This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. (...) Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law. (shrink)

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status (...) of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

David Houston Jones builds a bridge between practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example performance and installation art, as well as photography. Contemporary work in these areas responds both to forensic evidence, including crime scene photography, and to some of the assumptions underpinning its consumption. It asks how we look, and in whose name, foregrounding and scrutinising the enduring presence of voyeurism (...) in visual media and instituting new forms of ethical engagement. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence. It displays an enduring debt to the discursive model of testimony which has so far been insufficiently recognised, and which forms the basis for a new ethical understanding of the forensic. Jones's analysis brings this methodology to bear upon a strand of contemporary visual activity which has the power to significantly redefine our understandings of the production, analysis and deployment of evidence. Artists examined include Forensic Architecture, Simon Norfolk, Melanie Pullen, Angela Strassheim, John Gerrard, Julian Charrière, Trevor Paglen, Laura Poitras and Sophie Ristelhueber. The book will be of interest to scholars working in art history, visual culture, literary studies, modern languages, photography and critical theory. (shrink)

The forensic use of DNA involves the public in a number of roles. The rapid adoption of DNA identification as a part of the legal system and continuing developments have afforded little opportunity to thoroughly interrogate public understandings of issues. This article reports on a survey that explores public understanding of the forensic use of DNA: sources of knowledge, understandings of processes, and attitudes toward DNA use. Overall, knowledge about DNA use was limited, particularly around means of taking (...) samples and storage, and two thirds stated that they did not have enough information about DNA use. While the majority agreed that such use of DNA is “a great step forward,” they “would be happy to give a DNA sample if requested,” and considered DNA evidence to be important, concern was indicated about some areas, such as possible mistakes. This was particularly the case for indigenous peoples. (shrink)

Based on an ethnographic study of fingerprint and DNA evidence practices in the Swedish judicial system, this article analyses the materialization of forensic evidence. It argues that forensic evidence, while popularly understood as firmly rooted in materiality, is inseparably technoscientific and cultural. Its roots in the material world are entangled threads of matter, technoscience and culture that produce particular bodily constellations within and together with a particular sociocultural context. Forensic evidence, it argues further, is co-materialized with (...) crimes as well as with particular bodily and social constellations. Consequently, the article suggests that an analysis of how forensic evidence is produced can contribute to feminist understandings of the inseparability of sex and gender: understanding bodies as ongoing technoscientific-material-cultural practices of materialization may be a fruitful approach to analysing their complexity, and the relationships in which they are placed, without surrendering to either cultural or biological determinism. Taking a theoretical point of departure not only in an STS-informed approach, but also in material feminist theorizations, the article also underlines that the suggested theoretical conversations across borders of feminist theory and STS should be understood as a two-way-communication where the two fields contribute mutually to each other. (shrink)

Forensics is proposed as a means to understand, trace, and recompile data and computational activities. It has a securitocratic dimension and one that is being developed as a means of opening processes, events and systems into a more public state. This article proposes an analysis of forces at play in the circulation of a ‘screener’ of Quentin Tarantino’s The Hateful Eight and associated files, to suggest that forensic approaches used to control flows of data may be repurposed for dis­semination. (...) The article maps a brief history of digital forensics and sets out some of its political entailments, indicating further lines of enquiry regarding the inter-relation of technosocial powers constituted in the interactions between forensics and coun­ter-measures. The article proposes that the posthumanities are partially constituted by a renewed relationship between questions of culture, subjectivity, knowledge and the technical. Some propositions for the technical as grounds for cultural politics are made. (shrink)

The public’s understanding of forensic DNA databases remains undertheorized and few empirical studies have been produced. This article aims to address this omission by exploring the answers to an open-ended question taken from an online questionnaire regarding the reasons for individuals’ voluntarily accepting or refusing to allow their DNA profile to be included in the Portuguese forensic DNA database. The analysis is undertaken from the perspective of biological citizenship and the simultaneous empowering and disempowering effects of surveillance. The (...) results indicate a pragmatic ethical framework that is linked to the cultural and emotional elements of altruism, resistance, stigma, and social representations of what is beneficial or harmful to the individual and to society. These subjectivities are anchored in commonplace images and metaphors for genetics, DNA, and forensic science that circulate in the messages transmitted by the media which pervade everyday life; hierarchies of trust in science and the justice system; and moral categories associated with the individual self-judgment in relation to crime, surveillance, and social order. (shrink)

The forensic use of Deoxyribonucleic Acid (DNA) is demonstrating significant success as a crime-solving tool. However, numerous concerns have been raised regarding the potential for DNA use to contravene cultural, ethical, and legal codes. In this article the expectations and level of knowledge of the New Zealand public of the DNA data-bank and the surrounding processes are discussed. A questionnaire was developed in consultation with key stakeholders, comprising a combination of open and closed questions. The ensuing survey comprised a (...) sample of 100 participants. Although participants initially appeared in favor of the forensic use of DNA, particularly in regard to the collection of DNA from sex offenders, perceptions and attitudes were based on limited knowledge of processes, policies, and implications. Upon further discussion and reflection a number of concerns were raised, such as ownership of DNA samples and the potential for misuse. (shrink)

Since ancient times, tattoos were a form of expressing spiritual trends or a life style. Our country does not have a very complex culture regarding tattoos or persons who practice this kind of art and thus for their bearers the majority of existing tattoos lack a special meaning. In forensic science, by conducting physical, traumatic expertise or by postponing the punishment, we find, a lot of times, persons in detention for different criminal acts, and the examination of these (...) is necessary. According to this retrospective study, we noticed an increased frequency of biblical tattoos in the case of convicts from the prisons that belong to Forensic Institute of Medicine from Cluj. We will try to find explanations in the forensic literature for the marks they have and if these have a special meaning for them, and also for the circumstances in which these were made. We will also present the church’s point of view regarding these practices. (shrink)

On 6 September 1966, the prime minister of South Africa, Dr HF Verwoerd was killed by Mr Tsafendas, a Portuguese national of Greek descent, in parliament by stabbing him in the chest. Mr Tsafendas was a messenger in parliament. At the enquiry trial of Mr Tsafendas, he was found unfit to stand trial on the ground that he suffered from schizophrenia. The psychiatric evidence during the enquiry trial was reviewed and discussed under the following headings: Diagnosis of schizophrenia; Consideration of (...) cultural factors in forensic psychiatric settings; Delusional infestation v. extreme overvalued beliefs; Simulation of psychosis; Ethical considerations in criminal capacity and trial competency assessments. Lessons from the Mr Tsafendas enquiry trial for forensic psychiatrists where a defendant previously diagnosed with schizophrenia commits a prominent political murder, are summarised. It is emphasised that the personhood of an accused referred for forensic observation should be respected and protected, instead of focusing exclusively on a specific diagnosis. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores (...) the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:158 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. María Fernanda Olarte-Sierra and Tania Pérez-Bustos Careful Speculations: Toward a Caring Science of Forensic Genetics in Colombia Feminist Science and Technology Studies (STS) has recently opened up the question of care as a set of practices related to the sustainability of life.1 The field of feminist studies more broadly has extensively 1. This literature mostly comes (...) from Northern contexts and started to flourish with the seminal work of María Puig de la Bellacasa, “Matters of Care in Technoscience: Assembling Neglected Things,” Social Studies of Science 41, no. 1 (2010): 85–106. This essay gathers scattered feminist STS reflections on these issues and looks at them through the lens of care, including authors such as Susan Leigh Star, Donna Haraway, Isabelle Stengers, Hilary Rose, and Annemarie Mol. The concept of care orienting this exercise of rereading these authors is proposed by Berenice Fisher and Joan Tronto, “Toward a Feminist Theory of Caring,” in Circles of Care: Work and Identity in Women’s Lives, ed. Emily K. Abel and Margaret K. Nelson (Albany: State University of New York Press, 1990), 35–62. Before and after that essay came out, Puig de la Bellacasa published several other papers related to this issue, including “Touching Technologies, Touching Visions. The Reclaiming of Sensorial Experience and the Politics of Speculative Thinking,” Subjectivity 28, no. 1 (2009): 297–315; “‘Nothing Comes without Its World’: Thinking with Care,” The Sociological Review 60, no. 2 (2012): 197– 216; “Ethical Doings in Naturecultures,” Ethics, Place & Environment 13, no. 2 (2010): 151–69; “Making Time for Soil: Technoscientific Futurity and the Pace of Care,” Social Studies of Science 45, no. 5 (2015): 691–716; and Matters of Care: Speculative Ethics in More than Human Worlds (Minneapolis: University of Minnesota Press, 2017). All these publications have been widely cited by other authors, particularly in a special issue of Social Studies of Science on the politics of care published in 2015 (volume 45, issue 5). Other examples María Fernanda Olarte-Sierra and Tania Pérez-Bustos 159 studied how care, and associated practices such as transnational care chains, are feminized and precarious—involving an ethos embodied by those who actively work to maintain or preserve another’s life. Feminists have focused on the politics of care embedded in invisible jobs related to aesthetics, domestic work, child and elder care, and sexual activities and see all these tasks as related to the reproduction of life and culture.2 Central to this conceptualization of care is the understanding that these jobs are typically women’s work. There is a common association between this care and notions of “motherhood” as it relates to values such as compassion, love, and respect, which have been constructed as universally feminine. However, the main goal of feminist studies of care has been to deconstruct this association, particularly because it is imbued with the white, wealthy, heteronormative ideal of femininity that underlies a gendered division of labor. The reality is that class, race, nation, and gender determine who cares for whom, whether or not labor is paid, and to what extent care is exploitative. One strand of recent research problematizes both valorizing and criticizing care practices on the grounds that they are based on a rather homogeneous understanding of the feminine. Instead, these scholars seek to resurrect valuable feminist work without relying on essentialism of authors contributing to this discussion on care as an ethos for science include Ruth Müller and Martha Kenney, “Agential Conversations: Interviewing Postdoctoral Life Scientists and the Politics of Mundane Research Practices,” Science as Culture 24, no. 4 (2014): 537–59; Charis Thompson, Good Science: The Ethical Choreography of Stem Cell Research (Cambridge, MA: MIT Press, 2013); and Carrie Friese, “Realizing Potential in Translational Medicine: The Uncanny Emergence of Care as Science,” Current Anthropology 54 (S7): S129-S138. 2. From Latin America, see, for example, Luz Gabriela Arango Gaviria, Adira Amaya Urquijo, Tania Pérez-Bustos, and Javier Pineda Duque, eds., Género y cuidado: teorías, escenarios y políticas (Bogotá: Universidad Nacional de Colombia, 2018); Pascale Molinier and Luz Grabriela Arango Gaviria, eds., El trabajo y... (shrink)

This essay examines the ways in which dead bodies were transformed by traditional Chinese forensic methodology into objects of postmortem examination during the Qing dynasty. The Qing authorities implemented various devices to standardize not only the forensic examination as an administrative procedure but also the cognitive activities involved, such as corpse observation, wound interpretation, and transcription. The essay argues that these devices, such as the official forensic manual, formalized documents, and strict norms of documenting, were constituents of (...) a specific pattern of perception that normalized the ways in which a corpse should be regarded and understood so as to bear forensic significance. Although this pattern of perception led to a rigid vision of crimes and the consequent corporeal damage, it enabled forensic reasoning to function like an operational procedure, which presented certain advantages with regard to the particular legal culture of the Qing era. (shrink)

This article foregrounds an unofficial, “dark” strand of shamanic revival, which lies at the interstices of local inspirational religion and the state’s law in a Siberian periphery. Focusing on consultations concerned with ritual healing and counter-cursing in the Russian Republic of Tuva/tyva, southern Siberia, the article documents a field of metaphysical disorder which is governed by shamans as purveyors of “forensic” evidence of cursing and as arbiters of justice. The data on counter-cursing consultations evince a social perception of shamanism (...) as a redress for kinds of violence which transcend the limits of state law. Drawing on two shamanic narratives of affliction and its professionalization as a charisma for healing and revenge respectively, the article argues that a new kind of “forensic” evidence of crime and violence emerges from the materials on counter-cursing in Kyzyl. (shrink)

Many areas of genetic research, genetic forensics and genetic essentialism are treated in public sphere debate as suspicious and problematic or are subject to waves of moral panic. In cultural theory, likewise, strong critiques of the genetic essentialism emerge as part of a broader critical assessment of the discourses of the biological sciences and the assertion of a connection between genes and human behavior. However, the scientific and popular claim to the existence of a “gay gene” is not treated in (...) the same way, and has been widely celebrated both within lesbian/gay culture and more broadly in liberal-humanist speech. This essay suggests that it is not enough to presume that this is a result of the extension of essentialism into new popular understandings of human biology. Rather, this essay examines five reasons which have made the popular acceptance of a “gay gene” tenable: the dominance of “gay personage” arguments, the continued influence of early sexology, the suspicion of psychological and constructionist approaches to lesbian/gay sexualities, the effectiveness of genetic essentialism in“ethnic rights” political approaches and the continued centrality of “fixed subjecthood” in contemporary western culture. (shrink)

We would like to open some questions here about the institutional and cultural conditions of anything that might be called cultural studies or multiculturalism. By introducing cultural studies and multiculturalism many intellectuals aim at a more democratic culture. We share this aim. In this essay, however, we would like to argue that the projects of cultural studies and multiculturalism require: a more international model of cultural studies than the dominant Anglo-American versions; renewed attention to the institutional environments of cultural (...) studies; and a questioning of the relations between multiculturalism and identity politics. We seek less to “fix” these problems than to provide a critical analysis of the languages, the methods of criticism, and the assumptions about identity, culture, and politics that present the problems to us. Because the thickets entangling what our group calls cultural studies are so deeply rooted in Western academia, which to a large degree constitutes our own group, the counterexample of cultural criticism in other contexts can be more than usually instructive. We begin by considering the position of cultural studies in China, since our group includes a number of Chinese intellectuals, on whose experience the following section is largely based. The Chicago Cultural Studies Group began meeting in June 1990. It includes Lauren Berlant, David Bunn, Vinay Dharwadker, Norma Field, Dilip Gaonkar, Marilyn Ivy, Benjamin Lee, Leo Ou-fan Lee, Xinmin Liu, Mathew Roberts, Sharon Stephens, Katie Trumpener, Greg Urban, Michael Warner, Jianyang Zha, and Jueliang Zhou. (shrink)

Qu’est-ce donc que la musique des aliens ou pour les aliens? Des cinq notes de la mélodie de Rencontres du troisième type aux explorations sonores de Sun Ra ou des intelligents dansants de l’électro, elle n’est peut-être que l’expression la plus accomplie d’une tendance très humaine à projeter sur l’extraterrestre certains reflets plus ou moins déformés de soi, surjouant quelque insaisissable mystère, révélation ou écart incompressible venu de l’ailleurs pour retrouver finalement, tout là-bas, une bribe d’ici.

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)