Author: Leif Dahlberg
Publisher: Walter de Gruyter
ISBN: 3110285444
Category : Literary Criticism
Languages : en
Pages : 312
Book Description
The volume "Visualizing Law and Authority. Essays on Legal Aesthetics" brings together revised papers from the international conference "Law and the Image", held in Stockholm, 24–25 September, 2010. The participants/contributors belong to the disciplines of Art history, Cultural studies, Literary and Media studies, and Law. The contributions discuss the complex relations between law, media and visual phenomena. The common theme of the essays consists in an examination of the scopic field and of regimes of visibility in phenomenological terms, arguing that law constitutes a cognitive and aesthetic field of normative world-making. Rather than merely inverting Shelley’s dictum that the "poets are the unacknowledged legislators of the world", the essays argue in different ways for the necessity to develop a legal aesthetics. The most immediate way of pursuing such a legal aesthetics consists in examining law itself as an aesthetic object, for instance the power of law to produce icons, in the sense of unreadable texts or textiles (Martin Kayman, Gary Watt). Several essays focus on the way that visual art and media can be used to constitute and represent political power, but also to question it and to put it into question (Chiara Battisti, Leif Dahlberg, Elina Druker, Sidia Fiorato, Paul Raffield). Other essays investigate legal structures inherent in the artwork (and the artworld) itself (Ari Hirvonen, Max Liljefors, Christine Poggi, Karen-Margrethe Simonsen). Finally, there are two essays focusing on the use of images and imagery in the legal process, explicity arguing for the need of a legal aesthetics (Daniela Carpi, Richard Sherwin). Although diverse, the individual essays are interconnected with each other in fruitful and critical ways, making both explicit and implict references to each other.
Visualizing Law and Authority
Author: Leif Dahlberg
Publisher: Walter de Gruyter
ISBN: 3110285444
Category : Literary Criticism
Languages : en
Pages : 312
Book Description
The volume "Visualizing Law and Authority. Essays on Legal Aesthetics" brings together revised papers from the international conference "Law and the Image", held in Stockholm, 24–25 September, 2010. The participants/contributors belong to the disciplines of Art history, Cultural studies, Literary and Media studies, and Law. The contributions discuss the complex relations between law, media and visual phenomena. The common theme of the essays consists in an examination of the scopic field and of regimes of visibility in phenomenological terms, arguing that law constitutes a cognitive and aesthetic field of normative world-making. Rather than merely inverting Shelley’s dictum that the "poets are the unacknowledged legislators of the world", the essays argue in different ways for the necessity to develop a legal aesthetics. The most immediate way of pursuing such a legal aesthetics consists in examining law itself as an aesthetic object, for instance the power of law to produce icons, in the sense of unreadable texts or textiles (Martin Kayman, Gary Watt). Several essays focus on the way that visual art and media can be used to constitute and represent political power, but also to question it and to put it into question (Chiara Battisti, Leif Dahlberg, Elina Druker, Sidia Fiorato, Paul Raffield). Other essays investigate legal structures inherent in the artwork (and the artworld) itself (Ari Hirvonen, Max Liljefors, Christine Poggi, Karen-Margrethe Simonsen). Finally, there are two essays focusing on the use of images and imagery in the legal process, explicity arguing for the need of a legal aesthetics (Daniela Carpi, Richard Sherwin). Although diverse, the individual essays are interconnected with each other in fruitful and critical ways, making both explicit and implict references to each other.
Publisher: Walter de Gruyter
ISBN: 3110285444
Category : Literary Criticism
Languages : en
Pages : 312
Book Description
The volume "Visualizing Law and Authority. Essays on Legal Aesthetics" brings together revised papers from the international conference "Law and the Image", held in Stockholm, 24–25 September, 2010. The participants/contributors belong to the disciplines of Art history, Cultural studies, Literary and Media studies, and Law. The contributions discuss the complex relations between law, media and visual phenomena. The common theme of the essays consists in an examination of the scopic field and of regimes of visibility in phenomenological terms, arguing that law constitutes a cognitive and aesthetic field of normative world-making. Rather than merely inverting Shelley’s dictum that the "poets are the unacknowledged legislators of the world", the essays argue in different ways for the necessity to develop a legal aesthetics. The most immediate way of pursuing such a legal aesthetics consists in examining law itself as an aesthetic object, for instance the power of law to produce icons, in the sense of unreadable texts or textiles (Martin Kayman, Gary Watt). Several essays focus on the way that visual art and media can be used to constitute and represent political power, but also to question it and to put it into question (Chiara Battisti, Leif Dahlberg, Elina Druker, Sidia Fiorato, Paul Raffield). Other essays investigate legal structures inherent in the artwork (and the artworld) itself (Ari Hirvonen, Max Liljefors, Christine Poggi, Karen-Margrethe Simonsen). Finally, there are two essays focusing on the use of images and imagery in the legal process, explicity arguing for the need of a legal aesthetics (Daniela Carpi, Richard Sherwin). Although diverse, the individual essays are interconnected with each other in fruitful and critical ways, making both explicit and implict references to each other.
Visualizing Law in the Age of the Digital Baroque
Author: Richard K. Sherwin
Publisher: Routledge
ISBN: 0415612934
Category : Art
Languages : en
Pages : 274
Book Description
Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of lawâe(tm)s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.
Publisher: Routledge
ISBN: 0415612934
Category : Art
Languages : en
Pages : 274
Book Description
Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice and theory of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting crimes and accidents to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning making. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also shares broader cultural anxieties concerning not only the truth of the image but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like immersion in a seemingly endless matrix of digital appearances. When fact-based justice recedes, laws proliferate within a field of uncertainty. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of lawâe(tm)s claim to power. Visualizing Law in the Age of the Digital Baroque offers a jurisprudential paradigm that is equal to the challenge that current cultural conditions present.
Legal Emblems and the Art of Law
Author: Peter Goodrich
Publisher: Cambridge University Press
ISBN: 1107035996
Category : Art
Languages : en
Pages : 313
Book Description
The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
Publisher: Cambridge University Press
ISBN: 1107035996
Category : Art
Languages : en
Pages : 313
Book Description
The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed.
The Transparency Paradox
Author: Ida Koivisto
Publisher: Oxford University Press
ISBN: 0192855468
Category : Law
Languages : en
Pages : 241
Book Description
"The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premised on the notion that the truth about governance is key to its legitimacy, and transparency can provide legitimacy through access to truth. The book argues that this premise is false. Instead of accessing legitimacy by providing truth, transparency is labelled by either-or logic, which is referred to as 'the truth-legitimacy trade-off' in the book: transparency can provide either truth or legitimacy. Through this argument, the book questions the neutrality promise vested in transparency and claims that transparency is primarily a tool for creating appearances. The book consists of nine chapters divided into three parts: The Opacity of Transparency, The Promise of Transparency, and The Reality of Transparency. It combines legal and policy themes and research with interdisciplinary inputs, such as social philosophy and cultural and media studies, contributing to the growing literature on critical transparency studies"--
Publisher: Oxford University Press
ISBN: 0192855468
Category : Law
Languages : en
Pages : 241
Book Description
"The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premised on the notion that the truth about governance is key to its legitimacy, and transparency can provide legitimacy through access to truth. The book argues that this premise is false. Instead of accessing legitimacy by providing truth, transparency is labelled by either-or logic, which is referred to as 'the truth-legitimacy trade-off' in the book: transparency can provide either truth or legitimacy. Through this argument, the book questions the neutrality promise vested in transparency and claims that transparency is primarily a tool for creating appearances. The book consists of nine chapters divided into three parts: The Opacity of Transparency, The Promise of Transparency, and The Reality of Transparency. It combines legal and policy themes and research with interdisciplinary inputs, such as social philosophy and cultural and media studies, contributing to the growing literature on critical transparency studies"--
Siam's New Detectives
Author: Samson Lim
Publisher: University of Hawaii Press
ISBN: 0824855280
Category : History
Languages : en
Pages : 233
Book Description
Visual evidence is the sine qua non of the modern criminal process—from photographs and video to fingerprints and maps. Siam's New Detectives offers an analytical history of these visual tools as employed by the Thai police when investigating crime. Covering the period between the late nineteenth century and the end of the Cold War, the book provides both an extended overview of the development and evolution of modern police practices in Thailand, and a window into the role of the Thai police within a larger cultural system of knowledge production about crime, violence, and history. Based on a diverse set of primary sources—police reports, detective training manuals, trial records, newspaper stories, memoirs, archival documents, and hard-to-find crime fiction—the book makes two related arguments. First, the factuality of the visual evidence used in the criminal justice system stems as much from formal conventions—proper lighting in a crime scene photo, standardized markings on maps—as from the reality of what is being represented. Second, some images, once created, function as tools, helping the police produce truths about the criminal past. This generative power makes images such as crime scene maps useful as investigative aids but also means that scholars cannot analyze them simply in terms of mimetic accuracy or interpret them in isolation for deeper meaning. Understanding how modern legal systems operate requires an examination of the visual culture of the law, particularly the aesthetic rules that govern the generation and use of documentary evidence. By examining modern policing in terms of visual culture, Siam's New Detectives makes important methodological contributions. The book shows how a historical analysis of form can supplement the way many scholars have traditionally approached visual sources, as symbols requiring a close reading. By acknowledging the productive nature of images in addition to their symbolic functions, the book makes clear that policing is fundamentally an interactive, creative endeavor as much as a disciplinary one.
Publisher: University of Hawaii Press
ISBN: 0824855280
Category : History
Languages : en
Pages : 233
Book Description
Visual evidence is the sine qua non of the modern criminal process—from photographs and video to fingerprints and maps. Siam's New Detectives offers an analytical history of these visual tools as employed by the Thai police when investigating crime. Covering the period between the late nineteenth century and the end of the Cold War, the book provides both an extended overview of the development and evolution of modern police practices in Thailand, and a window into the role of the Thai police within a larger cultural system of knowledge production about crime, violence, and history. Based on a diverse set of primary sources—police reports, detective training manuals, trial records, newspaper stories, memoirs, archival documents, and hard-to-find crime fiction—the book makes two related arguments. First, the factuality of the visual evidence used in the criminal justice system stems as much from formal conventions—proper lighting in a crime scene photo, standardized markings on maps—as from the reality of what is being represented. Second, some images, once created, function as tools, helping the police produce truths about the criminal past. This generative power makes images such as crime scene maps useful as investigative aids but also means that scholars cannot analyze them simply in terms of mimetic accuracy or interpret them in isolation for deeper meaning. Understanding how modern legal systems operate requires an examination of the visual culture of the law, particularly the aesthetic rules that govern the generation and use of documentary evidence. By examining modern policing in terms of visual culture, Siam's New Detectives makes important methodological contributions. The book shows how a historical analysis of form can supplement the way many scholars have traditionally approached visual sources, as symbols requiring a close reading. By acknowledging the productive nature of images in addition to their symbolic functions, the book makes clear that policing is fundamentally an interactive, creative endeavor as much as a disciplinary one.
Visual Power, Representation and Migration Law
Author: Dorota Gozdecka
Publisher: Edinburgh University Press
ISBN: 1474460003
Category : Law
Languages : en
Pages : 194
Book Description
This book analyses the dominant imagery related to migration and illustrates how framing of migrants as subjects viewed through the lens of the host gaze positions them for exclusion and marginalisation. It focuses on comparative sources derived from public and media visual campaigns focusing on migration issues. It illustrates how the ethical gap that the host-centric way of looking creates results in the growing suspicion of the migrant and how this ethical gap broadens and impacts on the legal exclusion of migrants as legal subjects.
Publisher: Edinburgh University Press
ISBN: 1474460003
Category : Law
Languages : en
Pages : 194
Book Description
This book analyses the dominant imagery related to migration and illustrates how framing of migrants as subjects viewed through the lens of the host gaze positions them for exclusion and marginalisation. It focuses on comparative sources derived from public and media visual campaigns focusing on migration issues. It illustrates how the ethical gap that the host-centric way of looking creates results in the growing suspicion of the migrant and how this ethical gap broadens and impacts on the legal exclusion of migrants as legal subjects.
Film and Constitutional Controversy
Author: Marco Wan
Publisher: Cambridge University Press
ISBN: 110849577X
Category : Law
Languages : en
Pages : 191
Book Description
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
Publisher: Cambridge University Press
ISBN: 110849577X
Category : Law
Languages : en
Pages : 191
Book Description
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
Law and Leviathan
Author: Cass R. Sunstein
Publisher: Belknap Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Publisher: Belknap Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
The Oxford Handbook of Law and Humanities
Author: Simon Stern
Publisher:
ISBN: 0190695625
Category : Education
Languages : en
Pages : 921
Book Description
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Publisher:
ISBN: 0190695625
Category : Education
Languages : en
Pages : 921
Book Description
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Law as Religion, Religion as Law
Author: David C. Flatto
Publisher: Cambridge University Press
ISBN: 1108787983
Category : Law
Languages : en
Pages : 403
Book Description
The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1108787983
Category : Law
Languages : en
Pages : 403
Book Description
The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.