Power, Politics, and the Law

Gender ◽  
2020 ◽  
pp. 542-598
Author(s):  
Linda L. Lindsey
Keyword(s):  
2020 ◽  
Vol 25 (1) ◽  
pp. 30-45
Author(s):  
Andreas Schmidt

AbstractThe chapter argues for a more nuanced and empirically based understanding of the discourse on law and socio-cultural norms in Old Icelandic literature on the grounds of a narratological reading of ‘Færeyinga saga’ as a case study. It has often been claimed that Icelandic sources express an ideal of freedom based on communality as guaranteed by the law. By contrast, ‘Færeyinga saga’ represents a cynical discourse on power politics that renders law as an invariable concept obsolete and works solely on the principle that ‘might is right’. This cynicism, however, is presented in a form that leaves the narrative open to interpretation, showing that regardless of its possible dating, narrative literature can serve as a starting point for social discussion. Consequently, the discourse on law in medieval Iceland must be perceived as more polyphonic than has been allowed for by previous unifying readings in scholarship.


Author(s):  
Marko Svicevic

This research aims to prove that politics shapes the law and, as such, can act as a catalyst to shape the law in accordance with African jurisprudence and Ubuntu. I structure my approach by explaining the difference between general and restricted jurisprudence and their foundations with the natural and positive law, respectively. In addition, I attempt to show that law and politics are inherently interrelated and should be viewed through a general jurisprudential perspective. I will further elaborate on the character played by politics on the South African law, both pre-1994 and in the postapartheid era. I direct my literature review to Antjie Krog’s Country of my skull. Krog’s account of the Truth and Reconciliation Commission (hereinafter referred to as the TRC) provides a platform for observation and analysis of the influence politics exerted on the law (and law enforcement) during apartheid. Krog’s account of the TRC also acts as a grounding for emphasising the particular African jurisprudence portrayed by the TRC itself and, finally, showing that a political atmosphere which incorporates African jurisprudence and Ubuntu into its political agenda will allow for the reflection of such a jurisprudence in the legal sphere. Krog’s illustration of the political shaping of the law creates a clear perspective of the influence of politics over the law. Furthermore, in attempting to illustrate this inherent power politics holds, particularly focusing on apartheid policies shaping the law (pre-1994), I too aim to show the power that politics can still play in shaping the law today, in accordance with African philosophy.


Author(s):  
Rodiles Alejandro

This chapter examines the role of the Global South in international security. In a constantly changing global political environment, certain States from the South occupy a pivotal position when it comes to addressing specific security crises, be it due to their regional leadership or because they are otherwise regarded as indispensable brokers in highly complex political and cultural constellations. In terms of insecurity, the South is no longer primarily regarded as a bloody theatre of major power confrontation, but as a source of insecurity in and of itself. The chapter then considers some of the evolving contours of the law and governance of global security. There is a growing reliance on ad hoc arrangements that contribute to the decentralization and deformalization of the classical international security architecture centred on treaties and international institutions. Also, the merger of security and development is undergoing profound transformations, as shown by the ongoing United Nations peacebuilding review, and by dynamically evolving practices on counter-terrorism focused on resilience-building in communities and amongst ordinary people. Paradoxically, while these practices are, to a great extent, driven by the growing agency of the South, their consequences seem to partly curtail this agency. Finally, the chapter refers to studies that trace the trajectories of globally informed and locally applied security practices, paying attention to the aforementioned paradox.


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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