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University of Wollongong

Law Text Culture

2006

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The Haunting Of Gay Subjectivity: The Cases Of Oscar Wilde And John Marsden, D. Dalton Jan 2006

The Haunting Of Gay Subjectivity: The Cases Of Oscar Wilde And John Marsden, D. Dalton

Law Text Culture

I offer the juxtaposition of the two images opposite [see article] as a visual index of the arguments presented in this article. For I seek to address how notions of gay criminality are intricately connected in a nexus of history, cultural memory and the practices of naming and figuring, through which the past prevails to haunt the present. Consider figure 1. On the right hand side is an image of Oscar Wilde as he was sketched in court during his first (defamation) trial in London in 1895. On the left hand side is an image of a man …


Checkpoint (Blacktown) By Zanny Begg, J. Lai Jan 2006

Checkpoint (Blacktown) By Zanny Begg, J. Lai

Law Text Culture

Artist: Joy Lai
Artwork: Checkpoint (Blacktown) by Zanny Begg for the [out of gallery] project, 2004


The Trouble With Pictures, K. Biber, M. San Roque Jan 2006

The Trouble With Pictures, K. Biber, M. San Roque

Law Text Culture

The trouble with pictures contributes to an emerging field that explores the myriad of relationships between law and visual culture. The last decade or so has seen the consolidation of ‘visual culture’ into a recognised field of interdisciplinary — even postdisciplinary — study, its permeable borders now enclosing law. When Douzinas and Nead published their collection Law and the Image they characterised what has been the traditional relationship of law and art in two analytically distinct ways: ‘law’s art, the ways in which political and legal systems have shaped, used and regulated images and art, and art’s law, the representation …


William Gregory From The Innocents, T. Simon Jan 2006

William Gregory From The Innocents, T. Simon

Law Text Culture

Artist: Taryn Simon
Artwork: William Gregory
Wick’s Parlor, Louisville, Kentucky
With fiancée Vicki Kidwell, whom he dated prior to conviction
Gregory was a pool champion in prison
Served 7 years of a 70-year sentence


Get The Picture: Central Australian Indigenous Paintings, Which Reveal Collaborative Thought About Contemporary Social Situations, C. San Roque Jan 2006

Get The Picture: Central Australian Indigenous Paintings, Which Reveal Collaborative Thought About Contemporary Social Situations, C. San Roque

Law Text Culture

In central Australian languages the words for ‘thinking’ and ‘understanding’ are the words for ‘listening’ and ‘hearing’. The root verb, kulini (Pitjantjatjatjara) leads to kulinara palyani; ‘to plan or work out how to do something’. This is what we are doing here; looking at these paintings; trying to ‘get the picture’ and attending to what the pictures reveal.


When The Artwork Takes The Pictures, M. Astore Jan 2006

When The Artwork Takes The Pictures, M. Astore

Law Text Culture

I came to Australia on 26 December 1975 due to the outbreak of civil war in Lebanon. The war erupted in our neighbourhood and a Christian militia began recruiting local boys, including my younger brother. Choosing not to take part in the violence, we rushed to the Australian Embassy to apply for a visa. Thankfully it was still open for business. We applied for an immigration visa and within 6 months flew to Melbourne to where my uncle lived. We arrived with the status of ‘migrants’ and not as ‘refugees’. A few weeks later the Australian Embassy in Beirut closed …


Photographs And Labels: Against A Criminology Of Innocence, K. Biber Jan 2006

Photographs And Labels: Against A Criminology Of Innocence, K. Biber

Law Text Culture

In 2000 the American photographer Taryn Simon began photographing people whose criminal convictions had been overturned through the work of the Innocence Project. Founded at Cardozo Law School, the Innocence Project aims to acquit falsely-convicted people by introducing evidence that was unavailable or not admitted during their trial. Mostly, the new evidence is derived from DNA technology which, for reasons of overwhelming scientific acceptance, is regarded as definitive. In 2003 Simon’s series The Innocents was exhibited at PS.1, an established centre of contemporary art in New York, with proceeds from sales going to support the continued work of the Innocence …


Fugitive Performances Of Death And Injury, R. Scott Bray Jan 2006

Fugitive Performances Of Death And Injury, R. Scott Bray

Law Text Culture

A legal trial, Felman states, ‘is presumed to be a search for truth, but, technically, it is a search for a decision, and thus, in essence, it seeks not simply truth but a finality: a force of resolution’ (1997: 738). The opening quote to my article reflects one scene of an attempt to support such resolution — that is, a search for knowledge of the ‘actual’ force required to injure a body, thereby eliminating or limiting speculation. Associate Professor John Hilton, a forensic pathologist and the former Director of the New South Wales Institute of Forensic Medicine (NSWIFM, also known …


Suburban Interventions, A Question Of Property, And Assigned Value (Title), S. Muñoz-Sarmiento Jan 2006

Suburban Interventions, A Question Of Property, And Assigned Value (Title), S. Muñoz-Sarmiento

Law Text Culture

Suburban Interventions, A Question of Property, and Assigned Value (title) originated in West Texas in 2000, and since then these projects have been installed or taken place in diverse locations throughout the United States: from Los Angeles, California to Pittsburgh, Pennsylvania, and from El Paso, Texas to Cambridge, Massachusetts. These three art projects incorporate and juxtapose the disciplines of sculpture and architecture with the Western legal discourses of property, First Amendment, and intellectual property law. In particular, these projects invoke, and thus critique, the assumed universality and normativity of Western jurisprudence.


Dirty Pictures: Defamation, Reputation And Nudity, D. Rolph Jan 2006

Dirty Pictures: Defamation, Reputation And Nudity, D. Rolph

Law Text Culture

There are many ways to damage a reputation. The most obvious way is by words, written or spoken — libel or slander. Centuries of case law, however, disclose that defamation defendants have been endlessly inventive about the means by which they damage a plaintiff’s reputation. In Falkenberg v Nationwide News Pty Ltd, a married couple in the Sydney suburb of Leichhardt complained about a ‘Far Side’ cartoon published in The Daily Telegraph Mirror, which included their actual home telephone number as the relevant, fictitious one to contact Satan. In Bishop v State of New South Wales, a schoolteacher complained about …


‘The Gentlest Of Predations’: Photography And Privacy Law, C. Ludlow Jan 2006

‘The Gentlest Of Predations’: Photography And Privacy Law, C. Ludlow

Law Text Culture

In December 2004, Peter James Mackenzie, a labourer from the beachside suburb of Coogee in Sydney, pleaded guilty before a magistrate to a charge of offensive behaviour for photographing women who were bathing topless at the beach without their knowledge or consent. He forfeited his expensive Nokia mobile camera phone and the images he had taken. ‘[The women] were quite horrified by what you were doing … Women are not objects of decoration for men’s gratification,’ said Magistrate Lee Gilmour as she fined him $500 (The Sydney Morning Herald 2 December 2004).


The Perpetrator In Focus: Turn Of The Century Holocaust Remembrance In The Specialist, F. Guerin Jan 2006

The Perpetrator In Focus: Turn Of The Century Holocaust Remembrance In The Specialist, F. Guerin

Law Text Culture

In his controversial 1998 film, The Specialist, Israeli director Eyal Sivan casts the Holocaust in a new light when he represents it through the eyes of the Nazi perpetrator. Sivan and his scriptwriter, human rights activist Rony Brauman, re-assemble and manipulate footage originally filmed by Leo Hurwitz for Capital Cities Broadcasting of Adolf Eichmann’s trial by an Israeli court in Jerusalem in 1961. Specifically, Sivan recycles the video footage of the trial into a 16mm film that critiques, not the heinous nature of Eichmann’s crimes, nor the depravity of the man who committed them, but the system of regulation that …


Distracting The Masses: Art, Local Government And Freedom Of Political Speech In Australia, K. Gelber Jan 2006

Distracting The Masses: Art, Local Government And Freedom Of Political Speech In Australia, K. Gelber

Law Text Culture

Visual images in the form of politically explicit street art can evoke passionate responses. In the arena of political culture these responses can be educative or vilificatory, constructive or abusive, and form part of public debate. Where these images are censored, restricted or banned through legal intervention by government, however, the debate takes on a different tone because it interacts with free speech principles. What are the limitations of valid government intervention against controversial political art? Is it justifiable, and if so when and under what circumstances, for government to censor political views with which it disagrees or which it …


Wearcomp 4, S. Mann Jan 2006

Wearcomp 4, S. Mann

Law Text Culture

Artist: Steven Mann Artwork: WearComp4


The Image And The Terrorist, O. Watts Jan 2006

The Image And The Terrorist, O. Watts

Law Text Culture

A number of artists in America have been arrested and detained in the last few years on the suspicion of terrorism. Using Clinton Boisvert as a primary example this paper provides metapictures to explain the difficult job of defining and imaging ‘the terrorist’. Certain issues arise at the nexus of criminology and visual culture, in relation to terrorism. First, the visual representation of terrorism and the terrorist has become an important addition and a ‘dangerous supplement’, in Derridean terms, to anti-terrorist legislation. Visual culture has become a primary site in which legislative terms have been confronted both as concept and …