Gunslinging justice

2018 ◽  
Author(s):  
Justin A. Joyce
Keyword(s):  
Legal System ◽  
Interdisciplinary Approach ◽  
Gun Violence ◽  
Social Forms ◽  
Self Defense ◽  
Reconstruction Era ◽  
Dime Novels ◽  
The World ◽  
American Law ◽  
American Legal System

Gunslinging justice explores American Westerns in a variety of media alongside the historical development of the American legal system to argue that Western shootouts are less overtly “anti-law” than has been previously assumed. While the genre’s climactic shootouts may look like a putatively masculine opposition to the codified and mediated American legal system, this gun violence is actually enshrined in the development of American laws regulating self-defense and gun possession. The climactic gun violence and stylized revenge drama of seminal Western texts then, seeks not to oppose "the law," but rather to expand its scope. The book’s interdisciplinary approach, which seeks to historicize and contextualize the iconographic tropes of the genre and its associated discourses across varied cultural and social forms, breaks from psychoanalytic perspectives which have long dominated studies of film and legal discourse and occluded historical contingencies integral to the work cultural forms do in the world. From nineteenth century texts like Cooper's The Last of the Mohicans (1826) and Reconstruction era dime novels, through early twentieth century works like The Virginian, to classic Westerns and more recent films like Unforgiven (1992), this book looks to the intersections between American law and various media that have enabled a cultural, social, and political acceptance of defensive gun violence that is still with us today.

No retreat: American self-defense doctrine

2018 ◽  
pp. 48-68
Author(s):  
Justin A. Joyce
Keyword(s):  
Legal System ◽  
Gun Violence ◽  
Self Defense ◽  
American Legal System

This chapter outlines shifts in the American legal system related to justifiable gun violence. A crucial juridical shift, the transition wrought by American self-defense doctrine from the English requirement to "retreat to the wall" to the American freedom to “stand one's ground” and repel force with force is covered here.

The "Right to Die": A Case Study in American Lawmaking*

1996 ◽  
Vol 3 (1) ◽  
pp. 49-74
Author(s):  
Alan Meisel
Keyword(s):  
Legal System ◽  
Right To Die ◽  
Judicial Process ◽  
Clinical Issue ◽  
The Press ◽  
American Law ◽  
American Legal System ◽  
The Right ◽  
Made In

AbstractIn the 20 years that have passed since the Karen Quinlan case exposed a simmering clinical issue to the light of day — more precisely, to the press and to judicial process — a consensus has developed in American law about how end-of-life decisionmaking should occur. To be sure, there are dissenting voices from this consensus, but they are often (though not always) about minor issues. By illustrating how this consensus has evolved, this paper explores how law is made in the American legal system and the roles that different legal and extra-legal institutions play in lawmaking.

scholarly journals Peter M. Tiersma: “Legal language reform is an important goal”

2020 ◽  
pp. 123-130
Author(s):  
I. A. Martynenko
Keyword(s):  
Legal System ◽  
English Language ◽  
Real Life ◽  
Interdisciplinary Approach ◽  
Professional Activity ◽  
Legal Language ◽  
Important Goal ◽  
Language Reform ◽  
The World

The article tells about the life and professional path of the outstanding American lawyer and linguist Peter Mejes Tiersma. His contribution to the development of the world linguistics and the main directions of his professional activity are described. The author tells about the monographs and articles by P. Tiersma, quotes his works, lists the organizations in which he was a member. The relevance of Tiersma’s works is due to the fact that in the AngloAmerican legal system there is often a gap between the structure and meaning of written laws and their application in real life. The article presents Tiersma’s proposals for solving this problem, which are based on the interdisciplinary approach and simplification of the legal English language. The works of Russian linguists based on the opinion of this American specialist are also listed.

Mass Shooting and Misogyny

2021 ◽  
pp. 48-73
Author(s):  
Perry L. Lyle ◽  
Ashraf Esmail ◽  
Lisa Eargle
Keyword(s):  
Gun Violence ◽  
Constitutional Rights ◽  
Gun Ownership ◽  
Mass Shootings ◽  
Self Defense ◽  
The World ◽  
Private Citizens ◽  
Mass Shooting ◽  
Per Capita ◽  
Privately Owned

It is the violent ideology Americans cannot ignore. This hate and extremism overwhelming reside in males. Disproportionately committed by males, gun violence, as shown by data, reveals that misogyny can be a precursor to other forms of extremism. Gun violence and particularly mass-shootings have once again seized Americans of all political stripes as the hot-topic debate of the day. American's fascination with gun ownership dates to the roots of independence from the British crown and why colonists insisted that protection to own and possess firearms be woven into the private citizens' constitutional rights. There are an estimated 393 million guns in America, almost one for each citizen but held by approximately 42% of the population. It makes America, per capita, the largest privately-owned gun-toting country in the world. Many of the population surveyed claim to own four or more weapons – hardly necessary for self-defense. This chapter explores mass shootings and misogyny.

Bankruptcy vs. Environmental Protection: A Case Study in Normative Conflict

1998 ◽  
Vol 11 (2) ◽  
pp. 245-276
Author(s):  
H. Hamner Hill
Keyword(s):  
Environmental Protection ◽  
Legal System ◽  
Policy Objective ◽  
Policy Goals ◽  
American Law ◽  
Normative Conflicts ◽  
The Law ◽  
American Legal System ◽  
Significant Attention

Environmental protection laws are a recent legal development. As soon as these statutes first began to appear, it was evident that the fundamental principles of environmental protection would conflict, at some point, with fundamental principles from other, older, substantive bodies of law. In the American legal system, nowhere has the conflict been more serious than between environmental protection law and the law of bankruptcy. While this problem has attracted significant attention in the law reviews, it has been little noticed outside legal circles. This conflict sheds important light on the nature of normative conflicts generally, and points to the need for a well-developed theory of conflict resolution which courts can use when deciding cases. The root of the problem lies in a conflict between the underlying policy goals of these substantive bodies of law such that satisfying one policy objective necessarily undercuts the other. As such, the conflict between bankruptcy and environmental protection should be classified as a normative collision. This discussion examines this normative collision as it exists in American law in some detail. Such an examination provides interesting insights into the nature and pervasiveness of normative conflicts in our legal system. It also serves to illuminate both the theoretical and practical need for a coherent, well developed mechanism for resolving normative conflicts when conflicts arise.

scholarly journals Law and the Making of Slavery in Colonial Virginia

2004 ◽  
Vol 27 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Ashton Wesley Welch
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Chattel Slavery ◽  
Antebellum Period ◽  
American Law ◽  
The Common ◽  
English Law ◽  
Colonial Virginia ◽  
Anglo American ◽  
American Legal System

Some authorities from the antebellum period to the present have located the source of the American law of slavery in continental civil law codes and hence in Roman slave law. They have been unable or unwilling to connect the brutal system of institutionalized racial slavery that emerged in Virginia and elsewhere in the American slave kingdom with what they have perceived as an open, freedom-favoring Anglo-American legal system and have thus sought an explanation of its legal underpinnings in other jurisdictical standards. Both the absence of chattel slavery in English law and the common law's claimed bias in favor of liberty have often been cited as reasons why it is impossible that English law could be the source of such an abomination.

Introduction: the warp, woof, and weave of American gun violence

2018 ◽  
pp. 1-27
Author(s):  
Justin A. Joyce
Keyword(s):  
Theoretical Framework ◽  
Gun Violence ◽  
Social Organisation ◽  
Court Cases ◽  
Legal Studies ◽  
The World ◽  
Dime Novel ◽  
American Law ◽  
Foucauldian Theory

This introductory chapter lays down the theoretical framework for the forgoing analyses, taking many cues from legal studies, U.S. Supreme Court cases and Foucauldian theory. In the world of the Western, the procedural focus of American law gets in the way of justice. The genre embraces justice by gun violence rather than by trial, and has therefore often been read as ‘anti-law’. From the early dime novel fascination with such outlaws and renegades as Billy the Kid and Jesse James, through depictions of lynching in Owen Wister’s 1902 novel, The Virginian, and the film The Ox-Bow Incident (1943), to the guns-blazing heroics of films such as Rio Bravo (1959), High Noon (1952), and Shane (1953), through the darker critiques of The Gunfighter (1950), The Wild Bunch (1969), and Unforgiven (1992), to the postmodern pastiche of Django Unchained (2012), the Western has nourished a vision of social organisation and a means for delivering justice that operates outside the official parameters of American law, relying on a gunslinging hero to uphold order. This chapter argues, in fact, that this opposition is progressively undone in the genre’s formulaic shootouts. The cherished antipathy between ‘the law’ and the Western’s ‘law of the gun’ is, in short, unfounded.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

Kim Kardashian: the Leader of the Influencers

2019 ◽  
Author(s):  
Laila Fariha Zein ◽  
Adib Rifqi Setiawan
Keyword(s):  
Social Media ◽  
The United States ◽  
Armenian Genocide ◽  
The Public ◽  
Self Defense ◽  
Global Commerce ◽  
The World ◽  
Social Media Platforms ◽  
International Issues ◽  
Global Influence

In today’s world, it is easier and easier to stay connected with people who are halfway across the world. Social media and a globalizing economy have created new methods of business, trade and socialization resulting in vast amounts of communication and effecting global commerce. Like her or hate her, Kimberly Noel Kardashian West as known as Kim Kardashian has capitalized on social media platforms and the globalizing economy. Kim is known for two things: famous for doing nothing and infamous for a sex tape. But Kim has not let those things define her. With over 105 million Instagram followers and 57 million Twitter followers, Kim has become a major global influence. Kim has travelled around the world, utilizing the success she has had on social media to teach make-up master classes with professional make-up artist, Mario Dedivanovic. She owns or has licensed several different businesses including: an emoji app, a personal app, a gaming app, a cosmetics line, and a fragrance line. Not to be forgotten, the Kardashian family show, ‘Keeping Up with the Kardashians’ has been on the air for ten years with Kim at the forefront. Kim also has three books: ‘Kardashian Konfidential’, ‘Dollhouse’, and ‘Selfish’. With her rising social media following, Kim has used the platforms to show her support for politicians and causes, particularly, recognition of the Armenian genocide. Kim also recently spoke at the Forbes’ women’s summit. Following the summit, Kim tweeted out her support for a recent movement on Twitter, #freeCyntoiaBrown which advocated for a young woman who claimed to have shot and killed the man who held her captive as a teenage sex slave in self-defense. Kim had her own personal lawyers help out Cyntoia on her case. Kim has also moved beyond advocating for issues within the confines of the United States. As mentioned earlier, she is known for advocating for recognition of the Armenian genocide. In the last two years, her show has made it a point to address the Armenian situation as it was then and as it is now. Kim has been recognized as a global influencer by others across the wordl. We believe Kim has become the same as political leaders when it comes to influencing the public. Kim’s story reveals that the new reality creates a perfect opportunity for mass disturbances or for initiating mass support or mass disapproval. Although Kim is typically viewed for her significance to pop culture, Kim’s business and social media following have placed her deep into the mix of international commerce. As her businesses continue to grow and thrive, we may see more of her influence on international issues and an increase in the commerce from which her businesses benefit.

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