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Full-Text Articles in Law

Law And Fiction In Medieval Iceland: The Story In The Gragas Manuscripts, Thomas J. Mcsweeney Jan 2014

Law And Fiction In Medieval Iceland: The Story In The Gragas Manuscripts, Thomas J. Mcsweeney

Studio for Law and Culture

Medieval Icelandic law has been appropriated for modern purposes as diverse as creating a history for European democracy and proving that a libertarian legal system can work in practice. It has been put to so many modern uses because it presents us with a picture of the Icelandic Commonwealth (ca. 930-1262) as a society of free and relatively equal farmers who operated with no king, no nobility, and minimal government. The laws represent Iceland as an exceptional polity, strikingly different from the monarchies and hierarchical societies that dominated Western Europe in the middle ages. This exceptionalism resonates strongly with modern …


Critical Acts Of Recognition: Reading Law Rhetorically, Sarah Burgess Jan 2008

Critical Acts Of Recognition: Reading Law Rhetorically, Sarah Burgess

Studio for Law and Culture

On July 11, 2002, the European Court of Human Rights (ECHR) set the scene for a significant shift in the way the United Kingdom legally defines sex and the status of transsexual and transgender people (trans people) within British society. The ECHR, in Christine Goodwin v. The United Kingdom, found that British laws defining sex according to a set of biological criteria applied at birth prevented trans people from enjoying the full spectrum of rights guaranteed by the European Convention of Human Rights. Barring individuals from changing their sex for legal purposes on official documents, such as birth certificates …


Divorcing Family Law From The Nation, Philomila Tsoukala Jan 2008

Divorcing Family Law From The Nation, Philomila Tsoukala

Studio for Law and Culture

This paper examines the contribution of law and legal narrative in the generation of national identities, using modern Greece as a case study. It explores how claims of family law continuity and unity in nineteenth century Greece became the main mode of arguing for the existence of a Greek people, culturally distinct from their Ottoman oppressors. I argue that far from embodying any truth about Greek family law, these legal historical narratives constituted a reconceptualization of social relations on the national basis giving content to the relatively new concept of the “Greek people”. These narratives also made possible and reflected …