Blackstone’s Long Tail

2019 ◽  
pp. 147-182
Author(s):  
Kathryn D. Temple
Keyword(s):  
Common Law ◽  
The Novel ◽  
Racial Justice ◽  
Long Tail ◽  
Slow Change ◽  
To Kill A Mockingbird ◽  
False Sense ◽  
Fundamental Value

This chapter returns to the idea of harmonic justice, suggesting its association with tyranny, an association formally legible in intolerance for deviations from form. The happiness it promises is undone by Blackstone's ambivalent and shifting position on slavery and the uses his text served in America. Blackstone's reach is demonstrated through a reading of Harper Lee's To Kill a Mockingbird, where the children of enslaved people learn to read from the Commentaries as Lee celebrates Blackstone's claims for liberty as a fundamental value of the English common law. But the irony inherent in this argument is as cruel as the cruel optimism Blackstone inspired. The novel inspires not racial justice, but complacent acceptance of glacially slow change, in which gradualism cloaks the most brutal racism. Difference here is represented as deformity and deformity is erased by the end of the novel, replaced with a false sense of ease and comfort.

TRANSLATION SHIFT IN THE TRANSLATED NOVEL OF “TO KILL A MOCKINGBIRD” BY FEMMY SYAHRIANNI

LINGUISTICA ◽  
2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Dian Sukma Lestari And Zainuddin
Keyword(s):  
Data Analysis ◽  
Qualitative Method ◽  
Target Language ◽  
The Novel ◽  
Data Display ◽  
Source Language ◽  
To Kill A Mockingbird

The aim of this study were to find out category shift types used in thetranslation of novel To Kill A Bird and to describe of how category shift is translatedin the novel from English into Indonesian. This study were conducted by usingdescriptive qualitative method. The data of the study were words, phrases, andclauses in the novel To Kill A Mockingbird which is translated into Indonesian byFemmy Syahrianni. It was found that there were 280 data in the novel from Englishinto Indonesian. The data analysis were taken by listing and bolding. Documentarysheets used as the instrument to collect the data. The data were analyzed based onMiles and Huberman (2014) by condensation which consists of selecting, focusing,simplifying, abstracting and transforming and then data display by using table inorder to get easy analyzing the data. The result of this study were (1) there were fourtypes of category shifts found in the novel To Kill a Mockingbird namely; structureshifts (36.78%), class shift (27.14%), unit shift (32.5%) and intra-system shift(3.27%). (2) The process of category shifts in the translation novel by havingmodifier-head in source language changed into head-modifier in target language,adverb in source language changed into verb in target language, one unit in sourcelanguage changed into some units in target language. and plural in source languagechanged into singular in target language.

scholarly journals Privacy, Corrective Justice, and Incrementalism: Legal Imagination and the Recognition of a Privacy Tort in Ontario

2013 ◽  
Vol 59 (1) ◽  
pp. 49-94 ◽  
Author(s):  
Thomas DC Bennett
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Corrective Justice ◽  
Judicial Activism ◽  
The Novel ◽  
Incremental Development ◽  
Privacy Laws ◽  
The Law ◽  
Court Of Appeal

This article considers the nature of common law development as exemplified by the recent privacy case of Jones v. Tsige. The author focuses on Jones, in which the Ontario Court of Appeal recognized the novel privacy tort of “intrusion upon seclusion”. Using a detailed analysis of the case as its basis, the article explores issues which have much wider significance for the judicial development of privacy laws: the process of incremental elaboration of the law, the moral impulses at work within it, and the relevance of imagination to its operations. By drawing out these discrete issues and analyzing the role that each plays in Jones, the article offers a framework for examining such questions in future privacy cases. Moreover, this article argues that the judgment in Jones brings valuable clarity to the analysis of the process of common law development. In particular, the essay concludes that the novel privacy tort recognized in Jones is the result of a legitimate incremental development rather than an instance of undue judicial activism.

scholarly journals The condition of recognition: Gothic intimations in Andrew McGahan's The White Earth

2016 ◽  
Vol 23 (1) ◽  
pp. 84-94
Author(s):  
Stephanie Green
Keyword(s):  
Common Law ◽  
Place Identity ◽  
Literary Fiction ◽  
The Novel ◽  
Native Title ◽  
Post Colonial ◽  
Terra Nullius ◽  
Rational Explanation ◽  
Historical Moment ◽  
White Earth

AbstractThis article discusses the evocation of the Gothic as a narrative interrogation of the intersections between place, identity and power in Andrew McGahan's The White Earth (2004). The novel deploys common techniques of Gothic literary fiction to create a sense of disassociation from the grip of a European colonial sensibility. It achieves this in various ways, including by representing its central architectural figure of colonial dominance, Kuran House, as an emblem of aristocratic pastoral decline, then by invoking intimations of an ancient supernatural presence which intercedes in the linear descent of colonial possession and, ultimately, by providing a rational explanation for the novel's events. The White Earth further demonstrates the inherently adaptive qualities of Gothic narrative technique as a means of confronting the limits to white belonging in post-colonial Australia by referencing a key historical moment, the 1992 Mabo judgment, which rejected the concept of terra nullius and recognised native title under Australian common law. At once discursive and performative, the sustained way in which the work employs the tropic power of Gothic anxiety serves to reveal the uncertain terms in which its characters negotiate what it means to be Australian, more than 200 years after colonial invasion.

Long tail fibres of the novel broad-host-range T-even bacteriophage S16 specifically recognizeSalmonellaOmpC

2013 ◽  
Vol 87 (4) ◽  
pp. 818-834 ◽  
Author(s):  
Roger Marti ◽  
Katrin Zurfluh ◽  
Steven Hagens ◽  
Jasmin Pianezzi ◽  
Jochen Klumpp ◽  
...  
Keyword(s):  
Host Range ◽  
Broad Host Range ◽  
The Novel ◽  
Long Tail

scholarly journals Et Tu, Atticus!: The Hero of "To Kill a Mockingbird" and the Cold War

2021 ◽  
Vol 8 (1) ◽  
pp. 21-33
Author(s):  
Akiyoshi Suzuki
Keyword(s):  
Cold War ◽  
American South ◽  
Social Attitudes ◽  
The Novel ◽  
New Yorker ◽  
The Poor ◽  
To Kill A Mockingbird ◽  
Poor White ◽  
The American South ◽  
The Cold War

Against the background of the Cold War, this article rethinks the novel (1960) and film (1962) To Kill a Mockingbird, more specifically Atticus Finch’s characterization as the courageous, unblemished defender of an unjustly accused black man in the American South. Because of Atticus’s unrelenting efforts to exonerate Tom Robinson, he has been proclaimed the 20th century’s greatest American movie hero. At a closer look, however, it turns out that, while Atticus fights hard for Tom, he nevertheless, and as a matter of course, abandons the investigation into the stabbing death of Bob Ewell, a poor white man and Tom’s accuser. The New Yorker magazine noted this conflict in the movie. So, it begs the question: from what social attitudes does this broad-spectrum admiration for Atticus emerge? This article proposes an answer: it originates in identity-centrism, an attitude that underlies United States ideology during the Cold War era and results, specifically, in a total disregard for the poor. In other words, To Kill a Mockingbird is not a closed-ended novel of good versus evil, but an open-ended work that raises a troubling question about diversity.

scholarly journals The Legality of Doctrine of Frustration in the Realm of Covid-19 Pandemic

2020 ◽  
Vol 3 (2) ◽  
pp. 84-90
Author(s):  
Sheela Jayabalan
Keyword(s):  
Common Law ◽  
Contract Law ◽  
The Novel ◽  
European Contract ◽  
Force Majeure ◽  
The Common ◽  
Potential Impact ◽  
Novel Coronavirus ◽  
European Contract Law

The outbreak of the novel coronavirus (“COVID-19-Outbreak”) has a potential impact in the performance of a contract.  If a contract does not contain a force majeure clause, a contracting party may look to the common law doctrine of frustration to relieve it from its obligations.  Unlike force majeure clauses which focuses on the parties' express intention on how to deal with supervening events, frustration is implied by law and thus would only be considered in the absence of an express force majeure clause. In Malaysia, the doctrine of frustration is codified in section 57(2) of the Contracts Act 1957. A doctrinal analogy of the doctrine of frustration and section 57 of the Contracts Act 1950 indicates a pandemic such as the covid-19 would not frustrate a contract. Force majeure clause should be used as a protective tool to prevent losses to the contracting parties or alternatively the Principles of European Contract Law and the Unidroit Principles that make provisions for hardship as well as force majeure should be implemented.   

Developing the Jurisprudence of Constitutional Remedies for Breach of Fundamental Rights in South Africa: An Analysis of Hoffman and Related Cases

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Novel ◽  
Labour Law

In order to accomplish its objectives of extensively regulating rights and obligations, the 1996 Constitution of South Africa similarly provides for the enforcement of those rights by the courts. In turn, it has, in the said enforcement provisions, invested in the courts enormous discretionary powers to enable them to effectively deal with breaches of the entrenched fundamental rights as well as all constitutional rights violations. That the Constitutional Court has purposefully interpreted and made optimum use of the expressions: ‘appropriate relief’ and ‘just and equitable’ order in developing the constitutional remedies jurisprudence is crystal clear from a wealth of available case law. It is also not in doubt that the contributions of Justice Ngcobo (later Chief Justice) in this regard are intellectually gratifying. This presentation singles out for discussion and analysis the judgment of Ngcobo J in Hoffman v South African Airways 2001 (1) SA 1 (CC) which not only typifies judicial activism at its acme; it has also introduced into the South African public and labour laws, the novel remedy of ‘instatement.’ Apparently drawn from the analogy of the labour law remedy of reinstatement, ‘instatement’ is akin to the remedy of mandamus in public law, and specific performance in the law of contract. This article moves from the premise that this innovation is one of its kind in contemporary common law jurisprudence and one which courts in the common law jurisdictions world would no doubt emulate one fine day.

Emotions, Power and Popular Opinion about the Administration of Justice: The English Experience, from Coke’s ‘Artificial Reason’ to the Sensibility of ‘True Crime Stories’

2017 ◽  
Vol 1 (1) ◽  
pp. 59-90
Author(s):  
David Lemmings
Keyword(s):  
Eighteenth Century ◽  
Criminal Justice ◽  
Early Modern ◽  
Common Law ◽  
Emotional Engagement ◽  
The Novel ◽  
Grass Roots ◽  
Administration Of Justice ◽  
The Common ◽  
True Crime

This article discusses emotions and power in the administration and representation of criminal justice in early modern England. In the early seventeenth century, professional lawyers insisted that only they were competent to understand the ‘artificial reason’ of the common law; and lay opinion was associated with unreliable emotional engagement with the protagonists in trials. ‘Popular jurisprudence’ received renewed impetus from the post-Reformation emphasis on conscience and divine providence, however, and this kind of common sense interpretation often featured in popular accounts of law proceedings. Moreover, the ‘low law’ administered at grass roots level by JPs was less professionalised because most magistrates were not lawyers. The development of popular and emotional jurisprudence is demonstrated in the eighteenth century by analysis of judges’ charges, popular novels, and the reportage of ‘true crime’. Ultimately, and despite further ‘lawyerisation’ of trials, this article argues that the rise of the novel and increased press reporting of criminal justice generated more vicarious engagement with the administration of justice. And this was emotional engagement: eighteenth-century popular jurisprudence represented justice as variously awesome, theatrical and unreasonably oppressive.

The Satanic Verses and the State (II)

2020 ◽  
pp. 132-153
Author(s):  
Asha Rogers
Keyword(s):  
Church Of England ◽  
Common Law ◽  
The State ◽  
The Novel ◽  
British India ◽  
Legal Cases ◽  
Satanic Verses ◽  
The Uk ◽  
The Cold War ◽  
The Church

This second chapter on The Satanic Verses considers the collision between the novel’s anti-statist energies and Rushdie’s increasing dependency on the Thatcher government after the fatwa, an unlikely custodian of literary freedom at the end of the Cold War. It then turns to the precise ways the state offered Rushdie protection, focusing on the anachronistic stipulations in English common law restricting the crime of blasphemy to the Church of England debated in the legal cases against the novel in the UK and in Europe. The second half revisits the secular foundations of the British legal system, considering the alternative stance on free expression in diverse societies adopted in British India and Bhikhu Parekh’s communitarian alternative to the individualism of British liberalism.

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