Suchergebnisse

Lives that slide out of view -- Something happening : activism and the problem of the "white ally" -- Come together one more time : poverty and critical legal studies -- The poor and the constitution -- Reification and the consciousness of the welfare poor -- I must make something of myself : conscience, anxiety and "being with" the poor -- Theory in the key of life : the anxiety of the poverty lawyer -- A long way to nowhere : remembering the movement -- Diving for dear life : poverty law and the broken middle -- Kick out the jams : poverty and critical legal theory

The pandemic provokes a radical thinking of jurisprudence. Drawing on Heidegger's Being and Time, this paper puts forward an argument for primordial analysis. Human being is inescapably bound to viral infection. Juris-prudence is primordially the 'seeing' of iuris: that which binds or obligates. Prudence is the projection forward from the condition of being bound. Viral being can be seized by Dasein as a resolute response to common suffering. Dasein's resolute response enables the fundamental link to be made between Heidegger's notion of conscience and the primordial meaning of hospital. Primordial juris-prudence thus seeks the ontological articulation of a mode of public responsibility or solidarity for the burden borne by Dasein.

Abstract
This essay draws on Marxist thinking to argue that equity is essential to the social reproduction of finance capital. Equitable doctrines can be seen as assemblages that define and reproduce the way in which money, people and property relate to each other. Assemblages of equity/capital are ideological complexes – ways of being, thinking and acting that effectively legitimize a particular mode of production. The role that equity plays in the functioning of a regime of profit making is effectively concealed from the student of the subject. Feminist scholars have perhaps been the most successful in drawing attention to the "hidden" patriarchal logic of the subject. However, unless feminist insights are linked to an understanding of the social reproduction of capital, we cannot appreciate how modes of capital accumulation operate under cover of the legitimizing effects of equitable doctrines.

Radical constitutional scholarship could make use of a concept of solidarity to enable a new engagement with concepts of welfare and political community. Rather than a welfare state, with all its attendant problems, it is possible to link the concept of solidarity to the notion of a welfare community. A welfare community asserts the importance of common life against capitalist market relationships. Conceiving of the welfare community requires insights from continental philosophy, as well as developments of co-production and core economy thinking. Most importantly, this approach grounds welfare in a political critique of free market capitalism, rather than a theory of rights, and requires a bold assertion of a constitution as a limitation of the socially and economically destructive effects of markets.

W. E. B. Du Bois summons the restless and provocative spirit of a Pan Africanism that, despite its association with the collapse of Kwamah Nkumah's Ghanaian revolution, has not failed as an idea. Commentators have realised, to some extent, the ambiguities of Du Bois' Pan Africanism. However, they have not shown how Du Bois' deployment of the concept opens up a more radical political thinking. This Essay will trace the various twists and turns of Du Bois' Pan Africanism as narrated in the text Dusk of Dawn. Pan Africanism demands a social, economic, and political revolution that goes beyond the civil liberties struggle and its focus on constitutional recognition. In leaving America for Ghana, Du Bois committed himself to a very specific understanding of the African revolution. Using the ideas of Etienne Balibar and Jacques Rancière, this Essay will argue that Du Bois' Pan Africanism evoked energies of revolution that point at an unfinished, rather than failed, radical project.

Contemplates the subject of aesthetic jurisprudence in terms of the problematic of myth. Focusing on a myth of community, myth is seen as approaching deconstruction. In this light, the work of Robin West (1993) is addressed for its theories on the link between literary & legal forms. Pierre Schlag's (2000) fourfold grouping of four aesthetic models to periodize jurisprudence is then considered to lay out a myth of law. Attention turns to Leslie Fiedler (1960) to grapple with myth in a manner that does not reduce it to a schema or an immanent logic. Fiedler stresses the myth of fractured community, which is perhaps problematic for its reductivist theory of archetypes, but which is useful because its key theme is that community excludes. Arguing that this idea is inseparable from the law of community, the jurisprudence of Drucilla Cornell (2000) is explored in terms of the space between love & death, finding that her idea of the recollective imagination offers a useful theorization of aesthetic jurisprudence. To connect the notion of recollective imagination to thought on the "between" as the space of love & death, Mark Twain's The Adventures of Huckleberry Finn is subjected to a rereading, suggesting that scrutinizing human community & the intimate in this manner ought to redirect legal scholarship's traditional accounts of community. 30 References. J. Zendejas

1. Transcendence and interpretation : introductory notes on the theology of the rule of law / Lior Barshack -- 2. Shari'a, faith and critical legal theory / Marinos Diamantides -- 3. One law against another? : reading the veil cases : the foundational reference, Shari'a and human rights / Adam Gearey -- 4. The gift of ambiguity : strategising beyond the either/or of secularism and religion in Islamic divorce law / Hassan El Menyawi -- 5. What is Islamic law? : a praxiological answer and an Egyptian case study / Baudouin Dupret -- 6. State of equalities : law, marriage and citizenship in the Islamic Republic of Mauritania / Satyel Larson -- 7. Entrepreneurs and morals / Gul Berna Ozcan -- 8. Religion, politics and the dilemma of national identity / Tasneem Kausar -- 9. Theorizing Islam without the state : Islamic discourses on the minority status of Muslims in the West / Alexandre Caeiro -- 10. Terror in the faculty lounge : addressing the politics of fear and the politics of difference in government security politics / Katherine E. Brown.

1. Introduction part I -- 2. Introduction part II -- 3. "As a system.the common law is a thing merely imaginary" -- 4. Recording law's experience : features of the "case" -- 5. The postcolonial, the visible and the invisible : the normal and the exceptional -- 6. Institutionalising judicial decision making : public reason and the doctrine of precedent -- 7. What we talk about when we talk about common law : the practice of precedent -- 8. The mirror and the dialogue : the common law, Strasbourg and human rights -- 9. The judicial practice of statutory interpretation -- 10. The politics of the judiciary revisited : rights, democracy, law -- 11. Judges and democracy -- 12. The integrity of the court : judgment and the prohibition on bias -- 13. The value of participation : the rights of the defence, equality of arms and access to justice -- 14. Open justice, closed procedures and torture evidence -- 15. Imagining civil justice -- 16. Imagining criminal justice -- 17. Conclusion.