scholarly journals Prawo w filmie jako przejaw estetyki prawa i szczególny przypadek kierunku prawo i literatura

2021 ◽  
pp. 8-20
Author(s):  
Kamil Zeidler
Keyword(s):  
Fine Arts ◽  
Practical Aspect ◽  
Law And Literature ◽  
Aesthetic Value ◽  
Research Areas ◽  
The Law ◽  
Law In Literature ◽  
Research Stream ◽  
The One ◽  
Legal Aesthetics

If we put together and systematize research streams: law in film, law and literature, and aesthetics of law, it is easy to reach the conclusion that we are dealing with related subjects, with a certain overlap in research areas. The broadest term is aesthetics of law, whose scope covers the entire law and literature movement, meanwhile law in film is a more detailed aspect of the latter. Systematizing the aesthetics of law, we can close it in three aspects: the external one, the internal one, and the one called ‘law as a device for aesthetization’. The aesthetics of law in the external aspect deals with manifestations of law, legal inspirations, legal themes, symbols, signs, which were represented through centuries in fine arts. The subject of the aesthetics of law in the internal aspect is the law itself. The third aspect of the aesthetics of law focuses on law as a device for aesthetization of daily life. In the law and literature movement, the reflections concern either the inclusion of legislative and legal content in literary works (law in literature), or the literary, including aesthetic, value, of normative instruments, and more broadly, also other acts of applying the law (law as literature). A special case of this research stream is legal cinematography, where a film prepared on the basis of a screenplay is treated as a kind of narrative, justifying the statement that law in film further develops the law and literature movement. The practical aspect of such research – of legal aesthetics, law and literature, and law in film – concerns mainly the significance and influence on legal awareness, and on shaping the attitudes towards law. The key thing here is approaching the problem of influencing legal awareness through other means than the text of a normative instrument alone.

scholarly journals Law and literature: a misunderstood relation? The criticism of Richard Posner and Robert Weisberg to the law in literature movement

2019 ◽  
Vol 5 (2) ◽  
pp. 395-416
Author(s):  
Amanda Muniz Oliveira
Keyword(s):  
United States ◽  
The United States ◽  
Law And Literature ◽  
The Past ◽  
Initial Stage ◽  
The Law ◽  
Law In Literature ◽  
The Right

The law and literature movement, started in 1973 in the United States with the release of “The Legal Imagination”, by James Boyd White, had as its main objective to reach the humanization of jurists. Although it caught the attention of several authors and spread to different countries, the initial stage of the movement, also known as law in literature, was not immune to criticism. Thus, this article, via bibliographic research, aims at presenting the criticism by Richard Posner, who mainly questions the premise that literature can humanize the jurist. Also, this paper analyzes the production by Robert Weisberg, who sees in the area an overly-romanticized view of literature. Knowing such criticism is crucial to think about the past, present and future of the movement, searching for the right answers it demands.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Genes, cognition, and social behavior: Next steps for foundations and researchers

2011 ◽  
Vol 30 (2) ◽  
pp. 65-87 ◽  
Author(s):  
Arthur Lupia
Keyword(s):  
Social Behavior ◽  
Political Science ◽  
National Science Foundation ◽  
Scientific Practices ◽  
Social Scientists ◽  
Research Areas ◽  
Unpublished Report ◽  
Summary Statement ◽  
The One ◽  
Scientific Value

Editor's note This well circulated but heretofore unpublished report is the summary statement of an interdisciplinary meeting of scholars convened by the National Science Foundation in Arlington, Virginia on June 28, 2010. The workshop, which was funded by the NSF's Political Science Program (Social, Behavioral & Economic Sciences Grant #1037831), was convened to answer two compelling questions: Are studies of social behavior that build from discoveries about genes and/or cognition of greater social and scientific value than studies of the same topics that ignore such factors? And, how can fundable research on genes, cognition, and politics generate transformative scientific practices, infrastructure, and findings of high social value? Assembled for the workshop were a group of scholars representing diverse yet increasingly connected research areas, including genetics, cognitive science and neuroscience, decision making and risk analysis, economics, political science, and sociology. The resulting report outlines the substantial challenges facing interdisciplinary research but also describes the considerable contributions to knowledge that could result from sustained collaborations between biologists, geneticists, and brain scientists on the one hand and social scientists on the other. Following this main report are three white papers by Jeremy Freese. Elizabeth Hammock, and Rose McDermott, which address importmant considerations related to the discussion. For a download of the full report, see http://www.isr.umich.edu.cps/workshop.Welcome.html.

scholarly journals Quantification of Classified Nickel Species in Spent FFC Catalysts

2021 ◽  
Author(s):  
Monica Dapiaggi ◽  
Marco Alloni ◽  
Riccardo Carli ◽  
Nicola Rotiroti ◽  
Giorgia Confalonieri
Keyword(s):  
Zeolite Y ◽  
Complex Matrix ◽  
Spent Catalyst ◽  
Quick Method ◽  
Spent Catalysts ◽  
The Law ◽  
The One ◽  
Nickel Species

Abstract The paper presents a quick method for the quantification of nickel species in spent FFC catalysts; the quantification of known quantities NiO and $$\hbox{NiAl}_2\hbox{O}_{4}$$ NiAl 2 O 4 is first done in a matrix of fresh zeolite Y, and then in a complex matrix, similar to the one of a real spent catalyst. The method is carefully checked and the errors in the quantification are critically evaluated. After the validation of the method with known quantities of NiO, well below the law limit for direct re-use, a set of real spent catalysts (representative of a period of 12 months) is analysed. Graphic Abstract

Ambivalent Affines: Law Like Literature

2020 ◽  
pp. 174387212097199
Author(s):  
Kathleen Birrell
Keyword(s):  
Law And Literature ◽  
Methodological Challenge ◽  
Reading To Read ◽  
The Law ◽  
Short Essay ◽  
Oscillatory Rhythm ◽  
Intellectual Legacy

This short essay will dwell upon the ‘law of literature and the literature of law’, as illuminated in the enduring scholarship and intellectual legacy of Peter Fitzpatrick. Reading with Fitzpatrick, we must grapple with a law that is both constituted and subverted by recourse to the supplement of fiction. These ambivalent ‘affines’, law and literature, share in an oscillatory rhythm: each is constituted and enlivened by an unbounded exteriority, yet each must be rendered normatively determinate. I reflect upon the ways in which Fitzpatrick’s account of ‘law like literature’ grasps and hones the methodological challenge implicit in this reading: to read law as literature and literature as law. Yet further, I extend a reading of Fitzpatrick’s scholarship that acknowledges this fictive law as not merely susceptible to but constituted by decoloniality.

Insider Trading in Israel and England, Part II

1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran
Keyword(s):  
Insider Trading ◽  
The Other ◽  
Fiduciary Duties ◽  
The Law ◽  
The One

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.

Utilitarianism and the Criminal Law in Colonial India: A Study of the Practical Limits of Utilitarian Jurisprudence

1994 ◽  
Vol 28 (4) ◽  
pp. 739-791 ◽  
Author(s):  
Kartik Kalyan Raman
Keyword(s):  
Criminal Justice ◽  
Legal Tradition ◽  
British India ◽  
Local Society ◽  
Colonial India ◽  
Penal Law ◽  
The Law ◽  
Common Observation ◽  
The One

The role of legal tradition in the reformist rhetoric of Benthamite Utilitarianism presents us with a contradiction. On the one hand, there is the common observation that Utilitarian jurisprudence was necessarily ahistorical and rejected the past as a source of concepts for reworking the criminal justice system existing in Britain during the late eighteenth and early nineteenth centuries. For philosophic reformers such as Bentham, contemporary British criminal justice was to be replaced by a scientific jurisprudence, abstract, universal, and secular in outlook, and antipathetic to the more conservative insistence that the foundations of the penal law continue to be tradition-based. ‘If society was to see any improvement, its law must be reformed; if its law was to be reformed it must be burned to the ground and rebuilt according to a new and rational pattern.’ On the other hand, we find that the very same Utilitarian thinkers, in works describing the state of the law in British India, were concerned with local rather than universal conceptions of criminality. In his 1782 Essay on the Influence of Time and Place in Matters of Legislation, Bentham, for instance, urged the philosophic reformer to temper change in India by fitting Utilitarian judgments about the law to the frames of local society.

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