Law & Humanities Blog


Call For Papers: Extended Deadline

Posted: 29 Aug 2011 10:56 AM PDT

From Josh Wodak at Australian National University:




Honour Killing Across Culture and Time - EXTENDED Call for Papers

(1 September deadline)



Australian National University

Canberra, Australia

7-9 December 2011



Honour-motivated violence is a trans-historical and cross-cultural phenomenon, yet it has recently become a metonym for Islamic and anti-modern cultures.



How can inter-disciplinary conversations unpack this association to produce innovative ways of thinking about and acting against violence justified through claims of honour?



This conference will explore honour killing across periods, places, political contexts, legal regimes and religions. It will bring together scholars, artists and activists. This event will be the ANU Gender Institute's Signature Event for 2011.



For more information:

http://history.cass.anu.edu.au/honourkillingconf

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An Art and Law Blog

Posted: 28 Aug 2011 10:57 AM PDT

Here's an interesting blog devoted to the intersection of art and the law: Art and Artifice. Some recent posts discuss art and politics, blasphemy in Poland, and the notorious Louboutin red heel trade mark infringement case.
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Legal Writing: Tips From Fiction

Posted: 27 Aug 2011 11:41 AM PDT

Michelle Falkoff, University of Iowa College of Law, has published Lessons from the Iowa Writers' Workshop: Using Fiction Workshop Teaching Techniques in the First-Year Legal Writing Classroom, forthcoming in the Journal of Legal Education. 

The ability to critique one's own work is invaluable to writers in every field, but teaching students how to critique their work and the work of others is one of the most difficult lessons to impart. The goal of this Article is to talk about ways that legal writing teachers can incorporate fiction workshop techniques as a means of teaching students the art of critiquing their own and others' writing. In particular, this Article focuses on the workshop techniques employed at the Iowa Writers' Workshop and the development of a common language for discussing writing in group settings.
Download the article from SSRN at the link.
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Don't Tell Me Who Did It! I Paid a Lot For This Book!

Posted: 26 Aug 2011 03:37 PM PDT

A forthcoming study from two University of California, San Diego academics supports what I've thought for a long time: knowing whodunit in a mystery or thriller doesn't necessarily ruin the experience. I think it explains why some people (like me) re-read mysteries (and no, it's not because I can't remember the endings). Nicholas Christenfeld, one of the study's co-authors (I really like the presentation of his publications here), says the research explains why people actually enjoy knowing the ending. I understand that. They can concentrate on the journey along the way rather than obsess over the problem of the perpetrator.

But some people don't agree. They like the mystery, and that's understandable as well. They like puzzles. That's why they read crime novels, and watch thrillers. This research by Dr. Christenfeld and his co-author Dr. Jonathan Leavitt might also explain part of the debate in magic circles over exposure.
Some practitioners say it ruins the performance for the audience, and condemn those magicians (like Penn & Teller) who make a practice of explaining at least some illusions to their audiences. But some magicians say knowing how a magician performs an illusion doesn't really matter. A magician can still amaze with a performance.

More here on the study, which is forthcoming in Psychological Science (available to members).

Selected New Books

Posted: 26 Aug 2011 09:40 AM PDT

Some new scholarly books in law and humanities:

Brundage, W. Fitzhugh, Beyond Blackface: African Americans and the Creation of Popular Culture, 1890-1930 (Raleigh: University of North Carolina Press, 2011).

Chakkalakal, Tess, Novel Bondage: Slavery, Marriage, and Freedom in Nineteenth-Century America (Urbana: University of Illinois Press, 2011).

Jones, Paul Christian, Against the Gallows: Antebellum American Writers and the Movement to Abolish Capital Punishment (Ames: University of Iowa Press, 2011).


A Little Solitaire: John Frankenheimer and American Film (Murray Pomerance and R. Barton Palmer, eds.; Rutgers University Press, 2011). 


Markovitz, Jonathan, Racial Spectacles: Explorations in Media, Race, and Justice (Routledge, 2011).

Montell, William Lynwood, Tales From Kentucky Sheriffs (University Press of Kentucky, 2011).  

Reframing Rights: Bioconstitutionalism in the Genetic Age (Sheila Janasoff, ed.; Cambridge,  MIT Press, 2011). 






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France, the United States, and Coming to Terms With Slavery

Posted: 25 Aug 2011 11:11 AM PDT

Ariela J. Gross, University of Southern California Law School, has published All Born to Freedom? Comparing the Law and Politics of Race and the Memory of Slavery in the U.S. and France Today as USC Legal Studies Research Paper No. 11-18. Here is the abstract.



Both the United States and France have seen a burgeoning of memorialization of slavery and abolition in recent years, and France has even passed a memorial law declaring slavery a crime against humanity. This Essay compares law, racial politics, and the memory of slavery in two nations trying to come to terms with their slave pasts. Despite important differences in their histories and civil rights regimes, I argue that in both France and the U.S., movements that oppose race-conscious law portray slavery as part of the deep past, and a generalized past detached from race, whereas those seeking some form of recognition or reparation emphasize that slavery is "not even past." In both countries, the originary revolutionary moment – in France, associated with the Declaration of the Rights of Man, and in the U.S.
with the 1787 Constitution – is invoked to create a sense of the timeless continuity of the principle of colorblindness, with slavery (and race-conscious legal remedies today) temporary deviations.Download the paper from SSRN at the link.

The Development of Western Constitutional Ideas

Posted: 25 Aug 2011 11:07 AM PDT

Jean LeClair, Université de Montréal Faculty of Law, has published L'Avènement Du Constitutionnalisme En Occident: Fondements Philosophiques Et Contingence Historique (The Advent of Western Constitutionalism: Philosophical Foundations and Historical Contingency) in volume 41 of the Revue de droit de l'Université de Sherbrooke (2011). Here is the abstract.

Pour le bénéfice des non-initiés aux arcanes du droit constitutionnel occidental, l'auteur, après avoir brièvement décrit les notions de droit constitutionnel et de constitutionnalisme, s'attarde à retracer les idées-force qui, en Occident, ont rendu possible l'avènement de ces notions. Par la suite, il examine la trajectoire historique empruntée plus spécifiquement par les constitutionnalismes anglais, français et américain. L'auteur cherche ainsi à démontrer que, malgré la contingence historique du constitutionnalisme canadien, les principes philosophiques qui en sont à la source tirent leur origine de ce qu'on pourrait appeler un « patrimoine intellectuel occidental.



For the benefit of those unacquainted with the arcane features of Western Constitutional law, the writer, after briefly describing the notions of "constitutional law" and "constitutionalism", seeks to set out the fundamental ideas which have enabled these notions to develop in the Western World. He then examines the historical trajectory of British, French and American constitutionalism. In so doing, the author seeks to underline that, notwithstanding the historical contingency of Canadian constitutionalism, the philosophical ideas upon which it is grounded may be described as originating from a "Western intellectual patrimony."
Download the article from SSRN at the link. (NB: Text is in French).
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Medical Humanities Blog


On Structural Barriers to Interdisciplinarity

Posted: 25 Aug 2011 10:42 AM PDT

Jonathan Kahn (Hamline Univ.

Law), an attorney and an historian of science, has a new paper out in the latest issue of one of my favorite journals, Perspectives in Biology & Medicine.  The paper is entitled The Two (Institutional) Cultures: A Consideration of Structural Barriers to Interdisciplinarity.  Here is the Abstract:

C. P. Snow's famous Two Cultures essay has become a foil for decades of discussions over the relation between science and the humanities. The problem of the "two cultures" is often framed in terms of how the particular epistemological claims or general intellectual orientations of particular individuals on either side of this purported divide obstruct interdisciplinary dialogue or cooperation. This formulation, however, fails to consider the institutional frameworks within which such debates occur. This article examines the broader structural constraints that provide incentives, erect barriers, or otherwise shape the potential for interdisciplinary research and practice, with particular attention to work involving the life sciences. It argues that in order to understand the nature and scope of the problems facing interdisciplinary work, we must focus on the institutional constraints that shape how individuals frame questions, pursue investigations, develop careers, and collaborate.

The article is recommended.

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UCL Centre for Digital Humanities


British Academy Postdocs

Posted: 23 Aug 2011 08:02 AM PDT

The British Academy has just launched its latest call for Postdocs and the deadline is 12 October. We at UCLDH are always happy to welcome researchers with exciting new DH projects that fit well with our interests. So if you’d like to come to us to do a BA Postdoc, we’d be happy to talk [...]
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Law & Humanities Blog


King Lear and Leviathan

Posted: 22 Aug 2011 02:55 PM PDT

Alex Schulman, Duke University, has published From Lear to Leviathan: On States of Nature and Social Contracts in Shakespeare's Politics as an APSA 2011 Annual Meeting Paper. Here is the abstract.


Philosophers have been more ready to incorporate insights from the dramas of William Shakespeare than political theorists, who have focused more of their energies on ancient Greek tragedy. I argue that Shakespeare's plays are a valuable and necessary resource for a political theory open to imaginative literature, by focusing specifically on King Lear and reading it against Hobbes's Leviathan. I argue that Shakespeare tragically depicts the same process – the recreation of sovereignty out of a state of nature and emergent social contract – that Hobbes argues for normatively. Shakespeare's play shows what is required of us psychologically and even emotionally in carrying out the Hobbesian process of disassembling hierarchical feudalism and constructing a modern political rationalism.
will be provided by author.Download the paper from SSRN at the link.

Freedom, Power, and the Control of Women in "Vertigo"

Posted: 22 Aug 2011 07:37 AM PDT

John (Jay) Steinmetz, University of Oregon, has published 'They Had the Power and the Freedom': A Genealogy of Patriarchal Violence in Alfred Hitchcock's Vertigo as an APSA 2011 Annual Meeting Paper. Here is the abstract.

The control of women is at the center of Alfred Hitchcock's Vertigo, a misogyny of domination that is easily apparent. Less apparent in previous literature on Vertigo is the connection to a history of violence against women that threads through key scenes, where the expression "the freedom and the power" is spoken by the wife-murderer Gavin Elster, an authority on San Francisco history, and John "Scottie" Ferguson, who stalks and obsesses over what becomes three women: Madeleine Elster, Carlotta Valdez, and Judy Barton. The freedom and the power is something men once had, but they are slowly losing it, and there emerges the paranoia, the real vertigo. This phrase and its connotation, that of controlling women, connects both freedom and power to the mechanisms of patriarchy. One such mechanism in Vertigo is the deployment, in Foucaultian terms, of a myth: that Carlotta Valdez, thrown away by a rich man nearly 100 years ago, haunts Gavin Elster's wife Madeleine. This myth, the spurned woman, covers up the darker violence underneath, that of uxoricide. Foucault's repressive hypothesis, a deployment in discourse on the freedom and power of sexuality, can be mapped onto the myth of Carlotta Valdez and the killing of women that lies below its surface.
Download the paper from SSRN at the link.
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Medical Humanities Blog


On Public Opinions on the Social Determinants of Health

Posted: 22 Aug 2011 06:24 AM PDT

Stephanie A. Robert and Bridget C. Booske (Univ.

Wisconsin - Madison) have a new article out in the American Journal of Public Health entitled US Opinions on Health Determinants and Social Policy as Health Policy.  Here is the Abstract:

To examine what factors the public thinks are important determinants of health and whether social policy is viewed as health policy, we conducted a national telephone survey of 2791 US adults from November 2008 through February 2009. Respondents said that health behaviors and access to health care have very strong effects on health; they were less likely to report a very strong role for other social and economic factors. Respondents who recognized a stronger role for social determinants of health and who saw social policy as health policy were more likely to be older, women, non-White, and liberal, and to have less education, lower income, and fair/poor health. Increasing public knowledge about social determinants of health and mobilizing less advantaged groups may be useful in addressing broad determinants of health.

The American tendency to conflate health with health care is a major obstacle to appreciation of the importance of the SDOH.  This article adds to the literature demonstrating that this conflation is in fact real and common.  The article is recommended.

US Opinions on Health Determinants and Social Policy as Health Policy
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Law & Humanities Blog


The Myth of Rights

Posted: 18 Aug 2011 09:34 AM PDT

Jeffrey Dudas, University of Connecticut Department of Political Science, has published 'A Madman Full of Paranoid Guile': The Myth of Rights in the Modern American Mind, as an APSA 2011 Annual Meeting paper. Here is the abstract.



Stuart Scheingold's path-breaking The Politics of Rights ignited scholarly interest in the political mobilization of rights. The book was a challenge to the reigning popular and scholarly common sense regarding the supposedly self-executing nature of rights (what Scheingold called the "myth of rights"). Rights, Scheingold argued, could be resources for the pursuit of social change; but their realization in court doctrine and legislative output was not itself tantamount to meaningful social change. Thus embedded in The Politics of Rights is skepticism (or at least ambivalence) about the utility of rights politics for social movements. Scheingold was not ambivalent about the moral or normative value of rights themselves, although he did argue that the realization of rights was not by itself enough to overcome the manifold inequalities that structure modern life. The Politics of Rights, accordingly, is clear-eyed, but not cynical about rights advocacy. It is thus surprising, and keenly revealing, that Scheingold's final work – The Political Novel, which is ostensibly not about rights at all – points to mass cynicism, alienation, and the collapse of faith in governing institutions and logics as the animating elements of modern liberal democracies, including especially the United States. That rights are a vital part of the civic mythology whose collapse defines modern times suggests that the civil rights context of aspiration and struggle in which Scheingold, and nearly all of his followers (this author included), have conceived rights may be unnecessarily narrow. Rights may also be embedded, that is, in the modern condition of alienation, despair, and felt powerlessness.
Inspired by Scheingold's investigation of how literature points to this modern condition of political estrangement, I offer an alternative backdrop for The Politics of Rights that is rooted in the bleak renderings of the American character found in much 1970's American popular and intellectual culture. Such a contextualization, I will argue, suggests that we envision The Political Novel as a companion piece to The Politics of Rights; together they keenly illuminate both the mobilizing and de-mobilizing potential of the myth of rights.Download the paper from SSRN at the link.

Philosophers and States of Emergency

Posted: 18 Aug 2011 07:18 AM PDT

Tyler Curley, University of Southern California, has published Sounding the Alarm: Machiavelli, Locke and States of Emergency as an APSA 2011 Annual Meeting Paper. Here is the abstract.

Leaders have long sought to redefine the legal and political order in states of emergency. In this paper, I detail the theoretical formulations of emergency powers provided by Machiavelli and Locke. These theorists offer contrasting accounts about the tolerable use of executive authority to define when emergencies arise and to rule accordingly. Even though they both discuss these powers as inevitable features of political life, I argue there should be a distinction between the authority to delineate what situations constitute emergencies and the permissible executive powers during these times. Extralegal power automatically flows from the determination of an emergency for these theorists, which I find problematic and disquieting. I warn against Machiavelli's idea that self-interested princes alone should determine when emergencies exist and the extent of powers to eradicate these threats. While I am more sympathetic to Locke's attempt to limit extralegal executive authority, I find he does not adequately account for abuses of emergency powers. Both theoretical accounts lead to disturbing political communities wherein the same person is given the dual authority to determine when a situation constitutes an emergency and the scope of powers in these times.
Download the paper from SSRN at the link.
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Theosophy and Nationalism

Posted: 16 Aug 2011 07:39 AM PDT

Mark Bevir, University of California, Berkeley Department of Political Science, has published Theosophy, Cultural Nationalism, and Home Rule as an APSA 2011 Annual Meeting Paper. Here is the abstract.

This essay contains three sections. The first shows how western theosophists simplified and appropriated Indian thought, deploying it to resolve dilemmas confronting occult and other religious traditions. The second section explores how theosophical ideas then provided one inspiration for a tradition of cultural nationalism within India itself.



Finally, the third section examines how this cultural nationalism transformed Congress in the years immediately surrounding Gandhi's return from South Africa.
Download the paper from SSRN at the link.
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Voegelin and Metaphor

Posted: 15 Aug 2011 03:19 PM PDT

Glenn Hughes has published Voegelin's Use of Metaphor as an APSA 2011 Annual Meeting paper. Here is the abstract.

This paper discusses Eric Voegelin's use of key metaphors at the core of his philosophy of existence. After a look at Voegeli's notion of "symbol," it offers definitions of analogy and metaphor, then goes on to introduce notions of "existential metaphors" and "primal metaphors," the latter defined as those pertaining to transcendence or to human participation in transcendence.
Voegelin's choice to rely in his philosophy on primal metaphors such as "the Beyond" and " the In-Between" is examined, and this choice is finally related to his openness to and analyses of myth.Download the paper from SSRN at the link.

New International Law and Language Journal

Posted: 15 Aug 2011 08:05 AM PDT

A new online journal, the International Journal of Law, Language, & Discourse, and accompanying website, have launched here.

Here's the mission statement.

The International Journal of Law, Language & Discourse is published quarterly and presents articles related to legal issues, review of cases, comments and opinions on legal cases.


The International Journal of Law, Language & Discourse is a scholarly publication that examines a wide field of international legal issues. The Journal serves as both a practical resource for lawyers, judges, and legislators and those academics who teach the future legal generations. The Journal combines academic areas of law, discourse analysis, English linguistic analysis, combined with psycho-legal-linguistics.
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A Peruvian Law and Literature Website

Posted: 11 Aug 2011 12:31 PM PDT

Welcome to a new website, Jus Literaria, created by students of law and literature at the Universidad Nacional Mayor de San Marcos (Lima, Peru), Facultadad de Derecho. At least, I think it's new, or at least the addition of the counter on the home page is new; it indicated (according to my translation which could very well be wrong) fewer than 30 total hits when I visited today. I've added a link to the site under "Resources" here at the Law and Humanities Blog.

The website has links to figures in art and law (example: Daumier), founding scholars in the field of law and literature in various countries (Benjamin Cardozo and Richard Weisberg for the US), suggestions for secondary reading,  and links to associations. I'm not entirely sure why it's set up the way it is: why the French phrase "droit et littérature" takes you to a bibliography while the Italian equivalent takes you to an association, but maybe the logic will become clear with further use. At any rate, the site provides a lot of information, particularly for those interested in Latin American law and literature. I hope the students continue to keep it updated.

Pretty Little Philosophers?

Posted: 11 Aug 2011 12:00 PM PDT

Timothy Lukes has published The Politics of Beauty: Locke, Shaftesbury, and Burke as an APSA 2011 Annual Meeting Paper. Here is the abstract.


I argue that liberalism adulterates beauty, that Shaftesbury cannot resist the survival agenda of Locke, and that Burke's concept of the sublime is the result.
Download the paper from SSRN at the link.

Notre Ami Montequieu

Posted: 11 Aug 2011 11:53 AM PDT

Kirsten Nussbaumer, Saint Louis University, has published Republican Election Reform and the American Montesquieu. Here is the abstract.

 
At the time of the American founding, discourse about election regulation was shaped by a venerated -- but now long-forgotten -- "republican" (or "whig") tradition that taught that important election rules ought to be "fixed" in constitutions, not left to mere ordinary law, in order to protect popular sovereignty and limit electoral manipulation for incumbent, factional or partisan advantage. Men speaking on all sides of the debates about the framing and ratification of the U.S. constitution repeatedly invoked Montesquieu as authority for this tradition, and used (their understanding of) his precepts in order to evaluate each elections provision of the proposed constitution for its conformity to the tradition. While some elections provisions were received as sharp departures from the tradition, others were taken to be faithful accommodations of the republican tradition to a new variant of federalism. Over time, the republican electoral tradition evolved from an emphasis on entrenching election rules against change to mere entrenchment of a requirement that election reform be channeled through constitutional processes.
Download the paper from SSRN at the link.
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