New Directions in Law and Literature

After the heyday of the law and literature movement in the 1970s and 1980s, many wondered whether it would retain vitality and influence. Yet in recent years, scholarship in law and literature continues to flourish, broadening into a number of new directions. This collection of essays by twenty-two prominent scholars from literature departments as well as law schools showcases the vibrancy of recent work in the field, at the same time as it takes stock of many of the new directions shaping the interdiscipline. In so doing, New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the innovative methodological approaches that helped to enlarge the field; among these are concern for globalization, the integration of insights from history and political theory, the application of new theoretical models from affect studies and queer theory, and the expansion of study beyond the text to performance and the image. Other essays instead grapple with particular intersections between law and literature, whether in copyright law, or competing visions of alternatives to marriage, or the role of ornament in the law’s construction of racialized bodies. Together, the essays in this volume offer a diverse, evolving portrait of the wide variety of work in law and literature, and in the process they likewise chart new lines of inquiry that beginning scholars might pursue.

Author(s):  
Elizabeth S. Anker ◽  
Bernadette Meyler

While law and literature represents one of the most enduring sites of interdisciplinary inquiry, the field has recently expanded in a wide range of exciting new directions. Since its inception, law and literature has inspired taxonomies of the field, and the Introduction evaluates the limits and merits of those existing categorical schemes. It assesses frequent critiques of law and literature, while developing a framework for conceptualizing the many methodological and other innovations transforming the field. In particular, it emphasizes five new directions, considering the influence of history and political theory, efforts to globalize the field, the broadening of focus beyond legal texts along with changes in legal hermeneutics, attempts to transcend suspicion and critique, and new work on the imagination.


2017 ◽  
Vol 38 (1) ◽  
pp. 55-62 ◽  
Author(s):  
Jeffrey H. Kahn ◽  
Daniel W. Cox ◽  
A. Myfanwy Bakker ◽  
Julia I. O’Loughlin ◽  
Agnieszka M. Kotlarczyk

Abstract. The benefits of talking with others about unpleasant emotions have been thoroughly investigated, but individual differences in distress disclosure tendencies have not been adequately integrated within theoretical models of emotion. The purpose of this laboratory research was to determine whether distress disclosure tendencies stem from differences in emotional reactivity or differences in emotion regulation. After completing measures of distress disclosure tendencies, social desirability, and positive and negative affect, 84 participants (74% women) were video recorded while viewing a sadness-inducing film clip. Participants completed post-film measures of affect and were then interviewed about their reactions to the film; these interviews were audio recorded for later coding and computerized text analysis. Distress disclosure tendencies were not predictive of the subjective experience of emotion, but they were positively related to facial expressions of sadness and happiness. Distress disclosure tendencies also predicted judges’ ratings of the verbal disclosure of emotion during the interview, but self-reported disclosure and use of positive and negative emotion words were not associated with distress disclosure tendencies. The authors present implications of this research for integrating individual differences in distress disclosure with models of emotion.


Author(s):  
Ruth Kinna

This book is designed to remove Peter Kropotkin from the framework of classical anarchism. By focusing attention on his theory of mutual aid, it argues that the classical framing distorts Kropotkin's political theory by associating it with a narrowly positivistic conception of science, a naively optimistic idea of human nature and a millenarian idea of revolution. Kropotkin's abiding concern with Russian revolutionary politics is the lens for this analysis. The argument is that his engagement with nihilism shaped his conception of science and that his expeditions in Siberia underpinned an approach to social analysis that was rooted in geography. Looking at Kropotkin's relationship with Elisée Reclus and Erico Malatesta and examining his critical appreciation of P-J. Proudhon, Michael Bakunin and Max Stirner, the study shows how he understood anarchist traditions and reveals the special character of his anarchist communism. His idea of the state as a colonising process and his contention that exploitation and oppression operate in global contexts is a key feature of this. Kropotkin's views about the role of theory in revolutionary practice show how he developed this critique of the state and capitalism to advance an idea of political change that combined the building of non-state alternatives through direct action and wilful disobedience. Against critics who argue that Kropotkin betrayed these principles in 1914, the book suggests that this controversial decision was consistent with his anarchism and that it reflected his judgment about the prospects of anarchistic revolution in Russia.


1970 ◽  
Vol 8 (1) ◽  
pp. 22-30
Author(s):  
Анжеліка Шамне

У статті розглянуто сучасні підходи до інтерпретації категорії розвитку, розкрито теоретичні  та методологічні підходи до вивчення категорії розвитку у сучасній психології, визначено її психологічний  зміст,   моделі,   структуру   та   динаміку.   Категорія   розвитку   розглядається   як   епіцентр   наукової  проблематики у психології та як поняття інтегративного типу. Розвиток проаналізовано як категорію,  явище і проблему психології розвитку в різних аспектах аналізу. Розглянуто місце розвитку в системі  споріднених психологічних понять. У статті також аналізуються психологічні аспекти теоретичних та  методологічних  постнекласичних  тенденцій  вивчення  природи,  характеру  та  визначення  психічного  розвитку. Постнекласична парадигма та плюралістична методологія пізнання визначають розмитість  дисциплінарної мови  та  врахування  ролі  соціокультурного  контексту  при  вивченні  психологічних явищ.  Важливими тенденціями сучасного теоретико-методологічного стану психологічних досліджень розвитку  також є визнання неефективності моністичного підходу до його вивчення, взаємозв'язок теоретичних ідей  та   спроби   створення   метатеоретичних   схем,   постнекласичне   розуміння   розвитку   як   принципово  незавершеного   процесу   саморуху,   актуалізація   антропологічного   діапазону   проблем   та   посилення  спрямованості на роль культурного контексту в дослідженні розвитку людини.  The article deals with the modern approaches to the interpretation of the category of development, reveals  the theoretical and methodological approaches to study of development in modern psychology, its psychological  content, patterns, structure and dynamics. Category of development is viewed as an epicenter of scientific issues in  modern  psychology  and  the  concept  of  the  integrative  type.  Category  of  development  is  considered  as  the  phenomenon  and  the  problem  of  developmental  psychology  in  various  aspects  of  the  analysis.  Analyzed  the  development site in the related psychological concepts. The article analyzes the psychological aspects of theoretical  and methodological postnonclassical contemporary trends in the study of nature, character, and determination of  mental  development.  Postnonclassical  paradigm  and  pluralistic  methodology  of  knowledge  determine  the  disciplinary blurring and increase of the role of the analysis of socio-cultural context in the study of psychological  phenomenon. The important tendencies of modern theoretical and methodological state of psychological researches  of development are facts of inefficiency of the monistic approach to its study, interconnection of theoretical ideas  and   attempts   of  creating   metatheoretical   schemes,   postnonclassical   understanding   of   development   as   a  fundamentally  uncompleted  process  of  self-motion,  actualization  of  anthropological  range  of  problems  and  strengthening of focus on the role of cultural context in research of human development.   


e-Finanse ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 67-76
Author(s):  
Piotr Bartkiewicz

AbstractThe article presents the results of the review of the empirical literature regarding the impact of quantitative easing (QE) on emerging markets (EMs). The subject is of interest to policymakers and researchers due to the increasingly larger role of EMs in the world economy and the large-scale capital flows occurring after 2009. The review is conducted in a systematic manner and takes into consideration different methodological choices, samples and measurement issues. The paper puts the summarized results in the context of transmission channels identified in the literature. There are few distinct methodological approaches present in the literature. While there is a consensus regarding the direction of the impact of QE on EMs, its size and durability have not yet been assessed with sufficient precision. In addition, there are clear gaps in the empirical findings, not least related to relative underrepresentation of the CEE region (in particular, Poland).


2019 ◽  
Author(s):  
Christopher Michael Kavanagh ◽  
Susilo Wibisono ◽  
Rohan Kapitány ◽  
Whinda Yustisia ◽  
Idhamsyah Eka Putra ◽  
...  

Indonesia is the most populous Islamic country and as such is host to a diverse range of Islamic beliefs and practices. Here we examine how the diversity of beliefs and practices among Indonesian Muslims relates to group bonding and parochialism. In particular, we examine the predictive power of two distinct types of group alignment, group identification and identity fusion, among individuals from three Sunni politico-religious groups - a fundamentalist group (PKS), a moderate group (NU), and a control sample of politically unaffiliated citizens. Fundamentalists were more fused to targets than moderates or citizens, but contrary to fusion theory, we found across all groups, that group identification (not fusion) better predicted parochialism, including willingness to carry out extreme pro-group actions. We discuss how religious beliefs and practice impact parochial attitudes, as well as the implications for theoretical models linking fusion to extreme behaviour.


2018 ◽  
Vol 2 (2) ◽  
pp. 86-91
Author(s):  
Sally Engle Merry

This provocative question became the basis for a spirited discussion at the 2017 meeting of the American Anthropological Association. My first reaction, on hearing the question, was to ask, does anthropology care whether it matters to law? As a discipline, anthropology and the anthropology of law are producing excellent scholarship and have an active scholarly life. But in response to this forum’s provocation article, which clearly outlines the lack of courses on law and anthropology in law schools, I decided that the relevant question was, why doesn’t anthropology matter more to law than it does? The particular, most serious concern appears to be, why are there not more law and anthropology courses being offered in law schools? It is increasingly common for law faculty in the United States to have PhDs as well as JDs, so why are there so few anthropology/law PhD/JD faculty? Moreover, as there is growing consensus that law schools instil a certain way of thinking but lack preparation for the practice of law in reality and there is an explosion of interest in clinical legal training, why does this educational turn fail to provide a new role of legal anthropology, which focuses on the practice of law, in clinical legal training?


Author(s):  
Sara Brill

Aristotle on the Concept of Shared Life studies Aristotle’s understanding of the political character of human intimacy via an examination of the zoological frame informing his political theory. It argues that the concept of shared life, i.e. the forms of intimacy that arise from the possession of logos and the capacity for choice, is central to human political partnership, and serves to locate that life within the broader context of living beings as such, where it emerges as an intensification of animal sociality. As such it challenges a long-standing approach to the role of the animal in Aristotle’s thought, and to the recent reception of Aristotle’s thinking about the political valence of life and living beings.


Author(s):  
Geoffrey Parsons Miller

This chapter explores the thesis that the historical narratives of the Hebrew Bible address abstract ideas about politics, government, and law. Taking issue with critics who view the Bible’s spiritual and theological message as incommensurable with political philosophy, the chapter argues that the stories of politics and kingship in the Hebrew Bible’s historical books set forth set forth an impressive political theory that rivals, in some respects, the work of Plato, Aristotle, and other Greek thinkers. The key is to bring out the general ideas behind the specific narrative elements. The chapter illustrates this thesis by examining the Hebrew Bible’s treatment of a number of classic problems of political theory: anarchy, obligation and sovereignty, distributive justice, and the comparative analysis of political organizations.


2019 ◽  
Vol 11 (2) ◽  
pp. 324-333
Author(s):  
Tobias Kelly

Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.


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