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Law

Faculty of Law, Humanities and the Arts - Papers (Archive)

Jurisprudence

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Full-Text Articles in Arts and Humanities

Towards A Jurisprudence Of The Embodied Mind - Sarah Lund, Forbrydelsen And The Mindful Body, Marett Leiboff Jan 2015

Towards A Jurisprudence Of The Embodied Mind - Sarah Lund, Forbrydelsen And The Mindful Body, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

As Erika Fischer-Lichte remarked, the great Polish theatre theorist Jerzy Grotowski redefined the notion of the body of the actor as an embodied mind, as a responsive and responding self. Conversely, law abjures the body, its interpreters – lawyers and scholars – inured in practices of rationality, reason and logic, or mindful disembodiment. Travelling through the Danish capital, encountering Danes real and fictitious to illustrate how much we function through our bodies, this essay suggests that we are better and more effective legal interpreters as embodied minds, rather than disembodied minds. But this is not mindless embodiment, a mere reflex …


Theatrical Jurisprudence And The Imaginary Lives Of Law In Pre-1945 Australia, Marett Leiboff Jan 2014

Theatrical Jurisprudence And The Imaginary Lives Of Law In Pre-1945 Australia, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

If there is anything like an imagined pre-1945 past in Australia, it is one steeped in an Anglophone legal ascendancy. But this is an imaginary past in so many ways. Non-British Europeans came to Australia long before 1945. These earlier Europeans were marked by differences of voice and face, but were eager British subjects, as likely to actively take advantage of law as they were to be subjected to its strictures. By theatricalising their ordinary and extraordinary legal lives through archive and memory, we are reminded that there is more to law of the South than formal accounts which have …


D.H. Lawrence's Plural Jurisprudence: An Enquiry Into Desmond Manderson's Post-Positivist 'Law And Literature', Luis Gomez Romero Jan 2014

D.H. Lawrence's Plural Jurisprudence: An Enquiry Into Desmond Manderson's Post-Positivist 'Law And Literature', Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

The border means more than a customs house, a passport officer, a man with a gun. Over there everything is going to be different; life is never going to be quite the same again after your passport has been stamped and you find yourself speechless among the money-changers.

Graham Greene, The Lawless Roads

This article draws on Desmond Manderson's theorisation of ‘law and literature’ in order to undertake a jurisprudential reading of the last two ‘leadership novels’ that D.H. Lawrence published in the 1920s: Kangaroo and The Plumed Serpent. This reading demonstrates the strengths and weaknesses in Manderson's methodology while …


Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart B. Kaye Jan 2008

Lessons Learned From The Gulf Of Maine Case: The Development Of Maritime Boundary Delimitation Jurisprudence Since Unclos Iii, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Chamber of the International Court of Justice (ICJ) delivered its judgment on the location of the maritime boundary between Canada and the United States in the Gulf of Maine, on October 12, 1984. Less than two years before, after many years consideration, and an almost complete failure of consensus during the Third United Nations Conference on the Law of the Sea (UNCLOS III),1 the international community adopted the text of Articles 74 and 83 of the United Nations Convention on the Law of the Sea.2 These two almost identically-worded articles provided the formula for delimiting the maritime boundaries between …