Tympan Alley: Posthumanist Performatives in Dancer in the Dark

Derrida Today ◽  
2013 ◽  
Vol 6 (2) ◽  
pp. 222-239
Author(s):  
Lynn Turner
Keyword(s):  
General Condition ◽  
Death Sentence ◽  
Late Work ◽  
The Law ◽  
Animal Question

While it is Derrida's late work on the ‘animal question’ that brought his insistence on limitrophy between species to wider attention, it is also named as the general condition of the limits in the much earlier text, ‘Tympan’. There, in dislocating the tympanum, the margins of philosophy are eaten. Equally, given the rhythmic address of the tympanum, we might say that the margins of philosophy are beaten. This paper considers the persistent play on rhythmic sounds in Lars von Trier's Dancer in the Dark as a ‘tympanising’ or derision of the limits, notably of the limits of the law in both juridical and symbolic senses, as they also work the edges of the film's two styles (broadly, realism and musical). In a provocative analysis of this film, Cary Wolfe suggests that we might understand Selma's vocal style (given singular expression by Bjork) as a refusal of the phallic imposition of language, and that her virtually suicidal submission to the death sentence allows for a notion of a ‘posthuman feminine’. ‘Tympan Alley’ redirects this tantalising term ‘posthuman feminine’ through a more consistently Derridean line of thought to sound out the implications of b/eating the limits through Selma's oblique ear.

scholarly journals KEDUDUKAN DAN URGENSI HUKUMAN MATI TERHADAP PENANGGULANGAN PENGEDARAN NARKOTIKA DI INDONESIA DAN SEJUMLAH NEGARA DI DUNIA

2020 ◽  
Vol 9 (2) ◽  
pp. 155
Author(s):  
Zainul Arifin
Keyword(s):  
Human Rights ◽  
Young People ◽  
Death Penalty ◽  
Death Sentence ◽  
Legal Study ◽  
Life Sentence ◽  
The Law ◽  
The Right

Kedudukan hukuman mati terhadap pengedaran narkotika di Indonesia  sebagai strategi penanggulangan terhadap pengedaran narkotika  masih menimbulkan pihak yang menyetujui dan menolaknya. Pihak yang  menolak hukuman mati dikenakan pada pengedar nakotika dengan alasan hak asasi manusia atau hak keberlanjutan hidup terpidana, sedangkan ada kelompok yang menyetujui pelaksanaan hukuman mati yang juga dengan alasan demi kepentingan hak asasi manusia. Pihak yang menyetujui hukuman untuk pengedar ini menilai, bahwa sanksi yang dikenakan berupa hukuman mati dapat membuat jera atau takut calon-calon pelaku yang bermaksud mengedarkan narkotika atau hak hidup banyak generasi muda ikut diselamatkan menjadi korban kecanduan narkotika akibat ketakutan di kalangan calon-calon penjahat. hukuman mati bagi pengedar narkotika dalam kajian hukum positip sudah diatur dalam Undang-Undang Nomor. 35 tahun 2009 tentang Narkotika.Kata kunci: narkotika, hukuman, akibat, kedudukan, urgensi The death penalty for narcotics distribution in Indonesia as a counter strategy against narcotics distribution still raises those who approve and reject it. Parties that reject the death penalty are imposed on narcotics distributors on the grounds of human rights or the right to a life sentence, while there are groups that approve the execution of the death sentence as well as for the sake of human rights. The party who approved the sentence for the distributor ruled that sanctions imposed on the death penalty could scare or intimidate potential perpetrators who intend to distribute narcotics or livelihoods for many young people to be rescued as victims of narcotics addiction due to fear among potential criminals. the death penalty for narcotics traffickers in a positive legal study is set out in the Law of Numbers. 35 of 2009 on Narcotics. Keywords: narcotics, punishment, consequences, position, urgency

Migration und Weltbürgerlichkeit Zum konstitutiven Reflexionsverhältnis zwischen Recht und Sittlichkeit im Anschluss an Kants „Gesetz der Hospitalität“

2021 ◽  
Vol 7 (3) ◽  
pp. 255-269
Author(s):  
Frauke A. Kurbacher
Keyword(s):  
Human Rights ◽  
World Wide ◽  
Special Problem ◽  
Late Work ◽  
General Law ◽  
Perpetual Peace ◽  
The World ◽  
The Law

In his late work Perpetual Peace. A philosophical sketch from 1795/96, Kant gives us some hints on the relation between migration and cosmopolitanism. In his “general law of hospitality”, which is not a law of guest, but guarantees a right of migration, he reminds us all as citizens of the world. But a special antinomy of the law of world citizen provokes reflection on the fact, that any law could not protect us sufficiently - especially in the case of human rights - if a certain morality is missed in general. We need an understanding of what it means to be a world citizen. In spite of some recent discussions, which try to define or exclude the question of migration as an only special problem, it has to be recognized that it is a question of world-wide importance which belongs to the main questions of freedom in the world.

scholarly journals PRAWNOKARNA ODPOWIEDZIALNOŚĆ SĘDZIEGO ŹLE WYPEŁNIAJĄCEGO SWOJE OFFICIUM

2017 ◽  
Vol 4 (1) ◽  
pp. 27
Author(s):  
Tomasz Palmirski
Keyword(s):  
Criminal Liability ◽  
Death Sentence ◽  
Innocent Person ◽  
Criminal Cases ◽  
Aulus Gellius ◽  
The Law ◽  
The One ◽  
Made In

The Criminal Liability of a Judge Wrongly Fulfilling His officiumSummaryBribing judges was an indispensable element of the lawsuits, especially criminal, which is reflected both in the acts issued to prevent bribery and the literature.The oldest regulations concerning this issue are included in the Law of the XII Tables, which were handed down by Aulus Gellius. It is evident from this Law that index or arbiter who adjudged in favour of the person from whom he received money, was sentenced to death. The issue of corruption appears also in the sources of the late republic. It is evident that the attempts to fight against the judges’ corruption were made in a series of acts, among others, in lex Sempronia ne quis iudicio circumveniretur. This act concerned only those who had the senatorial status and who sentenced the accused not because he was guilty but because they were bribed. In the period of the early principate and probably until the end of the classical law era, the liability of the judge was regulated above all by two acts: lex Cornelia de sicariis and lex Iulia de repetundis. However, on the basis of the passages referring to the scope of applying lex Cornelia in the principate period it appears that it is impossible to point the particular stages of the development of a corruptible judge’s liability. It can be only supposed that the original scope of the act’s applicability to the cases threatened with a death sentence in which the acquittal of the accused was adjudged, was later broadened to other crimes. Whereas, on the basis of legis Iuliae the one who, after taking a bribe, sentenced, acquitted or gave yet another verdict in compliance with the briber’s wish, was liable to a penalty. It should be stressed that this law referred not only to judges in criminal cases but also in civil ones (iudexzs well as arbiter). According to Paulus who comments on the act, lex Cornelia de sicariis provided deportation to an isle and confiscation of the property, whereas the penalty provided for in lex Iulia de pecuniis repetundis, as reported by Macer, was an exile. In case of more serious crimes such as accepting property benefit and passing a death sentence to an innocent person, the penalty was death or deportation to an isle. Iudices pedanei provided for dismissal from the curia to which the judge belonged to or an exile. In the period of principate lex Cornelia testamentaria nummaria (de falsis) dated 81 BC, issued by Sulla, was applied to the liability of a judge. This act originally referred to cases of forging wills and coins and later also to cases of giving and receiving property benefits to present false evidence and bribe a judge. Lex Cornelia testamentaria provided for a death sentence in case of sentencing humiliores. Honestiores were treated in a more mild way since they were sentenced to the confiscation of property and exile with deprivation of citizenship. 

Violence against parents in Swedish peasant society

1994 ◽  
Vol 2 (4) ◽  
pp. 247-260
Author(s):  
Birgitta Odén
Keyword(s):  
Middle Ages ◽  
Death Penalty ◽  
Death Sentence ◽  
Elderly Parents ◽  
Peasant Society ◽  
The Law ◽  
Western Law ◽  
Appeal Courts ◽  
The 19Th Century ◽  
Court Of Appeal

Modern research has shown that western law in the Middle Ages was strongly influenced by Mosaic law. This influence became even stronger in Sweden when the theocratic monarchy and the orthodox clergy, by an addendum to the law, also introduced the death penalty of the Pentateuch for crimes against ‘the law of God’, including violence and verbal abuse against elderly parents. Since all prosecutions for crimes requiring the death penalty had to be tried in the court of appeal, the records of the appeal courts give an overall picture of the application of the law during a 250-year period. Prosecutions for crimes against parents increased during this period from just a few cases to a hundred per year. The death sentence was mitigated in the higher courts. The trend can be interpreted as an enforcement wave, but also as an expression of serious social unrest and economic conflicts in peasant society in the first half of the 19th century.

Ethical Humanism and the Animal Question: Vercors’s You Shall Know Them (Les Animaux dénaturés)

2020 ◽  
pp. 95-122
Author(s):  
Jonathan F. Krell
Keyword(s):  
Human Dignity ◽  
New Guinea ◽  
Great Apes ◽  
Concentration Camps ◽  
Cheap Labor ◽  
History Of ◽  
The Law ◽  
Animal Question

Vercors’s You Shall Know Them, published shortly after WWII, grapples with the question of how to define humans and how to differentiate them from animals. This “animal question” is closely linked to the “law of the strongest” and a long history of racism, imperialism, and capitalism, as exposed in Hannah Arendt’s The Origins of Totalitarianism. Archeologists, looking for fossils, discover a tribe of intelligent ape-like hominids in New Guinea, and no one can determine if they are human or another species of great apes. A businessman wants to castrate most males, intern them in camps, and use them as cheap labor in his wool mills, an ominous reference to the Nazi concentration camps that had so recently shaken Vercors’s humanist convictions, laying bare the bestiality of humans. After a long trial, it is decided that the hominids should be considered human, because, worshipping fire, they manifest a spirit of religion. Like Camus’s “Human Crisis” lecture of 1946, You Shall Know Them is a call for the restoration of human dignity, annihilated by the savagery of the war.

Giving Thrasymachus his Due: The Political Argument of Republic I and its Reception

2007 ◽  
Vol 24 (1) ◽  
pp. 26-42
Author(s):  
Cary J. Nederman
Keyword(s):  
Early Modern ◽  
Current Paper ◽  
The Political ◽  
Political Justice ◽  
Late Work ◽  
Theory Of Justice ◽  
The Law ◽  
Political Interpretation

This paper focuses on the first iteration of Thrasymachus’ claim as reported in Book I of Plato’s Republic that ‘justice is the interest of the stronger’, namely, a ‘political’ interpretation, according to which ‘justice is the interest of the stronger party in each polis as established in the law’. The author contends that this argument is logically and rhetorically distinct from Thrasymachus’ subsequent restatements of his position in Republic I. The ‘political’ version of the Thrasymachean position enjoyed currency after the composition of the Republic — and in a way that was not entirely negative. The current paper examines two cases of this reception: the first, in Plato’s own late work, the Laws, where he reengages with the Thrasymachean doctrine; the second, in the De republica Anglorum of Sir Thomas Smith, an early modern theorist who self-consciously defended Thrasymachus’ theory of justice. The paper’s immediate purpose is to suggest that Thrasymachus’ conception of ‘political’ justice, in particular, has far more coherence and power than the supposed ‘refutation’ of it in the Republic might leads us to believe.

scholarly journals THE STRUGGLE OF HUMAN RIGHTS DIPLOMACY OF INDONESIAN COUNTRY CITIZENS DEATH PENALTY

2020 ◽  
Vol 1 (5) ◽  
pp. 646-659
Author(s):  
Patricia Robin
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Migrant Workers ◽  
The State ◽  
Death Sentence ◽  
Human Right ◽  
The Law

The ability of politics and diplomacy becomes the main asset when talking about the state. The problem when human rights come against the law, will lead to a tendency to be take the side of the law, as opposed to giving unpleasant things to those who make mistakes. This not infrequently results in the death penalty which eventually (again) contradicts the Human Right to live properly and in protection. This condition occurs in migrant workers who work in several countries in Asia. They were accused of mistakes that incidentally have not been proven but immediately get a death sentence. The best national ambassadors were assigned to conflict areas, succeeded in the mission of saving them. Consistency, innovation, and enrichment when diplomacy is equipped with the ability to read the situation is the key to the success of diplomats when rescuing. Indonesia's ability to maintain good relations with other countries finally deserves to be regarded as the peak of achievement.  

scholarly journals Legal impossibility or inadmissibility: Is there a need for distinction?

2020 ◽  
Vol 54 (4) ◽  
pp. 1305-1320
Author(s):  
Sanja Radovanović ◽  
Nikolina Miščević
Keyword(s):  
General Condition ◽  
Practical Importance ◽  
Domestic Literature ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

It is generally accepted that the origin of a contract, i.e. its validity, is influenced by an impossibility that is objective and current, regardless of whether it is legal or factual. From this distinction of possibilities according to different criteria, it follows that there is no universal determination of the possibilities of the subject. Apart from the fact that the theory relativizes possibility as a general condition of the subject of a valid contract, since it binds different legal consequences, certain provisions of the Law on Obligations also contribute to the fact that legal consequences of impossibility are not clearly defined in terms of contract validity. This is especially the case when it comes to legal impossibility. Systematic works of the law of obligations in the domestic literature speak of legal impossibility, as a special species. However, there is a lack of clear demarcation in determining what is meant by it. Therefore, we will try to re-examine whether and when the distinction between legal impossibility and inadmissibility is of practical importance.

Justice, Mercy, and Caprice

2017 ◽  
Author(s):  
Ian O'Donnell
Keyword(s):  
Decision Making ◽  
Civil War ◽  
Criminal Justice ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Religious Institution ◽  
Men And Women ◽  
National Archives ◽  
The Law

Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of what can be learned from the National Archives of Ireland about the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to commute a death penalty sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government’s decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution, such as a Magdalen laundry, where their coercive confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders, such as members of the IRA, were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. The issues addressed are of continuing relevance for countries that retain capital punishment as the ultimate sanction.

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