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University of Wollongong

Law Text Culture

Journal

2014

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The Tangle Of Colonial Modernity: Hong Kong As A Distinct Linguistic And Conceptual Space Within The Global Common Law, Christopher Hutton Jan 2014

The Tangle Of Colonial Modernity: Hong Kong As A Distinct Linguistic And Conceptual Space Within The Global Common Law, Christopher Hutton

Law Text Culture

Hong Kong, or more formally, the Hong Kong Special Administrative Region (SAR), is a common law jurisdiction within the People’s Republic of China (PRC). Hong Kong was officially a British colony from 1843 to 1997, although colonial rule began in practice in 1841. Post-1997 Hong Kong is unusual in that it is a common law jurisdiction within a civil law state, the legal system of which was set up initially on the Soviet model. The People’s Republic of China is a unitary state under one party rule, and no power can be permanently ceded from the centre. Hong Kong is …


Hospitality, Subjectivity And Ceremony: Glee Confronts Hetero-Normativity, Anne Cranny-Francis Jan 2014

Hospitality, Subjectivity And Ceremony: Glee Confronts Hetero-Normativity, Anne Cranny-Francis

Law Text Culture

As Matei Candea and Giovanni da Col note in their Preface to a special issue of the Journal of the Royal Anthropological Institute (2012), the last decade has seen a resurgence of interest in the notion of hospitality: From Levinas’s phenomenological ethics and Serres’s study of parasitic relationships, through to Agamben’s musings on ‘inclusive exclusion’ and Derrida’s invention of the neologism hostipitality’ (ii). They note also that political, literary and legal scholars have approached this topic through studies of the roles of host and guest, which has led to theorizations of related concerns including migration, postcoloniality, sovereignty and international law. …


Contents And Contributors, Ltc Volume 17, Anne Cranny-Francis, Elaine Kelly Jan 2014

Contents And Contributors, Ltc Volume 17, Anne Cranny-Francis, Elaine Kelly

Law Text Culture

Contents and contributors, Law Text Culture, volume 17.


Unwelcome Welcome – Being ‘At Home’ In An Age Of Global Migration, Leif Dahlberg Jan 2014

Unwelcome Welcome – Being ‘At Home’ In An Age Of Global Migration, Leif Dahlberg

Law Text Culture

In this article I analyse contemporary conceptions of and attitudes to irregular immigrants in France as they are presented in national legislations and policy documents – generally as unwelcome, unwanted, undesired strangers. I also study how these laws and policies have been challenged by more hospitable and humane attitudes among activists, artists and culture producers as well as philosophers. In order to do this, I focus on a series of events and debates leading up to the most recent amendment of the French Code of Entry and Sojourn of Foreigners and of Right to Asylum (Code de l’entrée et du …


Revisiting Hospitality: Opening Doors Beyond Derrida Towards Nancy’S Inoperativity, Anastasia Tataryn Jan 2014

Revisiting Hospitality: Opening Doors Beyond Derrida Towards Nancy’S Inoperativity, Anastasia Tataryn

Law Text Culture

This article explores the phenomenon of migrant labour2 through the lens of Jacques Derrida’s hospitality. Developing the concept of hospitality as an analytical and ethical question, this article suggests some limits of hospitality when applied to issues of migrant labour and offers an account of inoperative hospitality, which draws on Jean- Luc Nancy’s discussions of inoperative community. Hospitality, as discussed by Jacques Derrida in Of Hospitality (2000), challenges us to think of our relation to each other—to the stranger, the foreigner, even to the one without a name—in reference to a limit or a border. The concept of hospitality, or …


Untitled, Elaine Kelly Jan 2014

Untitled, Elaine Kelly

Law Text Culture

The function of a title, as Jacques Derrida tells us, circumscribes, borders, orients, locates, and contains; it becomes ‘a code of legibility’ (Derrida 1986: 197). When we give something a title, we attempt to centre the capacity of the author to determine meaning in the content. In a word – ‘anchored’, ‘unanchored’, ‘home’, ‘bounded’, ‘horizons’ – the author (I) can ease the reader into a text, give them a sense of meaning and purpose. 'A title takes place only on the border of a work: were it only to let itself be incorporated in the corpus it entitles, were it …


Critique Of Law In A Martial Arts Thriller: The Peril Of Emotions, Limits Of Rationality, And Pluralistic Laws, Janny H.C. Leung Jan 2014

Critique Of Law In A Martial Arts Thriller: The Peril Of Emotions, Limits Of Rationality, And Pluralistic Laws, Janny H.C. Leung

Law Text Culture

This paper explores the cinematic treatment of a cluster of themes – law, justice, morality, human emotions and social relationships – in what appears in genre to be a fairly straightforward Chinese martial arts film, Wu Xia (2011). The film is atypical for its genre, however, both in the characters it depicts and in the narrative it constructs. In particular, Wu Xia has only three fight scenes and is heavy with dialogue (both in the broad, conversational sense of spoken dialogue and in the more technical, Bakhtinian sense of dialogism (1992)). In a striking departure from genre conventions, the film …


Searching The Academy (Soushuyuan搜書院): A Chinese Opera As Rule Of Law And Legal Narrative, Elaine Y.L. Ho, Johannes M.M. Chan Jan 2014

Searching The Academy (Soushuyuan搜書院): A Chinese Opera As Rule Of Law And Legal Narrative, Elaine Y.L. Ho, Johannes M.M. Chan

Law Text Culture

In earlier scholarship on traditional societies that became colonised, relations between imported legal systems and indigenous customs that had long operated with quasi-legal effect are often studied in terms of conflict and opposition, to show how western or European institutions progressively displaced what existed before their arrival. In her more recent studies of legal pluralism, however, Lauren Benton argues persuasively from many historical examples and cases that indigenous culture and contingent historical situations are major forces that mediate legal development and change. Though acknowledging her debt to Homi Bhabha’s theorising of hybridised subjects and their disruptions of asymmetrical colonial relations, …


Lawyer, Lawyer: Albert Venn Dicey, Joe Ma, And The Rule Of Law In Hong Kong, Marco Wan Jan 2014

Lawyer, Lawyer: Albert Venn Dicey, Joe Ma, And The Rule Of Law In Hong Kong, Marco Wan

Law Text Culture

Joe Ma’s Lawyer, Lawyer, a film about a lawyer’s attempt to rescue his former servant from a false accusation of murder in the colonial courts of Hong Kong, was released in 1997, the pivotal year of Hong Kong’s retrocession to China and a time when anxieties about the rule of law were very much in the air. A quintessentially ‘Hong Kong’ movie, it casts the comedian Stephen Chau – one of the most iconic figures in Hong Kong cinema – as the lawyer. The film’s box-office success can to a great extent be traced to its clever use of puns …


‘Rule Of Law’ As Anti-Colonial Discourse: Taiwanese Liberal Nationalists’ Imagination Of Nation And World Under Japanese Colonialism, Yun-Ru Chen Jan 2014

‘Rule Of Law’ As Anti-Colonial Discourse: Taiwanese Liberal Nationalists’ Imagination Of Nation And World Under Japanese Colonialism, Yun-Ru Chen

Law Text Culture

Law is – and has long been – a crucial element of (post-) colonial orders. It is commonplace wisdom that the Western centre dominates the eastern periphery, not only through outright force but also via institutions and ideas. Europeans and Americans have a long history of bringing ‘civilisation,’ be it Christianity, ‘modernity’ or law, to peoples they perceive as less civilised. Despite the common practice of applying different rules to different peoples, colonisers often see the lack of uniformity of law in the colonies as a failure, if not a necessary evil, for the ‘uncivilised’ colonised native. For countries that …