Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities – serie

This cutting-edge edited collection brings together 17 scholarly essays on two of cinema and television’s most enduring and powerful themes: law and crime. With contributions by many of the most prominent scholars in law, sociology, criminology, and film, Framing Law and Crime offers a critical survey of a variety of genres and media, integrating descriptions of technique with critical analysis, and incorporating historical and socio-political critique. The first set of essays brings together accounts of the history of the Law and Cinema Movement; the groundbreaking genre of “post-apocalyptic fiction;” and the policy-setting genesis of a Canadian documentary. The second section of the book turns to the examination of a range of international or global films, with an eye to assessing the strengths, frailties, and possible functions of law, as depicted in fictional cinema. After an international focus in the second section, the third section focuses on law and crime in American film and television, inclusive of both fictional and documentary modes of narration. This section’s expansion beyond film narratives to include television series attempts to broaden the scope of the edited collection, in terms of media discussed; it is also a nod to how the big screen, although still a dominant force in American popular culture, now has to compete, to some extent, with the small screen, for influence over the collective American popular cultural imaginary. The fourth section, titled brings together various chapters that attempt to instantiate how a “Gothic Criminology” could be useful, as an interpretative framework in analyzing depictions of law and crime in film and television. The fifth and final section covers issues of pedagogy, epistemology, and ethics in relation to moving images of law and crime. Merging wide-ranging analyses with nuanced scholarly interpretations, Framing Law and Crime examines key concepts and showcases original research reflecting the latest interdisciplinary trends in the scholarship of the moving image. It addresses, not only scholars, but also fans, and will heighten the appreciation of connoisseurs and newcomers to these topics alike.

There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.

There are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.

Gender and cultural studies readings of Tennessee Williams’s work have provided diverse perspectives on his complex representations of sexuality, whether of himself as an openly gay man, or of his characters, many of whom narrate or dramatize sexual attitudes or behavior that cross heteronormative boundaries of the mid-century period. Several of these studies have positioned Williams and his work amid the public tensions in American life over roughly four decades, from 1940–1980, as notions of equality and freedom of choice challenged prejudice and repression in law and in society. To date, however, neither Williams’s homosexuality nor his persistent representations of sexual transgressions have been examined as legal matters that challenged the rule of law.Directed by legal history and informed by multiple strands of Williams’s studies criticism, textual, and cultural, this book explores the interplay of select topics defined and debated in law’s texts with those same topics in Williams’s personal and imaginative texts. By tracing the obscure and the transparent representations of homosexuality, specifically, and diverse sexualities more generally, through selected stories and plays, the book charts the intersections between Williams’s literature and the laws that governed the period. His imaginative works, backlit by his personal documents and historical and legal records from the period, underscore his preoccupation with depictions of diverse sexualities throughout his career. His use of legal language and its varied effects on his texts demonstrate his work’s multiple and complex intersection with major twentieth-century concerns, including significant legal and cultural dialogues about identity formation, intimacy, privacy, and difference.

This cutting-edge edited collection brings together 17 scholarly essays on two of cinema and television’s most enduring and powerful themes: law and crime. With contributions by many of the most prominent scholars in law, sociology, criminology, and film, Framing Law and Crime offers a critical survey of a variety of genres and media, integrating descriptions of technique with critical analysis, and incorporating historical and socio-political critique. The first set of essays brings together accounts of the history of the Law and Cinema Movement; the groundbreaking genre of “post-apocalyptic fiction;” and the policy-setting genesis of a Canadian documentary. The second section of the book turns to the examination of a range of international or global films, with an eye to assessing the strengths, frailties, and possible functions of law, as depicted in fictional cinema. After an international focus in the second section, the third section focuses on law and crime in American film and television, inclusive of both fictional and documentary modes of narration. This section’s expansion beyond film narratives to include television series attempts to broaden the scope of the edited collection, in terms of media discussed; it is also a nod to how the big screen, although still a dominant force in American popular culture, now has to compete, to some extent, with the small screen, for influence over the collective American popular cultural imaginary. The fourth section, titled brings together various chapters that attempt to instantiate how a “Gothic Criminology” could be useful, as an interpretative framework in analyzing depictions of law and crime in film and television. The fifth and final section covers issues of pedagogy, epistemology, and ethics in relation to moving images of law and crime. Merging wide-ranging analyses with nuanced scholarly interpretations, Framing Law and Crime examines key concepts and showcases original research reflecting the latest interdisciplinary trends in the scholarship of the moving image. It addresses, not only scholars, but also fans, and will heighten the appreciation of connoisseurs and newcomers to these topics alike.

To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings.From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.

To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings.From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.

Representing Ebola provides readers with a critical legal analysis of the recent West African Ebola Outbreak. The author argues that a review of the scientific, military, legal, economic, political, and mediated coverage of this latest outbreak highlights the ways that organizations like the World Health Organization or Doctors Without Borders want to conceptualize the importance of rapid emergence from the West during African Ebola epidemics. The author concludes that while the U.S. military and other organizations prided themselves on their belated responses to this outbreak oftentimes journalists, scientists, and others overlooked the contributions that were made by contract tracers and indigenous public health workers. Sadly, the 2013-2015 West African outbreak took the lives of thousands of individuals, and the author contends that this contributed to sensationalist ways of representing local burial and food habits. The book concludes by noting that while many West African leaders appreciated the billions of dollars of promised aid that would flow toward this region in the wake of the Ebola outbreak real “health security” measures have to involve longer term infrastructural changes. Talk of how Westerners rescued the West Africans need to be augmented with more nuanced ways of thinking about how many of those who actually battled Ebola need to become part of future conversations regarding everything from theories of “aerial” transmission to the steps that need to be taken during the first few weeks of recorded outbreaks.

This book focuses on the Biafran humanitarian crisis of 1967–1970 which generated a surge of human rights anxieties and attracted the attention of world humanitarian organizations. For the first time in recent history, different church groups and humanitarian activists around the world came together for the sole purpose of alleviating human suffering and saving lives regardless of theological differences, race, ethnic affiliation, nationality, and geographical distance. Despite their role in shaping the course and outcome of the conflict, most scholars of the Nigeria-Biafra War treat the humanitarian aspect of the war as a footnote, making it appear less important among other issues of interest in the conflict. Notable exceptions, however, include Joseph Thomson’s American Policy and African Famine, which focuses on American policy on the humanitarian aid, and Reverend Tony Byrne’s Airlift to Biafra. This study underlines that the international humanitarian aid largely contributed to the internationalization of the war. The efforts of the churches from thirty-three countries which remain virtually unexplored was not just the first of its kind in the developing world but also the largest civilian airlift in history. While the paucity of scholarship on the humanitarian aspect of the Biafra war could be attributed to the newness of this field of enquiry, the increase in conflicts in different parts of the world has just opened humanitarian aid studies as a new frontier in academic study. This book is a masterful example of scholarship in this newly emergent field.

This book focuses on the Biafran humanitarian crisis of 1967–1970 which generated a surge of human rights anxieties and attracted the attention of world humanitarian organizations. For the first time in recent history, different church groups and humanitarian activists around the world came together for the sole purpose of alleviating human suffering and saving lives regardless of theological differences, race, ethnic affiliation, nationality, and geographical distance. Despite their role in shaping the course and outcome of the conflict, most scholars of the Nigeria-Biafra War treat the humanitarian aspect of the war as a footnote, making it appear less important among other issues of interest in the conflict. Notable exceptions, however, include Joseph Thomson’s American Policy and African Famine, which focuses on American policy on the humanitarian aid, and Reverend Tony Byrne’s Airlift to Biafra. This study underlines that the international humanitarian aid largely contributed to the internationalization of the war. The efforts of the churches from thirty-three countries which remain virtually unexplored was not just the first of its kind in the developing world but also the largest civilian airlift in history. While the paucity of scholarship on the humanitarian aspect of the Biafra war could be attributed to the newness of this field of enquiry, the increase in conflicts in different parts of the world has just opened humanitarian aid studies as a new frontier in academic study. This book is a masterful example of scholarship in this newly emergent field.

Witness in the Era of Mass Incarceration works from the premise that if the law establishes and maintains both its practical and symbolic authority on the basis of its monopoly on legally sanctioned violence and the suffering threatened and delivered by such violence, then we cannot know the full human cost or concrete moral status of any legal state without human witness to the depth and manner of suffering meted out by such violence. The prison writer stands in the position to offer such witness. The prison writer knows the law’s violence in the flesh. For every other writer, reflection upon the degree and manner of suffering meted out under legal sanction—that is, reflection upon the full human cost of the contemporary legal order—is necessarily speculative. In close readings of first-person witness from prisons in the U.S., Ireland, and Africa, Witness in the Era of Mass Incarceration discovers literary tropes that chart at once local, national, and transnational conditions of carceral experience—the extant conditions of legalized suffering. In exhibiting the labor required to move from institutionalized abjection to the minimum requirements of rights-bearing personhood, this witness offers the sole credible vision of the possibility of a post carceral understanding of freedom.

Richard Nixon’s loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn’t. Nixon’s political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon’s firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials – a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon’s time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers – a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.

Richard Nixon’s loss in the 1962 gubernatorial election in California was more than just a simple electoral defeat. His once-promising political career was in ruins as he dropped his second high-profile race in as many years. Nixon, himself, rubbed salt in his own self-inflicted wounds by delivering a growling, bitter concession speech that made him seem like a sore loser. In the months following his defeat and self-immolation, he left California to move to New York so that he could work for a prestigious Wall Street law firm. His new career only seemed to confirm what everyone already knew: Richard Nixon was finished as a politician. Except, he wasn’t. Nixon’s political resurrection was virtually unprecedented in American history role, and he had his law firm to thank for paving his way to the White House. His role as public partner at Nixon, Mudge, Rose, Guthrie & Alexander was the ideal platform for him as he looked to reinvent himself after his back-to-back losses in 1960 and 1962. Nixon’s firm gave him access to deep-pocketed clients, many of whom became donors when he decided to take the plunge in 1968. Furthermore, working for so many international clients allowed him to travel the world and burnish his foreign policy credentials – a vital quality that voters were looking for as the Cold War raged on and the Vietnam War showed no signs of slowing down. Nixon’s time at the firm also allowed him to build a formidable campaign staff consisting of top-notch lawyers, researchers and writers – a staff that did just about everything for him when it came time to ramp up for the 1968 campaign.

In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation’s transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation’s emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910–2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.

The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments.In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so.This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.

The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments.In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so.This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.

The Lure of Hope portrays a snap shot of the rise and fall of commercial surrogacy in India. By chance, the author’s fieldwork began around the same time NSW legislation in Australia extended its ban on commercial surrogacy to include overseas arrangements. Not long after returning from fieldwork in India, the Home Ministry of India changed the conditions of entry for intending parents (IPs) traveling to India for a surrogacy arrangement. From November 2013 IPs would have to apply for a medical visa, and could only obtain a medical visa for surrogacy if they had been married for at least two years. In 2016 the Indian Surrogacy (regulation) Act was introduced, commercial surrogacy was banned and foreigners were no longer able to enter into surrogacy arrangements in India. India was the first among a trail of ‘pop up’ reproductive destinations including Thailand, Nepal, Mexico, Cambodia and Laos. This book captures a moment in the recent history of the emerging global ‘surroscape’.Alongside the detailed account of the experiences of parents and surrogate mothers the author offers a careful analysis of regulatory systems governing surrogacy and embryo use in Australia and India. With the authors archival research in the UK she further analyses the regulation of surrogacy with cross cultural comparison of the relatively longer history of surrogacy regulation in the UK. Reproductive technologies and the many options these create are ahead of the law and while the law struggles to keep up we have a rich field of investigation. What do different regulatory systems tell us about how we see society, children, women’s bodies, reproduction and fecundity, kinship and family formation?

This book provides academics and lay persons with Kafkaesque readings of our memories of the 2007 Nisour Square shootings in Iraq. The author uses critical analyses of the rise of Blackwater, support for private security firms and private contracting, prosecutorial and defense preparations and the 2014 jury trial to argue that most observers have drastically underestimated the groundswell of support that existed for Erik Prince and many other defenders of military or security outsourcing. This book puts on display the cultural, legal, and political difficulties that confronted those who wanted to try former Blackwater security guards in the name of belated social justice.

Monsters, Law, Crime, an edited collection composed of essays written by prominent U.S. and international experts in Law, Criminology, Sociology, Anthropology, Communication and Film, constitutes a rigorous attempt to explore fertile interdisciplinary inquiries into “monsters” and “monster-talk,” and law and crime. This edited collection explores and updates contemporary discussions of the emergent and evolving frontiers of monster theory in relation to cutting-edge research on law and crime as extensions of a Gothic Criminology. This theoretical framework was initially developed by Caroline Joan “Kay” S. Picart, a Philosophy and Film professor turned Attorney and Law professor, and Cecil Greek, a Sociologist (Picart and Greek 2008). Picart and Greek proposed a Gothic Criminology to analyze the fertile synapses connecting the “real” and the “reel” in the flow of Gothic metaphors and narratives that abound around criminological phenomena that populate not only popular culture but also academic and public policy discourses. Picart's edited collection adapts the framework to focus predominantly on law and the social sciences.

This book looks at the architecture of the courts in Scotland and the importance of these civic spaces. Given the importance of courts to the legal experience it starts by exploring why scholars have been so reticent in examining spaces in which the administration of justice takes place. It notes the major changes already unfolding in Scotland and puts these into a historical and cultural context. The authors trace the emergence of the notion of the dedicated courtroom space in 19th century Scotland and the ways in which the courtroom setting affected the exercise of power through law. They show what factors led to the adoption of different architectural styles. They examine the changes in the legal, political and social world which drove such changes and how these changed in the 20th and 21st centuries. They also examine the symbolic functions of courts both internally and externally. They note the changes in the decision-makers and their goals in the 21st century and how this will lead to a very different kind of courtroom in the near future. They examine the wider factors affecting the process of litigation and trends in dispute resolution. They conclude that the goals of transparency and civil dignity have serious implications for the kinds of spaces which will serve as halls of justice in the future. Since these are driven, it seems, by financial imperatives it does not bode well for the retention of civic pride and community which the courts of justice might be said to embody.

Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the “death of the author” along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship—valorizing individuality, ownership, and originality—serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors’ abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the “death of the author” along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship—valorizing individuality, ownership, and originality—serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors’ abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

This book provides readers with a critical analysis of the restorative justice efforts of the Ovaherero and Nama communities in Namibia, who contend that they should receive reparations for what happened to their ancestors during, and after the 1904–1908 German-Ovaherero/Nama war. Arguing that indigenous communities who once lived in a German colony called “German South West Africa” suffered from a genocide that could be compared to the World War II Holocaust Namibian activists sued Germany and German corporations in U.S. federal courts for reparations. The author of this book uses a critical genealogical approach to all of this “lawfare” (the politicizing of the law) in order to illustrate some of the historical origins of this quest for social justice. Portions of the book also explain some of the historical and contemporary realpolitik barriers that stood in the way of Ovaherero and Nama activists who were asking for acknowledgments of the “Namibian genocide,” apologies from German officials, repatriation of human remains from colonial times as well as restitution that might help with land redistribution in today’s Namibia. This book shows many of the difficulties that confront those indigenous communities who ask twenty-first century audiences to pay restitution for large-scale colonial massacres or imperial genocides that might have taken place more than a hundred years ago.

What do medieval knights, suicide bombers and "victimhood culture" have in common? Betraying Dignity argues that in the second decade of the twenty-first century, individuals, political parties and nations around the world are abandoning the dignity-based culture we established in the aftermath of two world wars, less than a century ago. Disappointed or intimidated, many turn their backs on the humanitarian, universalistic culture that presumes our inherent human dignity and celebrates it as the basis of every individual's equal human rights. Instead, people and nations are returning to a much older, honor-based cultural structure. Because its ancient logic and mentality take new forms (such as social network shaming and certain aspects of "victimhood culture") -- we fail to recognize them, and overlook the pitfalls of the old honor-based structure. Narrating the history of honor-based societies, this book distinguishes their underlying principle from the post-WWII notion of dignity that underlies human rights. It makes the case that in order to revive and strengthen dignity-based culture, the concept of human dignity must be defined narrowly and succinctly, and enhanced with the principle of respect. Continuing its historical and cultural narrative, the book discusses contemporary phenomena such as al-Qaeda terrorists, shaming via social network, FoMO, and some features of the emerging "victimhood culture". The book pays homage to Erich Fromm's classic Escape from Freedom.

What do medieval knights, suicide bombers and "victimhood culture" have in common? Betraying Dignity argues that in the second decade of the twenty-first century, individuals, political parties and nations around the world are abandoning the dignity-based culture we established in the aftermath of two world wars, less than a century ago. Disappointed or intimidated, many turn their backs on the humanitarian, universalistic culture that presumes our inherent human dignity and celebrates it as the basis of every individual's equal human rights. Instead, people and nations are returning to a much older, honor-based cultural structure. Because its ancient logic and mentality take new forms (such as social network shaming and certain aspects of "victimhood culture") -- we fail to recognize them, and overlook the pitfalls of the old honor-based structure. Narrating the history of honor-based societies, this book distinguishes their underlying principle from the post-WWII notion of dignity that underlies human rights. It makes the case that in order to revive and strengthen dignity-based culture, the concept of human dignity must be defined narrowly and succinctly, and enhanced with the principle of respect. Continuing its historical and cultural narrative, the book discusses contemporary phenomena such as al-Qaeda terrorists, shaming via social network, FoMO, and some features of the emerging "victimhood culture". The book pays homage to Erich Fromm's classic Escape from Freedom.

Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

The essays presented in The Ian Willock Collection on Law and Justice in the Twenty-First Century by those who knew Ian Willock, as well as those who have been inspired by his concerns, represent the wide compass of Ian’s interests. These range from a concern with the development of legal regulation to the relationship between social change and the justice system, as well as his particular interest in the accessibility of the justice system. This tribute provides a microcosm of the changes and shifts which occurred in legal education and the legal profession in the years between 1964 and the current century. The profound impact of Ian Willock’s life work is evident through the wide-ranging essays in this collection.

In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful.To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.