Law & Humanities Blog |
| Stanley Fish On "The Fugitive" Posted: 18 Mar 2011 12:57 PM PDT Jenny Diski reviews Stanley Fish's new book The Fugitive in Flight: Faith, Liberalism and Law in a Classic TV Show (University of Pennsylvania Press, 2010) in the London Review of Books here. Seasons 1 and 2 of The Fugitive, starring David Janssen, William Conrad, and Barry Morse, is available on DVD. Harrison Ford and Tommy Lee Jones starred in the 1993 movie version; Jones reprised his U.S. Marshal role (Samuel Gerard) in the film U. S. Marshals (1998). Wesley Snipes and Robert Downey, Jr. co-starred.   |
| Posted: 18 Mar 2011 12:14 PM PDT Reza Banakar, University of Westminster School of Law, has published Having One's Cake and Eating It: The Paradox of Contextualisation in Socio-Legal Research in the International Journal of Law in Context (2011). Here is the abstract. In Law in Modern Society, Denis Galligan argues that adopting a social scientific perspective, which describes and analyses the law in extra-legal terms, can easily entail losing sight of the law as a distinct social formation. To avoid this pitfall, socio-legal research should contextualise those features of the legal system which are relevant to the actions of citizens and officials of the law. This essay argues that since the "relevant" features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law's fluidity and societal embeddedness. |
Using Galligan's methodology as its backdrop, this essay sketches the contours of three ideal typical approaches to the contextualisation of law. The first approach examines how social institutions absorb law within their existing networks of rules and relations; the second reverses law's method of dislodging actions from their socio-historical context; and the third uncovers the socio-cultural and historical embeddedness of the legal system. This paper concludes by arguing that these three approaches reverse the de-contextualising effects of modern Western law in different ways and degrees. Scholars who employ the second and the third approaches often do so as part of their search for alternative forms of law and legality. What is identified by Galligan as losing sight of the distinctiveness of the law should, in their case, be explored in light of the ongoing struggle for law, rather than as the failure of social sciences to account for the specificity of positive law. Download the article from SSRN at the link.
Posted: 18 Mar 2011 08:43 AM PDT
Fun for a Friday: Supreme Court Haiku, a blog devoted to, well, the high court's pronouncements transformed into that elegant poetic form, the 17 syllable poem called the haiku. But other haiku include those devoted to the Bill of Rights (the Ninth Amendment: Enumeration/Not construed to disparage/Rights people retain/), sitting and past Justices, those devoted to cases, and other blogs (with haiku describing them).
When the blogger, Keith Jaasma, responds to people who ask why he writes haiku by saying,
Some ask: Why haiku?
Why seventeen syllables?
No time for real blog
I would note that writing a good haiku can take as much time as (or more than) writing a good blog post.
On his disclaimer page Mr. Jaasma adds,
As should be quite clear
Haikus aren't legal advice
Consult a lawyer
Supreme Court Haiku
Not affiliated with
Real Supreme Court (duh)
Haiku has many, many rules to follow; the rules in Japanese are different from those in English. This article from the Times of India notes that many Japanese are finding solace from the recent earthquake and tsunami and continuing devastation by writing haiku to express their pain. For more about haiku, follow this link to the webpages of the Haiku Society of America.
Thanks to Gordon Firemark for the tweet.
When the blogger, Keith Jaasma, responds to people who ask why he writes haiku by saying,
Some ask: Why haiku?
Why seventeen syllables?
No time for real blog
I would note that writing a good haiku can take as much time as (or more than) writing a good blog post.
On his disclaimer page Mr. Jaasma adds,
As should be quite clear
Haikus aren't legal advice
Consult a lawyer
Supreme Court Haiku
Not affiliated with
Real Supreme Court (duh)
Haiku has many, many rules to follow; the rules in Japanese are different from those in English. This article from the Times of India notes that many Japanese are finding solace from the recent earthquake and tsunami and continuing devastation by writing haiku to express their pain. For more about haiku, follow this link to the webpages of the Haiku Society of America.
Thanks to Gordon Firemark for the tweet.
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