In 2013, an international group of jurists gathered in London to mark the 40th anniversary of the... more In 2013, an international group of jurists gathered in London to mark the 40th anniversary of the publication of James Boyd White’s The Legal Imagination, the book that is widely credited with instigating and inspiring the modern “law and literature” and “law and humanities” movements in university teaching and research. The authors of each of the twelve essays in this collection offer a personal reflection on teaching, researching, and practicing law in the light of White’s invitation to reimagine the law and our own relationship with it. Each is therefore a personal response to the challenge of bringing legal work to life and life to legal work. Topics covered range from rhetoric to human rights, from silence to slow reading, from film to material culture, and from the natural world to the realm of religious experience. This book hopes to make life in the law more meaningful for the scholar, the judge, the attorney, and the student, following the sometimes hard path that James Boyd White set himself to follow. - See more at: http://www.publishing.umich.edu/publications/maize-books/living-in-a-law-transformed/#sthash.eqiCMgfd.dpuf
Adjudication between conflicting normative universes that do not share the same vocabulary, stand... more Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, I argue in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgment draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
This book is the first to approach Jacques Rancière’s work from a legal perspective. A former stu... more This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.
This Article is brought to you for free and open access by the Journals at Osgoode Digital Common... more This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons.
ABSTRACT Marianne Constable's Our Word is Our Bond is a rhetorical and jurisprudential in... more ABSTRACT Marianne Constable's Our Word is Our Bond is a rhetorical and jurisprudential investigation into modern law's embeddedness in language and its relation to justice, an alternative to those who would define law as a system of rules, as a regulatory science, a problem-solving technique, or as an instrument of power. At the most basic level, Our Word is Our Bond argues that modern law (mostly of the Anglo-American variety, but not only 1) exists rhetorically, in the sense that legal institutions and claims such as promises, oaths, pleas, contracts, marriages, torts, criminal indictments, and judgments come to fruition through acts of language—which include symbols, gestures, and silences. To say that language is central to law, to be sure, is not to say that language is all there is to law, or that all law is reducible to language; in fact, 'law cannot be reduced to anything' (Constable 2014, 132), which could be taken as the central programmatic statement of the book. In contrast to the eternal and immutable truths of Philosophy, rhetoric seeks the contextual and contingent 'appropriate saying' , relative to particular speakers, situations, and contexts. Consistently, the book offers neither a theory of justice nor a concept of law as such. It shows, rather, how modern law is a matter of language and that justice, however impossible to define and difficult to determine, depends on the relationships we have with one another (Constable 2014, 4). Thus, to those who ask 'What is law?' , the book suggests that the answer lies in further investigating law's relations to the rhetorical activities of claiming and hearing (Ibid., 1). In so 1 Constable's examples are drawn from the Anglo-American legal tradition, but claiming and hearing are common to a plurality of legal contexts and geographies.
S180 www.palgrave.com/journals original, albeit impressionistic, thinker, whose main aim was not ... more S180 www.palgrave.com/journals original, albeit impressionistic, thinker, whose main aim was not to demolish the tradition of political thought, but to reinvigorate it out of the ''pearls'' she had herself found(ed). As to the second, however, Schwartz's case for Arendt's reappropriation of Kantian aesthetic judgment may still be insufficient. The shortcoming strikes me not so much as a problem of the author, who does an excellent job of recreating Arendt's universe, but rests inherently with the Kantian framework. Perhaps, a good example of judgment would have helped to upend this impression. Turning to the structure and main arguments, the first chapter explains the genealogical method that Arendt called ''pearl diving,'' which aimed to ''bring the original meaning of vital words back … to life through thought and imagination'' (pp. 22-23). Schwartz notes the seminal influence of Heidegger, from whom she borrowed not only a method but a conception of human beings as essentially historical. In addition, Arendt adopted several fundamental Heideggerian concepts: the idea that humans are thrown into a world that conditions their existence (which in Arendt became worldliness) and being-in, the ability to engage with worldly situations (which in Arendt became common sense). This chapter also engages Arendt's crucial understanding of ''action'' to be accomplished jointly in the public realm, where words can be heard, deeds can be seen, and events discussed and remembered. Chapter two retraces Arendt's archaeology of Western political thought with a view to retrieving ''the human faculties necessary to found and maintain a new public realm'' (p. 65). From the Greeks, she retrieved isonomia, translated ''literally as norule'' (p. 67), where men interact with one another without compulsion, as equals among equals, commanding and obeying only in emergencies. From the Romans, she retrieved authority as freely given obedience, which revolved around the preservation and carrying forward of the original foundation of the city. The Romans constituted the Western world as world, which began to crumble once the humanists, the Reformation, and seventeenth-century political theorists attacked religion, the church, and tradition. By the revolutionary period, the older world was long gone. Chapter three reverses the perspective and addresses philosophy's establishment of the tradition of political thought as an attempt to ''lay down the rules for the lunatic asylum'' (Pascal). Plato's allegory of the cave established an influential pattern, which Aristotle and the subsequent tradition continued. Schwartz is not so much interested in disputing particular readings by Arendt, but to consider ''whether she has a point'' (p. 105). For the most part, this aim allows him to stay clear of, and circumvent, pedantic criticisms. However, sometimes a further argument would be needed: for example, to restate the meaning of isonomia as ''literally no-rule'' is inaccurate, given that the term actually contains the root for law: ''nomos.'' (I will come back to this later.) Chapter four resumes the historical narrative and explains how ''necessity'' (rather than freedom) came to reign in human affairs. The first thread of the story Review Essay
Robert Cover is known for having argued that in every plural society there exist, along with the ... more Robert Cover is known for having argued that in every plural society there exist, along with the State, multiple normative entities that create and maintain their own sense of normativity, that is, their own holistic modes of assessing good and bad, valid and invalid, right and wrong. Beyond that, few systematic attempts have been made to
The true artists of speech remain always conscious of the metaphorical character of language. The... more The true artists of speech remain always conscious of the metaphorical character of language. They go on correcting and supplementing one metaphor by another, allowing their words to contradict each other and attending only to the unity and certainty of their thought.
We live in a dialogical world. The normative environment around us is many-voiced. Legal activiti... more We live in a dialogical world. The normative environment around us is many-voiced. Legal activities like drafting, negotiating, interpreting, judging, invoking, and protesting the law take place in dialogical encounters, all of which presuppose entrenched forms of social dialogue. And yet, the dominant modes of thinking about the law remain monological. How can we bring our legal conceptions into alignment with the dialogical world in which we live?
The present article follows in the footsteps of a Bakhtinian dialogical theory of language that challenges the roots of contemporary positivist conceptions of law and language underpinning large swathes of legal academia and the legal profession—including recent approaches to legal interpretation called corpus linguistics. Against this backdrop, the article aims to develop a richer and more textured dialogical jurisprudence to encompass the various aspects, activities, and genres where legal language is employed.
In 2013, an international group of jurists gathered in London to mark the 40th anniversary of the... more In 2013, an international group of jurists gathered in London to mark the 40th anniversary of the publication of James Boyd White’s The Legal Imagination, the book that is widely credited with instigating and inspiring the modern “law and literature” and “law and humanities” movements in university teaching and research. The authors of each of the twelve essays in this collection offer a personal reflection on teaching, researching, and practicing law in the light of White’s invitation to reimagine the law and our own relationship with it. Each is therefore a personal response to the challenge of bringing legal work to life and life to legal work. Topics covered range from rhetoric to human rights, from silence to slow reading, from film to material culture, and from the natural world to the realm of religious experience. This book hopes to make life in the law more meaningful for the scholar, the judge, the attorney, and the student, following the sometimes hard path that James Boyd White set himself to follow. - See more at: http://www.publishing.umich.edu/publications/maize-books/living-in-a-law-transformed/#sthash.eqiCMgfd.dpuf
Adjudication between conflicting normative universes that do not share the same vocabulary, stand... more Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, I argue in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgment draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
This book is the first to approach Jacques Rancière’s work from a legal perspective. A former stu... more This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.
This Article is brought to you for free and open access by the Journals at Osgoode Digital Common... more This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons.
ABSTRACT Marianne Constable's Our Word is Our Bond is a rhetorical and jurisprudential in... more ABSTRACT Marianne Constable's Our Word is Our Bond is a rhetorical and jurisprudential investigation into modern law's embeddedness in language and its relation to justice, an alternative to those who would define law as a system of rules, as a regulatory science, a problem-solving technique, or as an instrument of power. At the most basic level, Our Word is Our Bond argues that modern law (mostly of the Anglo-American variety, but not only 1) exists rhetorically, in the sense that legal institutions and claims such as promises, oaths, pleas, contracts, marriages, torts, criminal indictments, and judgments come to fruition through acts of language—which include symbols, gestures, and silences. To say that language is central to law, to be sure, is not to say that language is all there is to law, or that all law is reducible to language; in fact, 'law cannot be reduced to anything' (Constable 2014, 132), which could be taken as the central programmatic statement of the book. In contrast to the eternal and immutable truths of Philosophy, rhetoric seeks the contextual and contingent 'appropriate saying' , relative to particular speakers, situations, and contexts. Consistently, the book offers neither a theory of justice nor a concept of law as such. It shows, rather, how modern law is a matter of language and that justice, however impossible to define and difficult to determine, depends on the relationships we have with one another (Constable 2014, 4). Thus, to those who ask 'What is law?' , the book suggests that the answer lies in further investigating law's relations to the rhetorical activities of claiming and hearing (Ibid., 1). In so 1 Constable's examples are drawn from the Anglo-American legal tradition, but claiming and hearing are common to a plurality of legal contexts and geographies.
S180 www.palgrave.com/journals original, albeit impressionistic, thinker, whose main aim was not ... more S180 www.palgrave.com/journals original, albeit impressionistic, thinker, whose main aim was not to demolish the tradition of political thought, but to reinvigorate it out of the ''pearls'' she had herself found(ed). As to the second, however, Schwartz's case for Arendt's reappropriation of Kantian aesthetic judgment may still be insufficient. The shortcoming strikes me not so much as a problem of the author, who does an excellent job of recreating Arendt's universe, but rests inherently with the Kantian framework. Perhaps, a good example of judgment would have helped to upend this impression. Turning to the structure and main arguments, the first chapter explains the genealogical method that Arendt called ''pearl diving,'' which aimed to ''bring the original meaning of vital words back … to life through thought and imagination'' (pp. 22-23). Schwartz notes the seminal influence of Heidegger, from whom she borrowed not only a method but a conception of human beings as essentially historical. In addition, Arendt adopted several fundamental Heideggerian concepts: the idea that humans are thrown into a world that conditions their existence (which in Arendt became worldliness) and being-in, the ability to engage with worldly situations (which in Arendt became common sense). This chapter also engages Arendt's crucial understanding of ''action'' to be accomplished jointly in the public realm, where words can be heard, deeds can be seen, and events discussed and remembered. Chapter two retraces Arendt's archaeology of Western political thought with a view to retrieving ''the human faculties necessary to found and maintain a new public realm'' (p. 65). From the Greeks, she retrieved isonomia, translated ''literally as norule'' (p. 67), where men interact with one another without compulsion, as equals among equals, commanding and obeying only in emergencies. From the Romans, she retrieved authority as freely given obedience, which revolved around the preservation and carrying forward of the original foundation of the city. The Romans constituted the Western world as world, which began to crumble once the humanists, the Reformation, and seventeenth-century political theorists attacked religion, the church, and tradition. By the revolutionary period, the older world was long gone. Chapter three reverses the perspective and addresses philosophy's establishment of the tradition of political thought as an attempt to ''lay down the rules for the lunatic asylum'' (Pascal). Plato's allegory of the cave established an influential pattern, which Aristotle and the subsequent tradition continued. Schwartz is not so much interested in disputing particular readings by Arendt, but to consider ''whether she has a point'' (p. 105). For the most part, this aim allows him to stay clear of, and circumvent, pedantic criticisms. However, sometimes a further argument would be needed: for example, to restate the meaning of isonomia as ''literally no-rule'' is inaccurate, given that the term actually contains the root for law: ''nomos.'' (I will come back to this later.) Chapter four resumes the historical narrative and explains how ''necessity'' (rather than freedom) came to reign in human affairs. The first thread of the story Review Essay
Robert Cover is known for having argued that in every plural society there exist, along with the ... more Robert Cover is known for having argued that in every plural society there exist, along with the State, multiple normative entities that create and maintain their own sense of normativity, that is, their own holistic modes of assessing good and bad, valid and invalid, right and wrong. Beyond that, few systematic attempts have been made to
The true artists of speech remain always conscious of the metaphorical character of language. The... more The true artists of speech remain always conscious of the metaphorical character of language. They go on correcting and supplementing one metaphor by another, allowing their words to contradict each other and attending only to the unity and certainty of their thought.
We live in a dialogical world. The normative environment around us is many-voiced. Legal activiti... more We live in a dialogical world. The normative environment around us is many-voiced. Legal activities like drafting, negotiating, interpreting, judging, invoking, and protesting the law take place in dialogical encounters, all of which presuppose entrenched forms of social dialogue. And yet, the dominant modes of thinking about the law remain monological. How can we bring our legal conceptions into alignment with the dialogical world in which we live?
The present article follows in the footsteps of a Bakhtinian dialogical theory of language that challenges the roots of contemporary positivist conceptions of law and language underpinning large swathes of legal academia and the legal profession—including recent approaches to legal interpretation called corpus linguistics. Against this backdrop, the article aims to develop a richer and more textured dialogical jurisprudence to encompass the various aspects, activities, and genres where legal language is employed.
We live in a dialogical world. The normative environment around us is many-voiced. Legal activiti... more We live in a dialogical world. The normative environment around us is many-voiced. Legal activities like drafting, negotiating, interpreting, judging, invoking, and protesting the law take place in dialogical encounters, all of which presuppose entrenched forms of social dialogue. And yet, the dominant modes of thinking about the law remain monological. How can we bring our legal conceptions into alignment with the dialogical world in which we live? The present article follows in the footsteps of a Bakhtinian dialogical theory of language that challenges the roots of contemporary positivist conceptions of law and language underpinning large swathes of legal academia and the legal profession—including recent approaches to legal interpretation called corpus linguistics. Against this backdrop, the article aims to develop a richer and more textured dialogical jurisprudence to encompass the various aspects, activities, and genres where legal language is employed.
The Diversity of Law as an Intellectual Activity NoFo is proud of the diversity of this issue; a ... more The Diversity of Law as an Intellectual Activity NoFo is proud of the diversity of this issue; a diversity that is thematic, methodological, and geographical (with articles from the five continents!). The topics covered are wide-ranging: Ingo Venzke offers a theoretical approach to the concepts of authority and legal change in the international and post-national constellation; Vivian Ferreira uses the lens of normative pluralism to analyze the case of Community Development Banks in Brazil; Karin Van Marle reflects on the parallel paths of jurisprudence and historical (and life) narratives in post-Apartheid South Africa; Richard Dawson explores the intercultural encounter between white settlers and indigenous communities-an encounter between literacy and oralityin 19 th century New Zealand; Oishik Sircar critically examines the memorialization of the 2002 ethnic violence in the Indian state of Gujarat through a jurisprudential engagement with its cinematic register. In addition, NoFo12 features three book reviews: Marianne Constable's Our Word is Our Bond: How Legal Speech Acts (reviewed by Julen Etxabe); Roberta Kwall's The Myth of the Cultural Jew: Culture and Law in Jewish Tradition (reviewed by Susan Liemer) and Jeremy Webber's The Constitution of Canada: A Contextual Analysis (reviewed by John Erik Fossum). NoFo remains committed to bridging the gap between law and other social and human activities and experiences, for law cannot be understood as an isolated field, or as a practice exclusive to lawyers, government officials, and those who hold judicial office. The variety and interdisciplinarity of approaches-legal theory, qualitative case-study, critical jurisprudence, law and culture, law and film-demonstrate that, if law is a professional activity, it is also an intellectually rich and stimulating endeavor. In the opening article, 'Semantic Authority, Legal Change and the Dynamics of International Law' , Ingo Venzke offers a theoretical exploration of international law as the product of a communicative process in which different actors struggle for the law. In particular, Venzke puts forward the concept of 'semantic authority' in * Associate Professor, University of Amsterdam. ** Many thanks to the participants of the workshop on 'International Jurisprudence: Rethinking the Concept of Law' at iCourts, Copenhagen, for their valuable comments.
No Foundations: An Interdisciplinary Journal of Law and Justice is an international peer reviewed... more No Foundations: An Interdisciplinary Journal of Law and Justice is an international peer reviewed open-access journal that seeks to bridge the gap between law and other social and human activities and experiences. From its establishment in 2005 as No Foundations: Journal of Extreme Legal Positivism, the journal has been a platform for innovative and wide-ranging research in the fields of critical jurisprudence and socio-legal studies. The new name reflects our commitment to furthering interdi..
No Foundations is an international peer-reviewed journal committed to publishing interdisciplinar... more No Foundations is an international peer-reviewed journal committed to publishing interdisciplinary legal scholarship of the highest quality at the interface between law and justice. We encourage contributions from all areas of law and beyond, with the aim of bridging the gap once opened between law and other social and human activities and experiences. On the assumption that law is a socially embedded phenomenon that cannot be fully understood as an autonomous discipline, we aim to connect law both with its real effects on the lives of individuals and societies, and with the realm of human aspirations and ideals that give it life and meaning.
No Foundations is an international peer-reviewed journal committed to publishing interdisciplinar... more No Foundations is an international peer-reviewed journal committed to publishing interdisciplinary legal scholarship of the highest quality at the interface between law and justice. We encourage contributions from all areas of law and beyond, with the aim of bridging the gap once opened between law and other social and human activities and experiences. On the assumption that law is a socially embedded phenomenon that cannot be fully understood as an autonomous discipline, we aim to connect law both with its real effects on the lives of individuals and societies, and with the realm of human aspirations and ideals that give it life and meaning.
No Foundations is an international peer-reviewed journal committed to publishing interdisciplinar... more No Foundations is an international peer-reviewed journal committed to publishing interdisciplinary legal scholarship of the highest quality at the interface between law and justice. We encourage contributions from all areas of law and beyond, with the aim of bridging the gap once opened between law and other social and human activities and experiences.
On the assumption that law is a socially embedded phenomenon that cannot be fully understood as an autonomous discipline, we aim to connect law both with its real effects on the lives of individuals and societies, and with the realm of human aspirations and ideals that give it life and meaning.
No Foundations is currently accepting general submissions and book reviews for NoFo 13 (2016). To facilitate the review process please send us your manuscript before March 1, 2016. Please include an abstract of no more than 200 words with your submission.
ARTICLES
Here and Now: From ‘Aestheticizing Politics’ to ‘Politicizing Art’
Desmond Manderson
Th... more ARTICLES Here and Now: From ‘Aestheticizing Politics’ to ‘Politicizing Art’ Desmond Manderson
The Paradigm Case: Is Reasoning and Writing in Film Studies Comparable To (or With) Reasoning and Writing in Law? Geoffrey Samuel
Law as Record: the Death of Osama bin Laden Jothie Rajah
Forever Again: How Discursive Strategies Re-legitimate Torture in the US Senate Select Committee’s ‘Torture Report’ and the CIA’s Response Kati Nieminen
Writing Contagion as Cancer: Law, Gender and HPV Vaccination in Australia Joanne Stagg-Taylor
Charity Law and Religion—A Dinosaur in the Modern World? Juliet Chevalier-Watts
BOOK REVIEWS Jill Stauffer: Ethical Loneliness. The Injustice of Not Being Heard. Columbia University Press, New York 2015. Linda Ross Meyer
Alison Young: Street Art, Public City. Law, Crime and the Urban Imagination. Routledge, New York 2014. Preeti Dhaliwal
hose who have never penetrated the darkest depths of tragedy may fail to hear its call. In Ethics... more hose who have never penetrated the darkest depths of tragedy may fail to hear its call. In Ethics of Tragedy: Dwelling, Thinking, Measuring, Finnish critical legal theorist Ari Hirvonen argues convincingly that tragedy represents not so much a bygone era or even a canonic art form. Rather, tragedy speaks loudly to our times of “brutal capitalism” and its “paranoid epistemology,” which seek to control time in order to avoid uncertainties and surprises. Hirvonen suggests that tragedy forces us to rethink the limits that seem to have disappeared from sight, without the comfort of returning to divine beings or fixed moral norms (14). While the book appeals to Greek tragedy, the mood is not one of nostalgia for a golden age that never was and that would any case foreclose the possibility to rethink ethics (29). The point of departure for thinking Greek tragedy may be Athens (30), but it is our present that is being interrogated in the context of the tradition of theatre and philosophical thinking (31, 39). But if “we have to listen to tragedy” (31), how can an ethics of attuned responsibility be revealed in our contemporary world?
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The present article follows in the footsteps of a Bakhtinian dialogical theory of language that challenges the roots of contemporary positivist conceptions of law and language underpinning large swathes of legal academia and the legal profession—including recent approaches to legal interpretation called corpus linguistics. Against this backdrop, the article aims to develop a richer and more textured dialogical jurisprudence to encompass the various aspects, activities, and genres where legal language is employed.
The present article follows in the footsteps of a Bakhtinian dialogical theory of language that challenges the roots of contemporary positivist conceptions of law and language underpinning large swathes of legal academia and the legal profession—including recent approaches to legal interpretation called corpus linguistics. Against this backdrop, the article aims to develop a richer and more textured dialogical jurisprudence to encompass the various aspects, activities, and genres where legal language is employed.
On the assumption that law is a socially embedded phenomenon that cannot be fully understood as an autonomous discipline, we aim to connect law both with its real effects on the lives of individuals and societies, and with the realm of human aspirations and ideals that give it life and meaning.
No Foundations is currently accepting general submissions and book reviews for NoFo 13 (2016). To facilitate the review process please send us your manuscript before March 1, 2016. Please include an abstract of no more than 200 words with your submission.
Check journal: http://www.helsinki.fi/nofo/"
Here and Now: From ‘Aestheticizing Politics’ to ‘Politicizing Art’
Desmond Manderson
The Paradigm Case: Is Reasoning and Writing in Film Studies Comparable To (or With) Reasoning and Writing in Law?
Geoffrey Samuel
Law as Record: the Death of Osama bin Laden
Jothie Rajah
Forever Again: How Discursive Strategies Re-legitimate Torture in the US Senate Select Committee’s ‘Torture Report’ and the CIA’s Response
Kati Nieminen
Writing Contagion as Cancer: Law, Gender and HPV Vaccination in Australia
Joanne Stagg-Taylor
Charity Law and Religion—A Dinosaur in the Modern World?
Juliet Chevalier-Watts
BOOK REVIEWS
Jill Stauffer: Ethical Loneliness. The Injustice of Not Being Heard.
Columbia University Press, New York 2015.
Linda Ross Meyer
Alison Young: Street Art, Public City. Law, Crime and the Urban Imagination. Routledge, New York 2014.
Preeti Dhaliwal