Posthuman Legal Subjectivity

2021 ◽  
Author(s):  
Jana Norman
Keyword(s):  
2016 ◽  
Vol 1 (4) ◽  
pp. 372-389
Author(s):  
Yu Zhang ◽  
Nicholas Lovrich

Some scholars doubt whether China has much of a legal tradition, and others have opined that China lacks legal subjectivity from a Western legal perspective. However, various dramas have delineated a legal culture and form of legal subjectivity in China present since ancient times. Unfortunately, relatively less research has been conducted on legal themes in Chinese drama, and even less scholarship has explored Chinese legal tradition through an art perspective. This article takes a modest step toward filling this gap. Selecting multiple cases from the creative industries in China, including ancient stage drama, films, and contemporary television drama across the span of hundreds of years, this article looks into the representations of legal tradition in Chinese performing arts and explores the spirit of law in Chinese society.


2021 ◽  
Author(s):  
Valerie Molina

The aim of this critical literature review is to define the connection between immigration policies and the construction of a national identity, and to discuss what the implications of such connections may be. Tracing how the legal subjectivity of the migrant has developed throughout time and through policy reveals how messages about the nation and Others are created, sustained, and circulated through legal policies. What values are implicit within Canadian immigration policy? How does the migrant ‘other’ help ‘us’ stay ‘us’? How do nationalist ideologies construct the Other and how is this reflected in labour market segmentation? Constructing a national identity involves categorizing migrants into legal categories of belonging, a process in which historical positions of power are both legitimized and re-established through law. Discourses about temporary foreign workers provide examples of how the Other is framed in limited terms and in opposition to that of legitimate members of Canadian society. Key Terms: Citizenship, discourse, subjectivity, immigration law, identity, power, humanitarianism, temporary foreign workers, labour market segmentation.


2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.


2018 ◽  
Vol 43 (04) ◽  
pp. 1391-1426 ◽  
Author(s):  
Mark Brown

Forty years ago, E. P. Thompson praised the English rule of law forged during the bloody and fractious eighteenth century, calling it not only “an unqualified human good,” but also a “cultural achievement of universal significance.” This article examines colonial rule-of-law development as another example of law and state building. Both have relevance for contemporary rule-of-law programming in the Global South where Thompson's “cultural achievement” has resisted fabrication by legal technicians. The problems faced today are not new, for colonial rulers also engaged with complex indigenous norms and forms and sought to balance universal principles with political control imperatives. Contra arguments about colonial “lawfare,” colonial rule of law often frustrated authoritarian tendencies while developing new forms of legal subjectivity and avenues for redress of grievances. Using data from the Indian province of Punjab, the article illustrates how historical case studies might aid contemporary rule-of-law programming in the Global South.


2018 ◽  
Vol 52 (2) ◽  
pp. 156-185
Author(s):  
Kamala Visweswaran

Drawing upon the court case of one woman sentenced for killing her infant in the early decades of the last century, this article reads Pierre Bourdieu’s insight on how the trial stages conflicts produced in the social realm as a paradox for explaining how British administrators and Indian village officials negotiated non-conflicting codes of sexual and moral conduct on the basis of colonial ideology and locally fixed caste hierarchies to convict women of infanticide. This article argues that a staging of women’s agency is crucial for understanding the colonial conferral of legal subjectivity and for a gendered critique of the Subaltern Studies paradigm of conflict or collaboration as ‘dominance without hegemony.’


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