Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

University of Wollongong

Law Text Culture

2007

Articles 1 - 6 of 6

Full-Text Articles in Entire DC Network

The Trouble With The Double; Expressions Of Disquiet In And Around Law And Literature, M. Aristodemou Jan 2007

The Trouble With The Double; Expressions Of Disquiet In And Around Law And Literature, M. Aristodemou

Law Text Culture

Talking, participating, engaging in the field of law and literature is an activity that causes me a lot of pleasure, indeed too much, even too painful a pleasure that easily tips over into, in one of the words in my title, disquiet, fear and anxiety. It is this anxiety, this extreme, perhaps, as I suggest later, ‘illegal’, jouissance provoked by the encounter between law and literature that I want to explore. So another title for this paper could be ‘The Anxiety of the Double: Expressions of Anxiety’ (as I read Pessoa’s term ‘disquiet’) in law and literature.


En Piel Ajena: The Work Of Teresa Margolles, R. Scott Bray Jan 2007

En Piel Ajena: The Work Of Teresa Margolles, R. Scott Bray

Law Text Culture

Teresa Margolles is a founding member of SEMEFO, Servicio Médico Forense (Forensic Medical Service), an artist’s collective in Mexico City that created artworks using forensic materials between 1990 and 1999. Since the late 1990s Margolles has created her own solo encounters around death and the mortuary, extending SEMEFO’s interest in the biographies of the dead in relation to social, political and economic practices. This article traverses Margolles’ distinctive forensic and aesthetic history to arrive at her testimonials to the dead women of Ciudad Juárez on the US/Mexico Border. Known as ‘The City of the Dead Girls’, Ciudad Juárez has more …


Identity Crisis: Judgment And The Hollow Legal Subject, Richard Mohr Jan 2007

Identity Crisis: Judgment And The Hollow Legal Subject, Richard Mohr

Law Text Culture

In this article I will be suggesting that there is a problem with the modern legal subject. There is something missing, a gap in the middle of that subjectivity, which clouds our judgment. This split had its origin in the Enlightenment, its first effect being the separation of knowing from doing. Our experience of the world could only be mediated through self-conscious sense data and thought, without our being in direct contact with the satisfaction of our needs or the consequences of our actions. This new conception of subjectivity has become an impediment to judgment, since splitting the actor from …


Spirited Away: Asylum Law And The Institutional Violence Of Legal Discourse, J. Parker Jan 2007

Spirited Away: Asylum Law And The Institutional Violence Of Legal Discourse, J. Parker

Law Text Culture

I can’t honestly say I remember, but the chances are it was cold: this was early March in Montreal after all and it usually is. I wandered south out of the Latin Quarter down through Chinatown and, as the buildings became gradually either taller or older — one or the other — through the business district. The Federal Court building was just on the corner there, after the road works and next-door to that ludicrously overpriced café with the pasta in the window. Through the revolving doors I found a man in a uniform and a dark blue hat with …


The Text Of Muteness In Personal Injury Litigation, S. Hardy Jan 2007

The Text Of Muteness In Personal Injury Litigation, S. Hardy

Law Text Culture

I have previously drawn a detailed analogy between the genre of melodrama and personal injury litigation (Hardy 2004a, 2004b: 155- 77). In particular, I have identified a kind of template narrative which is revealed in the trial transcripts and judgments of personal injury trials, which I call the ‘legal injury narrative’. I have described this as an explanatory narrative that provides a structure for telling a story about how people are undeservedly injured and how they are able to have their consequential suffering recognised and alleviated. Evidence of the legal injury narrative’s content and structure can be found in collections …


Rewriting The Event Of Murder: Provocation, Automatism And The Law’S Use Of A Narrative Of Insult, D. Tyson Jan 2007

Rewriting The Event Of Murder: Provocation, Automatism And The Law’S Use Of A Narrative Of Insult, D. Tyson

Law Text Culture

Affectively speaking, I think that words can be much more harmful than actions. There’s a sting in words which no action can replicate (Cummins J Leonboyer Nov 1999: 1168).
The opening quote to this article reflects a legal moment in which there is a movement or passage from the dead body to the legal text. The above statement was made by Cummins J during legal argument in the absence of the jury in Leonboyer, a case I observed. Counsel for the defence had asked his Honour to make a ruling that the partial defence of provocation be left for the …