Jurisprudence Commons^™

Stephenmfeldmanpostmodern.Pdf, Stephen M. Feldman

Stephen M. Feldman

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko

Dr. Rafał Mańko

After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …

Children's Oppression, Rights And Liberation, Samantha Godwin

Samantha Godwin

This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and …