Law and Critique
Công bố khoa học tiêu biểu
* Dữ liệu chỉ mang tính chất tham khảo
Sắp xếp:
Narrative, Rhetorical Argument, and Ethical Authority
Law and Critique - Tập 10 - Trang 117-146 - 1999
The great challenge of rhetorical argument is to make discourse ethical without making it less logical. This challenge is of central importance throughout the full range of practical argument, and understanding the relation of the ethical to the logical is one of the principal contributions the humanities, in this case the study of rhetoric, can make to legal scholarship. Aristotle’s Rhetoric show......
A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project⋆
Law and Critique - Tập 19 - Trang 235-253 - 2008
This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of ......
Experimenting with Law: Brecht on Copyright
Law and Critique - - 2020
Can one reject copyright law and be a qualified observer of its dispositives? This question was taken up by Bertolt Brecht in an intriguing essay concerning the litigation surrounding the film adaptation of The Threepenny Opera (1928). Brecht here develops an experimental observation around the nature of film adaptation and cultural production in copyright. While an experimental approach to law wa......
No Such Thing as Free Speech? Performativity, Free Speech, and Academic Freedom in the UK
Law and Critique - - Trang 1-19 - 2024
The relationship between academic freedom and freedom of speech features prominently in public and political discussions concerning the role of universities in Western liberal democracies. Recently, these debates have attracted increased attention, owing in part to media framing of a ‘free speech crisis’, especially in UK and US universities. One type of response is to regulate academic expression......
Modern Constitutional Legitimacy and Political Theology: Schmitt, Peterson and Blumenberg
Law and Critique - Tập 30 - Trang 67-89 - 2018
In this article, an important set of general themes will be examined in relation to the ongoing problematization of the legitimacy of modern constitutionalism within a body of work that largely draws on Carl Schmitt’s political theology. In particular, however, the themes discussed in this article will focus on the later, post-war stages of his work contained in the brief, but dense volume entitle......
Speaking the City: Punishment, Performance and the Perception of London’s Public Space 1780--1840
Law and Critique - Tập 16 - Trang 231-254 - 2005
The paper contends that in order to understand the role of punishment within the Georgian city we must challenge our own perceptions of space. A key difference I suggest between the Georgian and the modern city was that in the former most of the city space had yet to become functionally specialised. The competing demands placed upon it had not yet been, in the main, resolved by municipal authoriti......
Finding cover: Legal trauma and how to take care of it
Law and Critique - Tập 15 - Trang 139-158 - 2004
As law originates in violence, it is always haunted by its constitutive trauma. Recourse to law's origin, which is implicitly or explicitly sought in (constitutional) adjudication, thus requires a way to deal with law's trauma. What is needed is a cover, to be provided through (legal) interpretation. Four such interpretive ‘cover up’ operations, all necessarily somewhat duplicitous, are discussed.......
Tổng số: 425
- 1
- 2
- 3
- 4
- 5
- 6
- 10