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University of Wollongong

2001

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Interdisciplinarity As Reading: Truth Commission Journal And Notes, M. Sanders Jan 2001

Interdisciplinarity As Reading: Truth Commission Journal And Notes, M. Sanders

Law Text Culture

August 5, 1998: The Truth and Reconciliation Commission is holding an amnesty hearing at the Central Methodist Church in Johannesburg. The hearing is a continuation of one held in May, concerning the events now remembered as the Shell House incident.2 In March 1994, security guards from the African National Congress headquarters at Shell House, an office building in the middle of Johannesburg, fired their guns at a large contingent of Zulu marchers, some armed with "traditional weapons": cow-hide shields, sticks, clubs, spears.3 Eight marchers died, and the guards have applied for amnesty. A witness, one of the marchers, is being …

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Rhetoric And Somatics: Training The Body To Do The Work Of Law, P. Goodrich Jan 2001

Rhetoric And Somatics: Training The Body To Do The Work Of Law, P. Goodrich

Law Text Culture

In a passage of the Lawiers Logike that is ostensibly concerned with the rhetorical figures of description, Abraham Fraunce surprisingly defines "chronographia," the description of time, by reference to its antithesis. Citing "Master Lambard", Fraunce gives the following example: "an arrest is a certain restraint of a man's person, depriving it of his own will and liberty, and binding it to become obedient to the will of the law; and it may be called the beginning of imprisonment."1 (1588a: 64r) Stasis or arrestation of the body is here used ironically to exemplify interruption of the essentially incorporeal passage of time. …

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Friendship, Tradition, Democracy: Two Readings Of Aristotle, A. Thurschwell Jan 2001

Friendship, Tradition, Democracy: Two Readings Of Aristotle, A. Thurschwell

Law Text Culture

In a short speech published in 1988 entitled "The Politics of Friendship," Jacques Derrida concluded with a distinction between two models of friendship, exemplified by Aristotle and Cicero on one hand and Montaigne on the other, and suggested that these two models lead toward different notions of politics: The Greco-Roman model [of friendship] appears to be marked by the value of reciprocity, by a homological, immanentist, finitist, and politicist concord. Montaigne (whom we are reading here as the example of a paradigm) doubtless inherits the majority of these traits. But he breaks the reciprocity therein and discreetly introduces, so it …

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Discovering A Judicial Story, L. H. Larue Jan 2001

Discovering A Judicial Story, L. H. Larue

Law Text Culture

We all know that stories create culture and that law creates culture; it may well follow (this is only a probabilistic judgment) that the stories that one finds in judicial opinions might be especially powerful in creating culture. There are two problems with the thesis that judicial storytelling can be powerful. The first problem is that ordinary citizens do not read these stories and could only hear about them through the mediation of television and the newspapers. This objection is factually correct; judicial opinions do not speak directly to the average citizen. However, the objection errs in supposing that the …

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Admitting The Stranger: The Rule Of Law, The Ethics Of Medical Hospitality And The Borders Of Governmental Imagination In Nineteenth Century France, S. Schafer Jan 2001

Admitting The Stranger: The Rule Of Law, The Ethics Of Medical Hospitality And The Borders Of Governmental Imagination In Nineteenth Century France, S. Schafer

Law Text Culture

This essay takes as its point of departure a pair of perennial questions in western ethics: How might we know "the stranger"? What dictates proper behavior toward him or her? (Ogletree 1985) These ethical questions are also essential questions of culture, economics, law and diplomacy. They have inspired empathetic philosophical reflections, most notably in the work of Emmanuel Levinas (1969, 1998), theoretical work on difference, language, and subjectivity (Derrida 1998; Kristeva 1988), and literary explorations of human difference and alienation, most famously in Camus's The Stranger. ([1946] 1988; see also Stamelman on Jabes 1993) In Europe and North America, the …

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Black Letters And Black Rams: Fictionalizing Law And Legalizing Literature In Enlightenment England, S. S. Heinzelman Jan 2001

Black Letters And Black Rams: Fictionalizing Law And Legalizing Literature In Enlightenment England, S. S. Heinzelman

Law Text Culture

This spectacle of the promiscuous widow is described in a legal self-help book printed for women (and, in this case, by a woman). It was designed, claims its anonymous author, to inform the "fair Sex . . . how to preserve their Lands, Goods and most valuable Effects" (vii). Mixed in with this "serious matter" are anecdotes from customary law, provided by the author as "Things of Entertainment" (vi), of which this story of the widow-whore is one. In Patrick O'Brian's contemporary historical romance, The Mauritius Command, set in 1810 during the Napoleonic Wars, we find a re-enactment of the …

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Left (Over) Rights, D. Roithmayr Jan 2001

Left (Over) Rights, D. Roithmayr

Law Text Culture

As an intellectual movement in legal scholarship, Critical Race Theory ("CRT") was formally inaugurated twelve years ago, at a 1989 critical theory conference in Madison Wisconsin. Although the movement had its own historical narrative of development (Crenshaw 1995: xvii-xxvii), it had inherited much of its direction and methodology from two immediate intellectual precursors, the civil rights and critical legal studies ("CLS") movements. (xix) From the latter, CRT had adopted the critique of modern liberal legal consciousness, and in particular, the argument that law was reflected and reinforced the exercise of power by elites. From the former, CRT had drawn a …

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