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Articles 1 - 5 of 5
Full-Text Articles in Law
Judging Genocide In Rwanda: Lay Judges And Mass Prosecutions In Local Courts, Chakravarty Chakravarty
Judging Genocide In Rwanda: Lay Judges And Mass Prosecutions In Local Courts, Chakravarty Chakravarty
Studio for Law and Culture
The motivations, attitudes and behaviors of the quarter million lay judges who ran the mass prosecutions for genocide is a curiously under-studied topic in the growing literature on the local gacaca courts in Rwanda. The state would have failed to prosecute thousands of citizens without the cooperation of these judges. Yet this post-genocide Tutsi-dominated authoritarian state allowed these courts to run more or less independently and left this all-important task in the hands of lay judges. The judges too volunteered to work without compensation. Who were the judges? Why did they agree to take on the social and economic risks …
“Wife Beating” And “Uninvited Kisses” In The Supreme Court And Society In The Early Twentieth Century, Elizabeth Katz
“Wife Beating” And “Uninvited Kisses” In The Supreme Court And Society In The Early Twentieth Century, Elizabeth Katz
Studio for Law and Culture
This paper challenges the conventional narrative that domestic violence victims were ignored by both law and society in the early 1900s. It begins by questioning the dominant position a single Supreme Court tort case, Thompson v. Thompson, holds in the domestic violence discourse. Far from being a strong or unified statement in favor of family privacy or against battered women’s legal rights, the case was decided by a four-Justice majority that pointed victims toward two very public alternative remedies: divorces with alimony and criminal prosecutions. The paper then proceeds to evaluate whether these proffered remedies were available and sufficient. …
Cultural Culprits, Michelle Mckinley
Cultural Culprits, Michelle Mckinley
Studio for Law and Culture
This paper draws from a longer Article that examines questions of agency, victimization, and cultural essentialism in U.S. asylum adjudication and cultural defense cases specifically, and in international human rights law more broadly. I explore the adjudication of FGC asylum claims based on cultural persecution” that encode a racialized view of culture. I describe the historical trajectory of contemporary FGC claims through a detailed analysis of colonial anti-excision campaigns. I compare early 19th century anti-excision campaigns with contemporary maternal imperialism, as international law, UN agencies, and international financial institutions became more responsive to feminist concerns about eradicating FGC. Throughout the …
A Woman’S Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan
A Woman’S Right To Be Spanked: Testing The Limits Of Tolerance Of S/M In The Socio-Legal Imaginary, Ummni Khan
Studio for Law and Culture
What conditions must be in place for s/m sexuality to be tolerated in law and culture? In this article, I consider the film Secretary as a lens to explore the imaginative limits of our socio-legal culture regarding sadomasochism. In Part One, I compare Secretary to the film 9 ½ weeks. I deconstruct the narrative and aesthetic components of the two films that uphold their contrasting normative visions, arguing that Secretary did indeed chart new ground for the sadomasochist sexual subject. Yet, a close discursive analysis reveals that the narrative relied upon other hegemonies to make the s/m couple acceptable and …
Recognizing Victimhood, Christine Wilke
Recognizing Victimhood, Christine Wilke
Studio for Law and Culture
The category of victimhood resonates deeply with many contemporary struggles for recognition without, however, receiving similar attention by political theories of recognition. Many “struggles for recognition” are fought with explicit reference to massive injustice that have ceased without having been publicly recognized as injustices. The state responses to claims for the recognition of victimhood mirror, I will argue, the state’s dominant conceptions of justice and injustice. In many cases, the state affirms its conceptions of injustice and moral innocence through the selective recognition of victims. For example, the U.S. government has granted Japanese-Americans interned during the Second World War an …