Considering the overwhelming amount of media products that we are subjected to in the 21stcentury and the way in which those inevitably influence our perception of reality, this research pays specific attention to the role of the media in the construction and enhancement of stereotypes in everyday life, via the language or, more specifically, specialized languages. In particular, this paper aims to investigate an American legal TV series in order to analyze the way in which legal English is (...) used in dialogues. The major research questions are: to what extent such a kind of specialized discourse may be really understood by the greater audience? How does legal drama participate in the shaping of stereotypes relating to the legal environment in the country where it is produced, and cross-culturally, bearing in mind the prominence of “made in the USA” products in the television programming across the world? Ultimately, in the light of the previous questions, should the growing field of research in audiovisual translation extend its investigation into the area of legal English? Taking into consideration the seminal work of Pedersen and Diaz Cintas in the field of Audiovisual Translation, the study will examine the subtitling techniques employed for this atypical genre. Through the analysis of a corpus comprising several dialogues from a collection of episodes of the legal show Reckless, the paper will mostly focus on gender representations and their most common linguistically enhanced stereotypes. (shrink)

(2002). Scarlet Letter or Chastity Belt? What Legal Dramas of the Twenty-first Century are “Telling” Law Students about a Career in Law. Legal Ethics: Vol. 5, No. 1, pp. 90-102.

The exhibition is proposing a different reading of the legal text, reading against the grain of pre-conceived structures in order to re-chart the system of our relations with ourselves and with various communities; both territorial communities as well as those constructed ad hoc, based not on blood or territorial ties, but on shared values and beliefs. The exhibition raises the question of how the law literally produces us: both as individuals and as citizens, establishing a framework of our presence (...) in public space as well - its legality or illegality. It also questions the different meanings of a 'civil body', a 'legal thing', or a 'legal slave'. How do legal rituals and narratives influence and shape our existence? Exhibition: Neue Gesellschaft für bildende Kunst, Berlin, Germany (09.03. - 07.05.2017). (shrink)

The article analyzes the problem of Ukraine's development since independence. A comparison of the way of organizing social reality in modern Ukraine and in the Soviet period is carried out. The main regulatory factor in the life of Soviet society was the principle of domination. Ukraine has inherited the principle of domination and retains its leading role in the current social order. Its various manifestations that determine the structure of Ukrainian society, in particular the growth of the bureaucratic class and (...) bureaucratic pressure on all spheres and sections of life, are analyzed. The dominance of bureaucracy contains latent violence, feeds corruption and minimizes social dynamics. It is also a phenomenon of power rent, which finds its expression in a kind of "privatization of the state." Another universal effect of the principle of domination is the doubling of social reality into apparent and hidden. The apparent reality becomes a space for the existence of ordinary citizens and the implementation of legal procedures, while the hidden one contains a system of real circulation of power, which is not regulated by any legal regulations, instead, controls all movements of the social body. The systemic role in the hidden society is played by cliques — informal groups of influential people who really control the course of events. The con- sequence of the principle of domination is the passivity and marginalization of the Ukrainian citizen, associated with the defect of political participation. Such non-participation in power is embodied in such forms of consciousness as hope, liking, and despair. Today, independence is not a given, but a chance that must be realized. The way to this is through the restoration of the role of the people as a sovereign power and the development of non-dominant regulatory factors of sociality. (shrink)

Films depicting educational relationships typically emphasize personal connections between students and teachers over the educational goals that such relations facilitate. In doing so, these films raise the question of how teachers stand in relation to their institutional roles in such a way as to inspire students’ desires for knowledge. In this paper, in order to examine the influence of institutional roles in defining teacher–student relationships, we analyze “The Paper Chase,” a film in which teacher and student have no personal connection (...) but in which the drama of student desire is nonetheless clearly featured. Drawing from Plato’s erotics, in which the soul is shaped by desire for that which it lacks, and from Jacques Lacan’s theories of desire and transference, we argue that “The Paper Chase” portrays educational desire as rooted in the differential of authority between teacher and student. (shrink)

Review of the film Suffragette, written by Abi Morgan and directed by Sarah Gavron, considering its use of fiction to explore women’s history, comparing it to other dramatic treatments of the suffrage campaign, its historical accuracy and its portrayal of the legal and social position of women, and wives, during the early twentieth century.

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

"Law week soccer competition: 16-19 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 25.

I make a case for a non-Aristotelian reading of Kant’s moral philosophy. In particular, I distinguish between two activities called “self-legislation”: Aristotelian and Kantian. Aristotelian self-legislation is the activity of determining the organizing principle of our own practical life. Every action of ours takes part in this project, which is thus part of the principle of every action. In contrast, not all actions are acts of Kantian self-legislation. To legislate for ourselves in this sense is to be involved in an (...) internal legal drama in which we demand of ourselves, by an internal force, to respect moral duties. Moral normativity, I argue, is thus separatedfrom practical normativity in general. Kant’s notion of self-legislation is part of an attempt to substantiate an absolute conception of morality: to substantiate the idea that our value is higher than that of other things, and yet incomparable. I argue that the notion of self-legislation cannot be part of such an account if understood the Aristotelian way. (shrink)

The right to a fair trial as a fundamental human right has been widely established in the international community. While the notion of a fair trial is typically associated with procedural safeguards, fairness can be reflected in spatial dimensions. Courtroom design, apart from achieving its main functional objectives, reflects the institutional ideology of how justice can be staged in public. In alignment with the perspective that courtroom as theatre consists of a sign system, this paper adopts a semiotic approach to (...) the courtroom setting of Chinese criminal trials. With a thick description of space, mobility and attire, it attempts to probe into how judicial ideology is symbolically framed in the field. Drawing from ethnographic fieldwork of three courts, this paper discusses how courtroom space is constructed semiotically as a performative stage on which legal dramas unfold. Ultimately this paper argues that a semiotic investigation of Chinese courtrooms will shed light on an understanding of its judicial value, ideology of justice and dynamics of power relationship. (shrink)

I make a case for a non-Aristotelian reading of Kant’s moral philosophy. In particular, I distinguish between two activities called “self-legislation”: Aristotelian and Kantian. Aristotelian self-legislation is the activity of determining the organizing principle of our own practical life. Every action of ours takes part in this project, which is thus part of the principle of every action. In contrast, not all actions are acts of Kantian self-legislation. To legislate for ourselves in this sense is to be involved in an (...) internal legal drama in which we demand of ourselves, by an internal force, to respect moral duties. Moral normativity, I argue, is thus separatedfrom practical normativity in general. Kant’s notion of self-legislation is part of an attempt to substantiate an absolute conception of morality: to substantiate the idea that our value is higher than that of other things, and yet incomparable. I argue that the notion of self-legislation cannot be part of such an account if understood the Aristotelian way. (shrink)

One feature of the neo/liberal possessive self is the propertied character of certain beliefs: treated as belonging to those who hold them, recognized and supported in acting on the world, and protected. While an ownership paradigm predates anti-discrimination and human rights regimes, these regimes have consolidated and extended the propertied status of certain identity beliefs in ways that naturalize and siloize them. But if beliefs’ propertied character is politically problematic, can it be unsettled and reformed? This paper considers one possible (...) mode for doing so, namely play. Oftentimes, play works to secure and assert the propertied attachments people have to their beliefs; but some forms of play offer other possibilities. Focusing on the state as a complex site of play relations and encounters, this article explores how state play engages identity beliefs in a contemporary legal drama of colliding beliefs between conservative Christians and liberal gay equality advocates. (shrink)

Do UK community pharmacists encounter the high drama dilemmas of the medical ethics literature or is a 'morality of the mundane' more appropriate? This paper presents the findings of a qualitative study that asked a sample of UK pharmacists to describe their ethical issues and to establish whether these were ethical dilemmas as understood philosophically or ethical problems of a more legal or emotional nature. It emerged that although many pharmacists referred to 'dilemmas', these were often problems involving (...) a conflict between an ethical value and a legal or procedural issue and often arose in the routine minutiae of dispensing prescriptions and selling medicines. Such ethical problems remained of concern for pharmacists and the commercial environment, corporate pharmacy ownership and pharmacists' subordination to doctors, all precipitated ethical problems. Law and ethics appeared to be understood synonymously but this may reflect a modernity that increasingly brackets out ethical experiences by encouraging reliance upon law and procedure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A GENERAL THEORY OF FICTION by James D. Parsons When nelson Goodman writes, "All fiction is literal, literary falsehood," he seems to be disregarding at least one noteworthy tradition.1 The tradition I have in mind includes works by Jeremy Bendiam, Hans Vaihinger, Tobias Dantzig, Wallace Stevens, and a host ofother writers in many fields who have been laboring for more man two centuries to clear the ground for (...) a general theory of fiction. Such a general dieory would, if its exponents are right about its relevemce, be situated at the very heart of die law, literature, religion, science, mathematics — in fact, of humem life itself. Fiction dien would be no neirrow litereiry falsehood, but a kind of pressure, eis Wedlace Stevens said, which die imagination exerts "against die pressure of reality," and which "helps us to live our lives,"2 or, in Hans Vaihingens metaphor, "a scaffolding afterwards to be demolished" 3 — that is, elfter it heis served its constructive purpose. A fiction is a vitally useful creation of die mind corresponding to nothing in the real world. Most people eire aware of some of these fictions, from the perfect geometric figures of Euclid to the black box of contemporary axiomatics. There are many odiers. The notion diat all human beings are equal before die law is a fiction that can serve opposing purposes: it can work as an instrument for securing greater justice in the courts and in society, or it can function as ceimouflage, helping to perpetuate em unjust legal system and em oppressive social order — emd probably in any actual situation it serves both purposes at once. In die science of mechanics the idea of a pure vacuum, in which moving objects meet with no resistance, was for some centuries a useful fiction diat made possible the exact mathematiced analysis of motion in memy forms — another useful fiction. The notion of normality in psychology — mat diere is a universal standard of reference for human behavior — is stdl utilized by clinical and laboratory workers in the field, in spite of the metssive sociological emd ethnographic criticisms that have been leveled against it. In science generally, the idea that 92 James D. Parsons93 diere is a community of experts who by dieir combined influence decide what the trudi is in every field is a fiction diat seems to have come to the end of its usefulness, diough some philosophers have written about it as if it were a reality and not a fiction at edl. The fictions I have cited so far are none of them literary, nor être diey fedse in the ordinetry meaning of the word. They are simply not true; they describe nothing mat exists, except in die mind, emd cem be considered false only if one forgets what they eire emd tries, illegitimately, to apply tests of trudi to them in a direct way. Among the fictions mat might be called literary are the fictions derived from mydis. Now, a myth is a story told in answer to a question or a series of questions that has never been asked, eidier about the real world or (most likely) about the perennial performance of a ritual. The mydi is designed to forestall the questioning, because the questions that might be raised would be too embarrassing or because questions about some aspects of reality ceuinot be formulated without distorting our relation to them. These are the aspects of reedity that can be viewed only out of die corner of the eye, that disappear when we focus our gaze upon diem, and mat can be identified only indirectly.4 The more explicitly fictional devices, too, of poetry, drama, and the novel develop out of the attempt to achieve some sort of cognizeuice of the seune aspects of reality that are related in mydis. I do not meetn to imply that literature, of which mydi is a part, is concerned only with such disconcerting or evanescent aspects of reality. Literature, like all the great realms of culture, is concerned with the whole of reality. It has to be, omerwise its more passionate, its more ediereed concerns would have no lodging place, no environment in which to maintain... (shrink)

Antigone’s afterlives in Ireland have always enacted critical gestures of social protest and mourning that expose the fundamental fragility of human rights caught up in the symbolic conflict between oppressors and oppressed. This paper seeks to explore the scope of rereading certain Irish figurations of Antigone – the exemplary text of European humanism – through a posthumanist lens that unveils new and radical understandings of modern injustices, legal fissures, and capitalist insinuations of an “inhuman politics” against proletarian minorities in (...) twentieth-century Irish society in transnational contexts. The possibilities of a posthumanist theorization of Antigone at the intersection with gender, class, and human rights, reflect the connecting threads, political, aesthetic, and critical, between two texts: an early twentieth-century anonymous poem titled “The Prison Graves” dedicated to Irish human rights activist and revolutionary Roger Casement and an unpublished play-version of Antigone by Aidan C. Mathews in 1984, dedicated to René Girard. Written and produced as a critique of systematic institutional violence and neoliberal capitalist oppression during the epoch of the anti-revolutionary zeitgeist, the myth of Antigone shifts its dialectic from the nationalist nostalgia of “The Prison Graves” to the play-version of the Cold War era to reciprocate a counter-protest against the passing of the Irish Justice Bill. Antigone is reimagined as a hypochondriac resident of the slums of the proletariat and a member of a degenerate acting troupe. Her classical (mythical), aristocratic (white, European, Western) figure has become a posthuman commodity: a proletarian actor now, she performs the same role for millennia in a post-nuclear contaminated prison state in Thebes/Dublin. Peteokles is a bourgeois-turned-rebel mediary; Polyneikes is remembered as a communist terrorist who has been airbrushed from the records of the police state; a bibliophile Ismene religiously reads Aleksandr Solzhenitsyn’s The Gulag Archipelago, and the Chorus is the real state oppressor. (shrink)

Research on authentic learning has been predominantly focussed on skills-based training: there is a paucity of research on models of authentic learning available for adaptation in the humanities undergraduate classroom. In this article, I will seek to address this gap by proposing that legal trials are ideal models for designing authentic learning scenarios in undergraduate teaching and learning contexts, with a specific focus on the humanities. First, I discuss why and how the structure of legal trials can produce (...) authentic learning environments. Second, I present an undergraduate classroom project that combined two disciplinary fields – Shakespearean drama and criminal law – in an effort to enhance student learning and engagement. I outline how the authentic learning scenario was implemented and evaluated and, finally, reflect on the barriers, challenges and potentially transformative effect of authentic learning environments on students and educators. This new intervention combines legal studies... (shrink)

Corporations are facing a growing demand for the transparency of political contributions. In the United States, this demand has largely focused on the implementation of a mandatory disclosure law. It rests on the assumption that legal enforcement can make it easier to observe the ties between corporations and political parties. In this study, I challenge this assumption. I build my case by first developing a conceptual foundation of corporate political transparency. I argue that in the absence of economic benefits, (...) legal enforcement has a limited effect on CPT. Instead of encouraging transparency, mandatory disclosure can lead to the concealment of corporate political contributions. To develop a model of concealment, I borrow the characterizations of disguise from theatrical drama. Using the context of Indian firms, I show the limitation of mandatory disclosure and the efficacy of regulatory incentive. My study highlights the need for a broader debate on CPT to understand the relative implications of regulatory policies. (shrink)

Despite our moral misgivings, retributive canons of justice-the return of evil to evildoers-remain entrenched in law, literature, and popular moral precept. In this wide-ranging examination of retribution, Marvin Henberg argues that the persistence and pervasiveness of this concept is best understood from a perspective of evolutionary naturalism. After tracing its origins in human biology and psychology, he shows how retribution has been treated historically in such diverse cultural expressions as law codes, scriptures, drama, poetry, philosophy, and novels. Henberg considers (...) retributive thought in light of contemporary moral theory and current social and political concerns and advances his own theory of the morality of legal punishment."Retribution is no single doctrine or unified set of doctrines, but rather a sprawling variety of doctrines, many of them at odds with one another," observes Henberg. He suggests that understanding retributive thought as the quest for solace in the face of suffering helps to explain its variable nature. Since there is no single defensible moral criterion for identifying exact retaliation, culture is more important than nature in selecting among retributive practices. Typically, some forms of retribution are culturally approved, while others are disapproved. In place of the mistaken tendency to think of legal punishment as morally justified, Henberg maintains that legal punishment should be thought of as morally permitted. Author note: Marvin Henberg is Professor and Chair of the Department of Philosophy and Director of the University Honors Program at the University of Idaho. (shrink)

"In the second half of his life, Bertrand Russell transformed himself from a major philosopher, whose work was intelligible to a small elite, into a political activist and popular writer, know to millions throughout the world. Yet his life is the tragic story of a man who believed in a modern, rational approach to life and who, though his ideas guided popular opinion throughout the twentieth century, lost everything." "Drawing on thousands of documents collected at the Russell archives in Canada, (...) Monk steers through the turbulence of Russell's public activities, scrutinizing his sometimes paradoxical and often outrageous pronouncements. Monk's focus, however, is on the tragedy of Russell's personal life, and in revealing this inner drama Monk has relied heavily on the cooperation of Russell's surviving relatives and access to previously unexamined legal and private correspondence."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Staging History:Aesthetics and the Performance of MemoryBelarie Zatzman (bio)I want to talk about a certain time not measured in months and years. For so long I have wanted to talk about this time, and not in the way I will talk about it now, not just about this one scrap of time. I wanted to, but I couldn't. I didn't know how. I was afraid, too, that this second (...) time, which is measured in months and years, had buried the other time under a layer of years, that this second time had crushed the first and destroyed it within me. But no, today, digging around in the ruins of memory, I found it fresh and untouched by forgetfulness. This time was measured not in months but in a word—we no longer said "in the beautiful month of May," but "after the first 'action' or the second or right before the third. We had different measures of time, we different ones, always different, always with that mark of difference....—Ida Fink, A Scrap of Time and Other Stories1What are the boundaries of remembering? How do we make manifest the ruins of memory? How do we enter that time not measured in months and years? How do those not directly affected by the Holocaust encounter its meaning? How do we move toward the performance of memory with youth as co-creators, when we must be awake to the act of staging histories "both remembered and not remembered, transmitted and not transmitted"?2 In designing aesthetic practices of remembrance in the present, we face both the specificity of time and the collapse of time as a way of knowing. This paper articulates the design of a project, titled "Wrapped in Grief," in constituting personal and public memory in the aesthetic space made available by arts education. How can our drama work "capture the aesthetic of memory, its instability and its contingency"?3 "Wrapped in Grief" responds [End Page 95] to these questions about the performance of memory by articulating a process for constructing and rehearsing our own identities among the narratives of others, present and past. Contemporary research examining memory and memorial underscores the fact that in provoking history as an act of remembrance for a new generation, we are narrating a sense of self. The paradox of re-telling these personal and public histories is that we are playing out that which cannot be represented. In this sense, drama education offers an aesthetic frame that allows us the possibility "to be the story and to repeat its unrepeatability."4"Wrapped in Grief" was produced with youth between the ages of twelve and sixteen years old. As a Holocaust memorial project, it was designed as a scaffolded pedagogy in which historical contexts became the foundation informing all of the exploration that followed. First, young people created tableaux to locate particular events during the Holocaust; for example, Kristallnacht (9-10 November 1938), the Warsaw Ghetto uprising (19 April-16 May 1943), the book burnings of 10 May 1933, and the White Rose movement (public demonstrations against the Nazi regime by a network of students and faculty in Germany, 1942-43). The second stage of this arts education project asked participants to work on the identification of loss in their own lives, in juxtaposition to the historical archive with which they had been presented. "Wrapped in Grief" culminated in the staging of a mise-en-scene of memory, in which the young people fashioned large-scale sculptures as an artifact of their experience of memorial.The aesthetic frame that circumscribes the design of this "Wrapped in Grief" structure is threefold, and it takes up the challenge of staging history by (1) creating narrative relationships between diverse texts—autobiographical, legal, documentary; scripts, photographs, visual art forms; diary, memoir, survivor testimony; (2) exploring the relationship between the range of source materials and the students' personal and artistic reflections about them through writing, images, improvisation, tableaux, movement, scene study, or visual art activities; and (3) considering our relationship not only to the Holocaust, itself, but to how it shapes our lives in the present. As such, "Wrapped in Grief" stands... (shrink)

Developing critical thinking ability is one of the main goals of medical education, in part because it enhances clinical reasoning, a vital competence in clinical practice. However, there is limited evidence suggesting ways to effectively teach critical thinking in the classroom. Here, we describe the use of a drama-based critical thinking classroom scenario. The study used a mixed-methods approach with both quantitative and qualitative analysis of questionnaire responses. Ninety-one medical students in Colombia were asked to identify and evaluate arguments (...) regarding a dilemma between ethics, social responsibility and scientific work presented in the play Should’ve by the Nobel laureate Roald Hoffmann. Chi square analyses of responses to closed-ended questions showed that the drama-based classroom scenario provided learners with opportunities to make decisions, and to identify and evaluate arguments from the play. Qualitative analysis of responses to open-ended questions confirmed these findings and illustrated the processes underlying the decisions. Students were able to evaluate arguments in an impartial way. Our findings support the use of drama-based scenarios in the classroom as an approach to fostering medical students’ critical thinking. This approach could contribute to a classroom pedagogy in which all students have an active role in responding to controversial questions, evaluating arguments and critically responding. This would support the development of critical thinking and promote deeper understanding of the dilemmas involved in scientific work. (shrink)

Tough Decisions presents many of the complex medical-ethical issues likely to confront practitioners in critical situations. Through fictional but true-to-life cases, vividly described in clinical terms, the authors force the reader to choose among different courses of action and to confront a range of possible consequences. A two-year-old has been diagnosed with a malignant brain tumor. Who should be allowed to make decisions about the child's surgery and subsequent therapy, and on what basis? A family history of Huntington's disease emerges (...) when a fiancee seeks genetic counseling. Who should be informed? An elderly patient suffers a cardiac arrest. Should "do-not-resuscitate" orders always be followed? How should legal liability affect medical decisions? Other ethical issues considered include surgical complications, patient autonomy, rights of the retarded, informed consent, euthanasia, and the fair allocation of finite resources. Each case presented conveys the drama and pressure of weighing alternatives, and the realistic consequences of the choices made. The authors show that ethical decision-making is not limited to "matters of life and death", and that it is not the decision but the ethical process by which it is made that gives the decision moral integrity. With realistic detail, Tough Decisions brings to life and makes the student share in the many complexities of ethical decision-making when the health and lives of patients are at stake. (shrink)

Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of (...) drama, painting, sculpture, dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index. (shrink)