In engaging with the full range of 'the arts', contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic. Art continually informs the ethics of a legal theory concerned to address how theoretical abstractions and concrete oppressions overlook singularity and spontaneity. Indeed, the exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris - an art of law - which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside, particularly in the wake of modernism. But approaching art in that way risks distorting the very inexpressibility to which art is attentive and responsive, whilst remaining a custodian of its mystery. The novelty and ambition of this book, then, is to elicit, in very different ways, styles and orientations, the importance of the relationship between law and art. What can law and art bring to one another, and what can their relationship tell us about how truth relates to power? The insights presented in this collection disturb and supplement conventional accounts of justice; inaugurating new possibilities for addressing the origin of violence in our world.
Der Beziehung von Recht und Literatur wird seit einigen Jahrzehnten sowohl in der Literatur- als auch in der Rechtswissenschaft große Aufmerksamkeit zuteil. Vor dem Hintergrund der theoretischen und praktischen Anforderungen von Inter- und Transdisziplinarität bietet dieser Band einen Überblick über den aktuellen Stand des Forschungsfeldes. Rechts- und Literaturwissenschaftler_innen behandeln brisante Fragen wie die Möglichkeit von Methoden- und Begriffstransfers, mediale Darstellungen von Recht und den Zusammenhang zwischen Rechtsempfinden und den Künsten.
"Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-onfigured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida's writings on law, as wellas using Derrida and Bakhtin to clarify Lawrence's experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible." -- Publisher's website.
Author: Vikki Bell
Release Date: 2014-06-20
Since the end of the last dictatorship in 1983, Argentina’s visual artists and art-activists have been central to campaigns to demand the criminal prosecution of those initially granted amnesty and to a variety of commemorative projects. In The Art of Post-Dictatorship: Ethics and Aesthetics in Transitional Argentina Vikki Bell examines this involvement and intervention. She argues that the problematics that arise within the aesthetic realm cannot be understood solely through an art-historical approach; instead, they must be understood as a constitutive part of a broader collective endeavour. In this sense, the ‘art’ of post-dictatorship is not something that belongs to art or the artists themselves, but is about how the subjectivities and imaginations of new generations are constituted and entwined with questions of response, ethics and justice. It concerns how people align themselves between the past and the future. This book will be an invaluable resource for those studying the law, politics, art and sociology of contemporary Argentina as well as those concerned more widely with transitional justice and the politics of memory.
The law is going through a period of deep crisis, exemplified by continuing revelations of miscarriages of justice, which calls for radical reassessment of the relationship betwen law and morality. The technocratic efficiency aimed at by modern law can no longer be perceived as a subsitute for the law's failure to deliver justice. This new study seeks to reopen the law-ethics debate from a postmodern perspective and calls for a radical reassessment of the relationship between law and morality. It argues that the separation between law and ethics led to the failure of the law to deliver its promise of justice and claims that only by taking seriously a philosophy of otherness can the law be transformed into an acceptable ethical basis of social communication; otherwise it will remain divorced from ethics and its decline into amoral technocratic management will continue. The authors of this book confront an issue of great contemporary concern in an innovative and often controversial way. Theories of justice and the place of otherness in them are examined in detail, and the tragedy of Antigone is presented as the foundational myth of legality. Casuistry, another forgotten tradition, often contrasted with the reason of the law, is next traced in the common law. Legal philosophies, and the ideas of Kant, Hegel, Heidegger, Derrida and Levinas, are discussed in an exploration of the ethical elements missing in modern justice. The ethics alterity is then applied to a series of cases dealing with refugees. The book concludes by proposing a theory of legal aesthetics through a reading of a Shakespearean sonnet and Sir Joshua Reynolds' discourses on art.
Author: Stefan Huygebaert
Release Date: 2018-03-22
This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.
Author: Michael Stolleis
Publisher: CRC Press
Release Date: 2008-09-25
Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.
Before now, Jean-Luc Nancy's contributions to legal and political theory have been largely overlooked and lacking the in-depth appraisal they deserve. In this unique collection, eighteen notable Nancy scholars contextualize Nancy's work in these areas within the broad corpus of his other concerns. By emphasizing the originality of his theories in a globalizing age, each distinctive chapter provides a new and valuable insight into Nancy's legal and political philosophy. Together with his work on sense, community and art, these cutting edge contributions examine Nancy's conceptions of justice, legality and world in conjunction with the interpretation and rationality of: · The ontology of the event. · The form of relationality. · The effects of globalization. · The importance of Christianity in contemporary legal and political theory. Including a brand new essay by Nancy himself, this collection marks an important and timely step in a rich area of study.
Author: Ross Posnock
Publisher: Cambridge University Press
Release Date: 2005-05-05
Genre: Literary Criticism
Ralph Ellison's classic 1952 novel Invisible Man is one of the most important and controversial novels in the American canon and remains widely read and studied. This Companion provides an introduction to this influential and significant novelist and critic and to his masterpiece. It features essays by leading scholars, a chronology and a guide to further reading. The essays reveal alternative dimensions of Ellison's art radiating out from Invisible Man into other domains - technology, political theory, law, photography, music, religion - and recover the compelling urgency and relevance of Ellison's political and artistic vision. Since Ellison's death his published oeuvre has been expanded by several major volumes - his collected essays, the fragment of a novel, Juneteenth (1999), letters and short stories - examined here in the context of his life and work. Students and scholars of Ellison and of American and African-American literature will find this an invaluable and accessible guide.
Translated by Steven Corcoran Only yesterday aesthetics stood accused of concealing cultural games of social distinction. Now it is considered a parasitic discourse from which artistic practices must be freed. But aesthetics is not a discourse. It is an historical regime of the identification of art. This regime is paradoxical, because it founds the autonomy of art only at the price of suppressing the boundaries separating its practices and its objects from those of everyday life and of making free aesthetic play into the promise of a new revolution. Aesthetics is not a politics by accident but in essence. But this politics operates in the unresolved tension between two opposed forms of politics: the first consists in transforming art into forms of collective life, the second in preserving from all forms of militant or commercial compromise the autonomy that makes it a promise of emancipation. This constitutive tension sheds light on the paradoxes and transformations of critical art. It also makes it possible to understand why today?s calls to free art from aesthetics are misguided and lead to a smothering of both aesthetics and politics in ethics.
Author: Stephen K. George
Publisher: Rowman & Littlefield
Release Date: 2005
Genre: Literary Criticism
Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy.
Author: Jeffrey L High
Release Date: 2013-12-01
Genre: Literary Criticism
In an authorial class with dramatists and authors of literary prose such as Goethe, Schiller, Thomas Mann, Brecht, and Kafka, Heinrich von Kleist (1777-1811) remains prominent in international evaluations of artistic genius when measured by enduring popular and artistic reception; legal, philosophical, and scientific criticism; and resonance of political rage. Scholars have long been fascinated by Kleist’s biography and works, in no small part due to his influence on authors, philosophers, political thinkers, and filmmakers, who regard Kleist as among the most accessible of “classic” artists — one whose relevance requires neither theoretical introduction nor literary-historical justification. The present volume addresses two centuries of engagement with Kleist and his works from an angle that has proven most important to their popular canonical status — his artistic and political legacies. What mattered to Kleist has mattered to centuries of readers, and thus all the more to artists and thinkers with similarly urgent messages to convey.
Author: John Henry Merryman
Publisher: Kluwer Law International B.V.
Release Date: 2007-01-01
This book describes the collisions between the art world and the law, with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include + the fate of works of art in wartime, + the international trade in stolen and illegally exported cultural property, + artistic freedom, + censorship and state support for art and artists, + copyright, + droit moral and droit de suite, + the artist's professional life and death, + collectors in the art market, + income and estate taxation, + charitable donations and works of art, and + art museums and their collections. The authors are recognised experts in the field who have defined the canon in many aspects of art law.