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Full-Text Articles in Jurisprudence

Holmes And Dissent, Allen P. Mendenhall Nov 2011

Holmes And Dissent, Allen P. Mendenhall

Allen Mendenhall

Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …


Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson Apr 2011

Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


The Social Epistemology Of Public Institutions, Mathilde Cohen Dec 2010

The Social Epistemology Of Public Institutions, Mathilde Cohen

Mathilde Cohen

This article discusses what it means for a decision-maker to have a reason for a decision and to give that reason as a justification for the decision. Indeed, if the relationship is difficult to sort out at the individual, private level, it becomes even more complicated when we move to complex collective entities like public institutions. This is why we need to know under what conditions public institutions may 'have' reasons for their decisions. The article explores the hypothesis that proper ascriptions of reasons to institutions depend on whether they have formally adopted a common set of reasons. I contend …


Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo Dec 2010

Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo

Nick J. Sciullo

This article will demonstrate that although students of the law, legal scholars, and practitioners rely on a relatively narrow body of “legal scholarship,” there are in fact sundry diverse sources of legal thought that deserve to be evaluated along with currently accepted legal scholarship. It will present arguments in favor of appreciating music as a unique and important source of legal commentary through which we might understand how people relate to the law—what I have called “coming to the law.” It will demonstrate that music can be uniquely transgressive and presents a powerful alternative to what Michel Foucault called “scientific …


Zizek/Questions/Failing, Nick J. Sciullo Dec 2010

Zizek/Questions/Failing, Nick J. Sciullo

Nick J. Sciullo

In this article I am primarily concerned with presenting Slavoj Žižek3 as a legal theorist. Žižek has been a valuable contributor to critical theory and deserves a place in the pantheon of legal thinkers.

While his diverse writings are often relegated to other disciplines, they also position him as an important contributor to law and public discourse. I seek to illuminate how he mediates and interrogates the law by demonstrating how his scholarship is important to the lives of legal thinkers, questions of success and the law, capitalism, political practice, and terrorism. Because Žižek’s work is interdisciplinary and expansive, this …