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| Author | : Ravit Pe'er-Lamo Reichman |
| Publisher | : Stanford Law Books |
| Total Pages | : 240 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
Woolf and the lesson of torts -- The strange character of law -- Property and carrying on -- Committed to memory : Rebecca West's Nuremberg -- From witness to neighbor : Arendt's Eichmann
| Author | : Jonas Bens |
| Publisher | : Cambridge University Press |
| Total Pages | : 257 |
| Release | : 2022-05-19 |
| Genre | : Law |
| ISBN | : 1009080806 |
Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
| Author | : Kamari Maxine Clarke |
| Publisher | : Duke University Press |
| Total Pages | : 212 |
| Release | : 2019-11-15 |
| Genre | : History |
| ISBN | : 1478007389 |
Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.
| Author | : Illan Rua Wall |
| Publisher | : Routledge |
| Total Pages | : 157 |
| Release | : 2020-12-20 |
| Genre | : Law |
| ISBN | : 1000298035 |
Focusing on the moment when social unrest takes hold of a populace, Law and Disorder offers a new account of sovereignty with an affective theory of public order and protest. In a state of unrest, the affective architecture of the sovereign order begins to crumble. The everyday peace and calm of public space is shattered as sovereign peace is challenged. In response, the state unleashes the full force of its exceptionality, and the violence of public order policing is deployed to restore the affects and atmospheres of habitual social relations. This book is a work of contemporary critical legal theory. It develops an affective theory of sovereign orders by focusing on the government of affective life and popular encounters with sovereignty. The chapters explore public order as a key articulation between sovereignty and government. In particular, policing of public order is exposed as a contemporary mode of exceptionality cast in the fires of colonial subjection. The state of unrest helps us see the ordinary affects of the sovereign order, but it also points to crowds as the essential component in the production of unrest. The atmospheres produced by crowds seep out from the squares and parks of occupation, settling on cities and states. In these new atmospheres, new possibilities of political and social organisation begin to appear. In short, crowds create the affective condition in which the settlement at the heart of the sovereign order can be revisited. This text thus develops a theory of sovereignty which places protest at its heart, and a theory of protest which starts from the affective valence of crowds. This book’s examination of the relationship between sovereignty and protest is of considerable interest to readers in law, politics and cultural studies, as well as to more general readers interested in contemporary forms of political resistance.
| Author | : Susan A. Bandes |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 640 |
| Release | : 2021-04-30 |
| Genre | : Law |
| ISBN | : 1788119088 |
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
| Author | : Jonas Bens |
| Publisher | : |
| Total Pages | : 233 |
| Release | : 2022 |
| Genre | : International criminal courts |
| ISBN | : 9781009069359 |
Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
| Author | : Dean Spade |
| Publisher | : Duke University Press |
| Total Pages | : 194 |
| Release | : 2015-07-23 |
| Genre | : Social Science |
| ISBN | : 082237479X |
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
| Author | : M. N. S. Sellers |
| Publisher | : Cambridge University Press |
| Total Pages | : 258 |
| Release | : 2017-12-28 |
| Genre | : Law |
| ISBN | : 1108359736 |
This book examines the role and importance of reason and emotion in justice and the law. Eight lawyers and philosophers of law consider law's basis in the universal human need for society, our innate sense of justice, and many other powerful inclinations and emotions, including the desire for fairness and even for law itself. Human beings are deeply social creatures, inspired by social and other emotions, which can ennoble, support, or undermine the law. Law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole. This volume explores the power and purposes of reason and emotion in the law.
| Author | : Gerry Simpson |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2021 |
| Genre | : International law |
| ISBN | : 0192849794 |
The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.
| Author | : Greta Olson |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2022-07-28 |
| Genre | : |
| ISBN | : 0192856863 |
From Law and Literature to Legality and Affect argues for the continued vitality of Law and Literature. Traditional methods of Law and Literature are combined with work in critical media studies, affect, and cultural narratology to address topics such as ethnonationalism, anti-immigration sentiment, and systemic racism in Germany and the United States. Taking stock of the diversification of the field at fifty years, this book understands Law and Literature as a political project. It has a precedent in inaugural Law and Literature texts such as Jacob Grimm's Von der Poesie im Recht (On the Poetry in Law) from 1815/16, which imagined an alternative legal order that was grounded in the unity of law, poetic language, and feeling. The political thrust of Law and Literature continues up into the present in the arts of BlackLivesMatter, which document and resist police violence. Law and Literature offers keys for understanding how legal identities are constructed, for analyzing how legal texts are constructed, and for comprehending how cultural-legal issues are mediated affectively. Using cultural, medial, affect theoretical, and narrative analyses of law, a revitalized Law and Literature offers a set of methods and theories with which to address the most pressing issues of the present.
