The Fact of a Rumor: Anthony Trollope's The Eustace Diamonds

2007 ◽  
Vol 62 (1) ◽  
pp. 88-120 ◽  
Author(s):  
AYELET BEN-YISHAI
Keyword(s):  
Literary Realism ◽  
The Novel ◽  
Positive Law ◽  
Recent Scholarship ◽  
The Creation ◽  
The Law ◽  
Legal Fact

This essay joins recent scholarship on the epistemology of realist fiction by investigating the role of facts in the creation of fiction. Close scrutiny of Anthony Trollope's The Eustace Diamonds (1872) reveals several different processes of fact-making: legal ones as well as nonlegal communal endeavors such as rumor, gossip, and the regulation of propriety. The neat division whereby legal facts belong to the realm of the empirical and the facts of rumor belong to the communal does not hold in the novel, however: underneath the surface of almost any empirical and legal fact are traces and residues of a communal endeavor. The instability of facts and fact-making in the novel prompts a reconsideration of the epistemology of realist form and of novelistic probability: just how are fictional facts determined? Building on Irene Tucker's understanding of probability as a self-conscious reflection of the empirical, the essay argues that the ostensibly empirical epistemology of fictional probability is also a communal one. Moreover, the secular empirical rules of realism are not as stable——or empirical——as we have come to understand them. In the legal realm, this epistemological reconsideration shows how literary realism has drawn on the law not only to ground its famously empirical discourse but also to anchor novelistic truth in a communal endeavor. The Eustace Diamonds thus problematizes not only the production of fact in the novel but also the empiricist, positive-law tradition from which this concept emerged.

scholarly journals Emocionális nagyvárosi terek

2016 ◽  
Vol 55 (3-4) ◽  
Author(s):  
Éva Pataki
Keyword(s):  
Urban Spaces ◽  
Emotional States ◽  
The Novel ◽  
Literary Representation ◽  
Female Protagonist ◽  
The Creation

Investigating the literary representation of urban spaces and identities, my paper untangles the complex psychological and emotional relationship between the heroine and her beloved and hated cities in Sunetra Gupta’s The Glassblower’s Breath (1993). Drawing on Gernot Böhme’s (1993) theory of the atmospheric qualities of space, Steve Pile’s psychogeographical approach to reading cities, Walter Benjamin’s concept of phantasmagoria and various interpretations of fascination, the paper explores the creation of atmospheres in the novel and the role of fascination in the perception of London and Gupta’s female protagonist as phantasmagorias. I argue that – as urban imaginaries – the emotional fabric and atmosphere of the cities portrayed are as much created by their spaces and places, their inhabitants and visitors, as are manifested and formulated in emotional states of being, whether real or fictional, phantasmagoric or imaginary.

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

Politik Hukum Pengaturan Organisasi Sayap Partai Politik dalam Hukum Positif Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 17-32
Author(s):  
Putra Perdana Ahmad Saifulloh
Keyword(s):  
Political Parties ◽  
Significant Role ◽  
Research Method ◽  
The Political ◽  
Conceptual Approach ◽  
Positive Law ◽  
The People ◽  
The Law

This article aims to answers the problem of organizing the Political Parties Wings in Positive Law. This research used a normative juridical research method, with a statutory, historical, and conceptual approach. The result of this research shows that Legal Politics of the Wing of Political Parties in the Law on Political Parties in Indonesia is to strengthen political parties in carrying out broader articulation and aggregation of interests. As well as imparting significant role of political parties in carrying out their functions to connect with the people directly, especially in bridging and fighting for the people interests.

The Novel in the Era of Plessy

2019 ◽  
pp. 15-86
Author(s):  
Christine Holbo
Keyword(s):  
Henry James ◽  
Literary Analysis ◽  
Late Nineteenth Century ◽  
Literary Realism ◽  
Sentimental Novel ◽  
The Novel ◽  
Uncle Tom's Cabin ◽  
Literature And Philosophy ◽  
The Relationship

The transformation of literary realism in the late nineteenth century took place within the context of a categorical shift in American social epistemologies. The first chapter presents an interdisciplinary, generational portrait of this shift by examining a set of key texts from the years 1896–98 as summaries of the reconstruction of law, literature, and philosophy since the Civil War. Two important works by the James brothers, philosopher William James’s “The Sentiment of Rationality” and Henry James’s What Maisie Knew, demonstrate how the relationship between “sentiment” and “rationality” had been transformed. By attacking the nineteenth century’s trust in the emotions alongside its belief in a transcendent concept of reason, William and Henry James made a case for a new kind of moral imagination grounded in the uncertainty of the emotions and the unknowability of other selves. While the James brothers greeted the collapse of the sentimental paradigm as an emancipatory moment for individuals and for the novel itself, the lawyer and novelist Albion Tourgée saw it as imperiling the ability of Americans to speak, write, or think about freedom. Best known as Homer Plessy’s lawyer in Plessy v. Ferguson, Tourgée was also the most passionate defender of the emancipatory role of the sentimental novel. Exploring Tourgée’s opposition to pluralistic relativism in his brief on behalf of Homer Plessy and his literary analysis of Harriet Beecher Stowe’s Uncle Tom’s Cabin, this chapter explores the opposition between the Jameses’ celebratory vision of epistemological perspectivalism and Tourgée’s defense of sentimental reason.

Imagine That: A Barfieldian Reading of C.S. Lewis’s Till We Have Faces

2016 ◽  
Vol 6 (2) ◽  
pp. 79-111
Author(s):  
Jamie Hutchinson
Keyword(s):  
Creative Process ◽  
Spiritual Development ◽  
The Novel ◽  
Human Consciousness ◽  
Poetic Diction ◽  
The Creation ◽  
Cupid And Psyche

On more than one occasion, Owen Barfield expressed his admiration for C.S. Lewis's last novel, Till We Have Faces, singling it out as a work in which Lewis “really rises to the fullness of the mythopoeic imagination.” Barfield's praise of the novel's mythopoeia is understandable given his statements in Poetic Diction and The Rediscovery of Meaning concerning the literary artist and the creation of true myth. Lewis's own account of his creative process (the changes he felt impelled to make to the myth of Cupid and Psyche) further validates the novel's mythopoeic nature and identifies Lewis as a Barfieldian mythmaker. In addition, the novel appears to incorporate two of Barfield's fundamental theories: the purposive evolution of human consciousness and the epistemic validity of the imagination. As is well known, Lewis found himself unable to accept either theory. I would argue, however, that ‘mythopoeic Lewis' inclined toward ideas that ‘rational Lewis’ disavowed. Reading the novel with Barfield in mind suggests that it is both a fully realized instance of Lewis's mythopoeic imagination and a work that dramatizes the necessary role of imagination in humanity's ongoing spiritual development.

How Should Ethics Consultants Weigh the Law (and other Authoritative Directives)?

2020 ◽  
Vol 48 (4) ◽  
pp. 768-777
Author(s):  
Peter Koch
Keyword(s):  
Clinical Ethics ◽  
Institutional Setting ◽  
Ethical Standards ◽  
Legal Standards ◽  
Recent Scholarship ◽  
Exclusionary Reason ◽  
The Law ◽  
Normative Considerations

In the continuing debate about the role of the Clinical Ethics Consultant in performing clinical ethics consultations, it is often assumed that consultants should operate within ethical and legal standards. Recent scholarship has focused primarily on clarifying the consultant's role with respect to the ethical standards that serve as parameters of consulting. In the following, however, I wish to address the question of how the ethics consultant should weigh legal standards and, more broadly, how consultants might weigh authoritative directives, whether legal, institutional, or professional, against other normative considerations. I argue that consultants should reject the view that authoritative directives carry exclusionary reason for actions and, further, ethicists should interpret directives as lacking any moral weight qua authoritative directive. I then identify both implications and limitations of this view with respect to the evolving role of the ethics consultant in an institutional setting, and in doing so propose the kinds of considerations the ethicist should weigh when presented with an authoritative directive.

scholarly journals Aktualisasi Pancasila sebagai Sumber Hukum dalam Pembentukan Undang-Undang

2020 ◽  
Vol 3 (2) ◽  
pp. 377-407
Author(s):  
Arfa'i Arfa'i ◽  
Bahder Johan Nasution ◽  
Febrian Febrian
Keyword(s):  
Legal System ◽  
Vital Role ◽  
Positive Law ◽  
The Law

In the Indonesian legal system, Pancasila is the source of all sources of law, the basis of the national law, and functions as rechtsidee. With such a position, all positive laws should reflect and be in line with Pancasila values. This article aims at exploring how Pancasila values actualized in the legislation of law. This article demonstrates that despite the vital role of Pancasila as long the legislation of law  is concerned, there are no clear indicators and variables indicating that a law has reflected and been in line with Pancasila values. It is also found that there is no model or mechanism for testing whether the law which under legislation has been appropriate and conformed with Pancasila. The current indicators and variables are the ones set by the Agency for National Law Development (BPHN) and the Agency for Pancasila Ideology Education (BPIP), and are used to evaluate a positive law. In fact, they are not the ones intended to to evaluate a law which is currently in the level of legislation. This article argues that in order to actualize Pancasila values in the established law, indicators and variables regarding Pancasila values need to be regulated in a law. Besides, it is encouraged that the evaluation and testing mechanisms be implemented during legislation process. Abstrak Dalam sistem hukum Indonesia, Pancasila merupakan sumber dari segala sumber hukum, dasar hukum nasional, dan cita hukum. Dengan kedudukan yang demikian itu, maka sudah seharusnya semua hukum yang dibentuk mencerminkan atau selaras dengan nilai-nilai Pancasila. Artikel ini bermaksud menelusuri bagaimana nilai-nilai Pancasila diaktualisasi dalam pembentukan suatu undang-undang. Dalam artikel ini ditunjukkan, sekalipun Pancasila memiliki peran yang sangat penting bagi suatu undang-undang yang dibentuk, ternyata belum ada indikator dan variabel tentang undang-undang yang mencerminkan atau selaras dengan nilai-nilai Pancasila. Artikel ini juga menunjukkan, belum ada model atau mekanisme pengujian apakah undang-undang yang sedang dalam tahap pembentukannya telah sesuai dan selaras dengan Pancasila. Indikator dan variabel yang ada sejauh ini ialah yang ditetapkan oleh Badan Pembinaan Hukum Nasional dan Badan Pembinaan Ideologi Pancasila, dan digunakan untuk mengevaluasi suatu undang-undang yang telah berlaku, bukan yang sedang dalam tahap pembentukannya. Karena itu, agar nilai-nilai Pancasila semakin teraktualisasi dalam undang-undang yang dibentuk, maka indikator dan variabel tentang nilai-nilai Pancasila perlu diatur dalam undang-undang, dan mekanisme evaluasi dan pengujiannya perlu didorong agar dapat dilakukan pula pada saat undang-undang sedang dalam tahap pembentukannya.

scholarly journals Criminal Act of Sexual Gratification: Fiqh Jināyah and Positive Law Perspective

Al-Ahkam ◽  
2018 ◽  
Vol 18 (1) ◽  
pp. 97
Author(s):  
Nadea Lathifah Nugraheni
Keyword(s):  
Islamic Law ◽  
Government Regulations ◽  
Sexual Gratification ◽  
Public Facilities ◽  
Positive Law ◽  
Case Comparison ◽  
The Law ◽  
The Government ◽  
Role Of The Government

<p>This paper describes the concept of sexual gratification based on positive legal views in Indonesia and <em>fiqh jināyah</em>. This type of qualitative research with the method of collecting library data is also normative in looking at and approaching cases of sexual gratification. This study uses several approaches, including case, comparison, and conceptual approaches. The government has regulated the Law Number. 31 of 1999 which has been updated by Law Number. 20 of 2001 on combating corruption. Moreover, it is stated in Article 12 B that explains matters including gratuities, such as money, goods, commissions, checks, travel tickets and other public facilities. Basically, the sanction of sexual gratification has fulfilled government regulations but has not yet been applied. Thus, it is necessary to reform the law of sexual gratification in Indonesia. The theory of Mukhtalath in Islamic law can be an alternative solution to cases of sexual gratification. The synchronicity of the role of the government and the clear rules and regulations relating to cases of sexual gratuity are urgently needed to achieve justice and legal validity.</p><p class="IABSSS" align="center">[]</p><p>Tulisan ini mendeskripsikan konsep gratifikasi seksual berdasarkan pandangan hukum positif di Indonesia dan <em>fiqh jināyah</em>. Penelitian ini berjenis kualitatif dengan metode pengumpulan data kepustakaan juga bersifat normatif dalam memandang dan melakukan pendekatan terhadap kasus gratifikasi seksual. Penelitian ini menggunakan beberapa pendekatan, diantaranya pendekatan kasus, perbandingan dan konseptual. Pemerintah telah mengatur UU Nomor. 31 Tahun 1999 yang telah diperbaharui oleh UU Nomor. 20 tahun 2001 tentang pemberantasan korupsi. Terlebih tercantum dalam pasal 12 B yang menjelaskan hal-hal yang termasuk gratifikasi, seperti, uang, barang, komisi, check, tiket perjalanan dan fasilitas umum lainya. Pada dasarnya sanksi gratifikasi seksual telah memenuhi aturan pemerintah, akan tetapi belum diaplikasikan. Dengan demikian perlu pembaharuan terhadap hukum gratifikasi seksual di Indonesia. Teori tentang Mukhtalath dalam hukum islam dapat menjadi alternatif solusi akan kasus gratifikasi seksual. sinkronisitas peran pemerintah dan jelasnya aturan perundang-undangan terkait kasus gratifikasi seksual sangat dibutuhkan demi tercapainya keadilan dan keabsahan hukum.</p>

scholarly journals The value of legal facts in the mechanism of the penal regulation

2019 ◽  
Vol 13 (1) ◽  
pp. 102-110
Author(s):  
E. E. Novikov ◽  
Keyword(s):  
Social Relations ◽  
Practical Application ◽  
Legal Relationship ◽  
Legal Effect ◽  
Penal Law ◽  
The Law ◽  
The Moment ◽  
Legal Fact

The article is devoted to the study of the role of legal facts in the mechanism of the penal regulation. In the process of analyzing the legal facts contained in the penal legislation the following conclusions were formulated that deserve attention: – the norms of the penal law being one of the main elements of the system of the mechanism of the penal regulation are brought into the sphere of their practical application by legal facts. The absence of a legal fact, if there are sufficient grounds for the application of the prescription, suggests that the rule laid down in the law will be “problematic” or in some cases “dead”; – the mechanism of the penal regulation contains two groups of legal facts. The first group (main) of legal facts influences the penal law relations, which the mechanism in question directly regulates. The second group (special) of legal facts forms social relations, which the mechanism under study does not regulate, but has a legal effect; – the existence and liquidation of the mechanism of the penal regulation depends only on two types of legal facts: the first determines the launch of the mechanism of the penal regulation, giving rise to general penal relations, and the second, freeing the convict from serving the sentence, stops the action of the system of legal means in question. All other types of legal facts only change, transform the mechanism of the penal regulation; – the moment of generation by a legal fact of general legal relationship does not always coincide with the moment of launching the mechanism of the penal regulation. In other words a penal relationship can be created, but the mechanism starts later; – the system of legal means that form the mechanism of the penal regulation consists of legal facts that are not fixed in the norms of the penal legislation, but are necessary to achieve its goals. We are talking about individual acts of the participants of the penal relations.

scholarly journals Dedication to law and justice

1999 ◽  
Vol 71 (12) ◽  
pp. 451-459
Author(s):  
Kosta Čavoški
Keyword(s):  
Moral Obligation ◽  
Current Practice ◽  
Direct Application ◽  
Short Survey ◽  
The Creation ◽  
The Law ◽  
Law And Justice

The author gives a short survey of the role of lawyers in the creation, interpretation and defense of law. Then, he marks dedication to law and justice as a fundamental quality of a lawyer. He points out examples of departure front this quality in the latest history and current practice of the Yugoslav judiciary, but also examples of its affirmation and resistance to attempted abuse of court by individual members of the law profession. The author also analyzes the problem of incongruity of the old and repressive provisions of certain laws with liberal provisions of the Constitution and advocates a direct application of the Constitution, which is, according to him, a legal and moral obligation of a judge.

Sign in / Sign up

Export Citation Format

Share Document