By Prof. Austin Sarat, Lawrence Douglas, Martha Umphrey
It has lengthy been commonplace perform in felony experiences to spot where of legislations in the social order. And but, because the position of legislations indicates, the which means of the idea that of "the position of legislation" isn't really self-evident.This booklet is helping us see how the legislation defines territory and makes an attempt to maintain issues in position; it indicates how legislation should be, and is, used to create specific different types of areas -- differentiating, for instance, person estate from public land. And it seems to be at position as a metaphor that organizes the best way we see the realm. this crucial new ebook urges us to invite concerning the usefulness of metaphors of position within the layout of criminal rules.
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Extra info for The Place of Law (The Amherst Series in Law, Jurisprudence, and Social Thought)
This fact alone challenges the power of the territorial as a determining force in literature. The space-time coordinates of any given text are not only fluid when they first come into being, poorly captured by the map of geopolitics, they are also subsequently and unforeseeably revisable, induced by their temporal and spatial dis- placements to play new tricks with the static borders of the nation. 32 Territorial sovereignty, its incontestable might in one locale, forces the mind to think globally.
My hope is that this example will enable a conversation about some of the consequences of the hegemony of cul- ture outlined above. The second part of the essay turns to the uses Part- European's made of a particular kind of legal institution, the land title registration system. I argue that in Fiji, legal formalities created a set of actual places shielded from the reach of the cultural state and also a set of antihegemonic possibilities for living in the shadow of the hegemony of identity and cultural politics.
43. Mandelstam, "Conversation about Dante," 256. 44. Ibid. 45. 46-48. 46. Mandelstam, "Conversation about Dante," 257. " 47. 77-78. Sinclair's translation, 137. 42 THE PLACE OF LAW 48. "'mio figlio ov' &? ' . . / Di subito drizzato grido: 'Come / dicesti: "Egli ebbe"? Non viv'elli ancora? " I use Musa's translation, 16o. 49. " See Erich Auerbach, Mimesis: The Representation of Reality in Western Literature (Gar- den City, NY: Doubleday, 1953), 158. 50. Mandelstam, "Conversation about Dante," 257.
The Place of Law (The Amherst Series in Law, Jurisprudence, and Social Thought) by Prof. Austin Sarat, Lawrence Douglas, Martha Umphrey