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Materialism and Legal Historiography, from Bachelard to Benjamin

Author(s):  
Christopher Tomlins

As the linguistic/cultural turn of the last fifty years has begun to ebb, sociolegal and legal-humanist scholarship has seen an accelerating return to materiality. This chapter asks what relationship may be forthcoming between the “new materialisms” and “vibrant matter” of recent years, and the older materialisms—both historical and literary, both Marxist and non-Marxist—that held sway prior to post-structuralism. What impact might such a relationship have on the forms, notably “spatial justice,” that materiality is assuming in contemporary legal studies? To attempt answers, the chapter turns to two figures from more than half a century ago: Gaston Bachelard—once famous, now mostly forgotten; and Walter Benjamin—once largely forgotten, now famous. A prolific and much-admired writer between 1930 and 1960, Bachelard pursued two trajectories of inquiry: a dialectical and materialist and historical (but non-Marxist) philosophy of science; and a poetics of the material imagination based on inquiry into the literary reception and representation of the prime elements—earth, water, fire, and air. Between the late 1920s and 1940, meanwhile, Benjamin developed an idiosyncratic but potent form of historical materialism dedicated to “arousing [the world] from its dream of itself.” The chapter argues that by mobilizing Bachelard and Benjamin for scholarship at the intersection of law and the humanities, old and new materialisms can be brought into a satisfying conjunction that simultaneously offers a poetics for spatial justice and lays a foundation for a materialist legal historiography for the twenty-first century.

2019 ◽  
Vol 41 (1) ◽  
pp. 40-50
Author(s):  
Claire Colebrook

There is something more catastrophic than the end of the world, especially when ‘world’ is understood as the horizon of meaning and expectation that has composed the West. If the Anthropocene is the geological period marking the point at which the earth as a living system has been altered by ‘anthropos,’ the Trumpocene marks the twenty-first-century recognition that the destruction of the planet has occurred by way of racial violence, slavery and annihilation. Rather than saving the world, recognizing the Trumpocene demands that we think about destroying the barbarism that has marked the earth.


Author(s):  
Berthold Schoene

This chapter looks at how the contemporary British and Irish novel is becoming part of a new globalized world literature, which imagines the world as it manifests itself both within (‘glocally’) and outside nationalist demarcations. At its weakest, often against its own best intentions, this new cosmopolitan writing cannot but simply reinscribe the old imperial power relations. Or, it provides an essential component of the West’s ideological superstructure for globalization’s neoliberal business of rampant upward wealth accumulation. At its best, however, this newly emergent genre promotes a cosmopolitan ethics of justice, resistance. It also promotes dissent while working hard to expose and deconstruct the extant hegemonies and engaging in a radical imaginative recasting of global relations.


Author(s):  
Fabrizio Coticchia

Since the end of the bipolar era, Italy has regularly undertaken military interventions around the world, with an average of 8,000 units employed abroad in the twenty-first century. Moreover, Italy is one of the principal contributors to the UN operations. The end of the cold war represented a turning point for Italian defence, allowing for greater military dynamism. Several reforms have been approved, while public opinion changed its view regarding the armed forces. This chapter aims to provide a comprehensive perspective of the process of transformation that occurred in post-cold-war Italian defence, looking at the evolution of national strategies, military doctrines, and the structure of forces. After a brief literature review, the study highlights the process of transformation of Italian defeshnce policy since 1989. Through primary and secondary sources, the chapter illustrates the main changes that occurred, the never-ending cold-war legacies, and key challenges.


Author(s):  
Amy Strecker

Chapter 5 analyses the evolving conception and protection of landscape in the World Heritage Convention. First, it traces the development of landscape protection from its early conceptual dependency on nature, to the incorporation of ‘cultural landscapes’ within the Convention’s scope in 1992. It then discusses the typology of cultural landscapes, issues of representativeness and the implications of the Word Heritage system for landscape protection globally, as well as locally. In this regard, a number of cases are analysed which, on the one hand, support the World Heritage Convention’s instrumental role in landscape governance, but which on the other, highlight the problems involved in ascribing World Heritage status to living landscapes from a spatial justice perspective.


The world faces significant and interrelated challenges in the twenty-first century which threaten human rights in a number of ways. This book examines the relationship between human rights and three of the largest challenges of the twenty-first century: conflict and security, environment, and poverty. Technological advances in fighting wars have led to the introduction of new weapons which threaten to transform the very nature of conflict. In addition, states confront threats to security which arise from a new set of international actors not clearly defined and which operate globally. Climate change, with its potentially catastrophic impacts, features a combination of characteristics which are novel for humanity. The problem is caused by the sum of innumerable individual actions across the globe and over time, and similarly involves risks that are geographically and temporally diffuse. In recent decades, the challenges involved in addressing global and national poverty have also changed. For example, the relative share of the poor in the world population has decreased significantly while the relative share of the poor who live in countries with significant domestic capacity has increased strongly. Overcoming these global and interlocking threats constitutes this century’s core political and moral task. This book examines how these challenges may be addressed using a human rights framework. It considers how these challenges threaten human rights and seeks to reassess our understanding of human rights in the light of these challenges. The analysis considers both foundational and applied questions. The approach is multidisciplinary and contributors include some of the most prominent lawyers, philosophers, and political theorists in the debate. The authors not only include leading academics but also those who have played important roles in shaping the policy debates on these questions. Each Part includes contributions by those who have served as Special Rapporteurs within the United Nations human rights system on the challenges under consideration.


Author(s):  
Jon Stewart

In his Lectures on the Philosophy of Religion, Hegel treats the religions of the world under the rubric “the determinate religion.” This is a part of his corpus that has traditionally been neglected, since scholars have struggled to understand what philosophical work it is supposed to do. The present study argues that Hegel’s rich analyses of Buddhism, Hinduism, Zoroastrianism, Judaism, Egyptian and Greek polytheism, and the Roman religion are not simply irrelevant historical material, as is often thought. Instead, they play a central role in Hegel’s argument for what he regards as the truth of Christianity. Hegel believes that the different conceptions of the gods in the world religions are reflections of individual peoples at specific periods in history. These conceptions might at first glance appear random and chaotic, but there is, Hegel claims, a discernible logic in them. Simultaneously a theory of mythology, history, and philosophical anthropology, Hegel’s account of the world religions goes far beyond the field of philosophy of religion. The controversial issues surrounding his treatment of the non-European religions are still very much with us today and make his account of religion an issue of continued topicality in the academic landscape of the twenty-first century.


2013 ◽  
Vol 41 (2) ◽  
pp. 150-174 ◽  
Author(s):  
Lyn Parker ◽  
Chang-Yau Hoon

Abstract Scholarly predictions of the secularization of the world have proven premature. We see a heterogeneous world in which religion remains a significant and vital social and political force. This paper reflects critically upon secularization theory in order to see how scholars can productively respond to the, at least partly, religious condition of the world at the beginning of the twenty first century. We note that conventional multiculturalism theory and policy neglects religion, and argue the need for a reconceptualization of understanding of religion and secularity, particularly in a context of multicultural citizenship — such as in Australia and Indonesia. We consider the possibilities for religious pluralism in citizenship and for “religious citizenship”. Finally, we propose that religious citizenship education might be a site for fostering a tolerant and enquiring attitude towards religious diversity.


2020 ◽  
Vol 73 (3) ◽  
pp. 545-557
Author(s):  
Rituparna Roy

AbstractA lonely wife in Kolkata and a bachelor in London have a virtual affair, but are forced to re-think their relationship when they discover he is her brother-in-law. Charulata 2011 is an ingenious post-millennial adaptation of Tagore’s novella, Nastanir (The Broken Nest, 1901), already immortalized by Satyajit Ray in his classic Charulata (1964). This intertextuality, especially with Ray, lends an added dimension to the film, allowing Chatterjee to contrast two modernities in Bengal – the colonial and glocal – over the course of a century. Both these women gain temporary respite from their suffocating marriage through an affair, but their circumstances are vastly different. While Tagore/Ray’s heroine (like Anna Karenina, Madame Bovary and Lady Chatterley) could only bond with a man she knew, technology expands Charulata’s choice in 2011. She romances the strange and the unknown – an unseen tall dark stranger with a gift for words. While the nineteenth century Bengali heroine had to reign in her erotic impulse, her twenty-first century counterpart submits to it, though with an overwhelming sense of guilt. But there are similarities too – both are childless homemakers; have a literary sensibility; and though a 100 years apart, in both their cases, the lover eventually departs, and duty ultimately wins over passion, bringing back the duly chastened wife to the wronged husband. Charulata 2011 thus dramatizes a glocalized South Asian narrative, where the protagonist negotiates an uneasy juxtaposition of a globalized outlook on the world with the entrapment of age-old social obligations in her self.


2021 ◽  
Vol 9 (2) ◽  
pp. 186-191
Author(s):  
Simon H. Bickler

OverviewMachine learning (ML) is rapidly being adopted by archaeologists interested in analyzing a range of geospatial, material cultural, textual, natural, and artistic data. The algorithms are particularly suited toward rapid identification and classification of archaeological features and objects. The results of these new studies include identification of many new sites around the world and improved classification of large archaeological datasets. ML fits well with more traditional methods used in archaeological analysis, and it remains subject to both the benefits and difficulties of those approaches. Small datasets associated with archaeological work make ML vulnerable to hidden complexity, systemic bias, and high validation costs if not managed appropriately. ML's scalability, flexibility, and rapid development, however, make it an essential part of twenty-first-century archaeological practice. This review briefly describes what ML is, how it is being used in archaeology today, and where it might be used in the future for archaeological purposes.


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