Law, Culture & the Humanities 2012: Panel on “Global Citizens: Violence and the Transnational Subject”

This past weekend in Fort Worth, TX, I was pleased to be part of the 2012 Annual Meeting of the Association for the Study of Law, Culture, and the Humanities. This year’s theme was “Representing Justice.” Tweets can be found at #ASLCH.

Audrey Golden, Nicolette Bruner, and I formed a law and literature panel called Global Citizens: Violence and the Transnational Subject, graciously chaired by Marc Roark of The Literary Table. Here are the paper abstracts:

Translating the ‘Self’ from Central and Eastern Europe: Putting Theory to Practice thought the Works of Aleksandar Hemon and W.G. Sebald by Audrey Golden

The second half of the twentieth century has borne witness to forced migration and statelessness in numbers previously unimaginable within modernity. Through the works of Aleksandar Hemon, a Bosnian-American émigré writer, and W.G. Sebald, a second-generation German novelist, this paper looks to the narratives of displaced persons and questions the role literary theory might play in imagining the processes of transnational movement and of internal “self-translation” that emigrants must undertake. This paper conceives a broader and more abstract model of “translation” that looks beyond natural language to include a cultural self-translation, and then asks if such a process is fraught with previously unimagined identity problems, or whether, although stemming from acts of violence, translating oneself might have ameliorative qualities for an individual caught between places, or in “nowhere” spaces.

Corporate Citizenship as U.S. Empire in Richard Harding Davis’s Soldiers of Fortune by Nicolette Bruner

Published in 1897, Richard Harding Davis’s novel, Soldiers of Fortune, describes the travails of a mining company that operates in the fictional Latin American country of Olancho, a thinly-veiled version of Cuba. The hero, filibustering engineer Robert Clay, facilitates the success of the corporation through military and financial interventions in Olancho. Meanwhile, Clay romances and marries Hope, the young daughter of the sole owner of the company’s stock. In this paper, I examine how Davis complicates the boundaries between corporate employer and human employee even as he glorifies the deeply unequal relation between U.S. corporations and the countries they exploited for profit. Corporate imperialism, as represented by the incursion of the U.S. citizen stockholder and his employees upon Latin American territory, becomes more than a matter of domination, but also an illustration of the complex interdependencies between business, storytelling, and violence in the fin de siècle.

Another Vietnam: War, The Archive, and the USS Kirk by Mai-Linh K. Hong

In late 2010, National Public Radio (NPR) aired a special series about the USS Kirk, a U.S. naval ship that was sent during the fall of Saigon to rescue the “remnants” of the South Vietnamese navy. The rescue was accomplished partly by transferring the Vietnamese ships’ sovereignty to the U.S. through a change of flags, a peaceful, quasi-legal transformation that dislodges the conventional Vietnam War narrative of violence and moral failure. Placing this “never before told” redemption story in the context of today’s U.S. war in Afghanistan, my project examines NPR’s historical revisionism and its production of a new visual iconography for the war that has haunted all later U.S. wars. I argue that, with “the archive” a site of suspense in the Wikileaks era, the rewriting of Vietnam must be understood as a response to contemporary anxieties about American imperialism, militarism, and national identity.

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Law, Culture & the Humanities Graduate Student Workshop

From the Association for the Study of Law, Culture and the Humanities:

The Association for the Study of Law, Culture and the Humanities (ASLCH) welcomes applications for its first ever Graduate Student Workshop, to be held March 15, 2012. The half day Workshop immediately precedes the ASLCH Annual Meetings, to be hosted by Texas Wesleyan University School of Law March 16-17, 2012. Applicants can be graduate students from any discipline or law students with scholarly interests in Law, Culture, and the Humanities.

The Workshop’s aims are to promote the future development of the field of Law, Culture and the Humanities through the development of our junior colleagues by bringing together graduate students and established scholars in Law, Culture, and the Humanities. During seminars, panel discussions, informal conversation, and shared meals, we will discuss scholarly work, give feedback on student research projects, address issues pertinent to professional development, and facilitate scholarly networks between graduate and faculty colleagues by encouraging intellectual community.

The Graduate Student Committee of ASLCH for 2011-2012, who will be planning the Workshop, includes Paul A. Passavant, Chair (Department of Political Science, Hobart and William Smith Colleges), Austin Sarat (Departments of Law, Jurisprudence, and Social Thought and Political Science, Amherst College), Stewart Motha (Kent Law School, University of Kent), Marianne Constable (Department of Rhetoric, University of California, Berkeley), and Ravit Reichman (Department of English, Brown University).

ASLCH will subsidize the participation of up to 15 successful graduate student applications. The deadline for applications is Friday December 2, 2011. Applications should be sent electronically to Professor Paul A. Passavant, Department of Political Science, Hobart and William Smith Colleges (Passavant [at] hws.edu).

Applications should include a Curriculum Vitae (CV), the title and abstract of the student’s proposed paper for the ASLCH Annual Meetings March 16-17, 2012, and a letter not longer than two pages describing the student’s status in graduate school, the student’s dissertation or significant interest in Law, Culture, and the Humanities, and what the student hopes to gain from attending the Workshop.


Osnabrück Update: Law, Literature, and the Nation

Law, Literature, and the Cultural Presence of the Law,” a workshop convened by Claudia Lieb and Brook Thomas as part of the Summer School, has been examining the many possible relationships between law and literature by focusing on “the nation” as a site of disciplinary convergence.

The workshop’s well-structured reading list began by tracing the history of citizenship and the nation-state, and moved on to literary theory treating law and the nation, including work by Guyora Binder/Robert Weisberg and Homi Bhabha. As a “law and literature” case study, the workshop then examined E.E. Hale’s Civil War-era short story, “The Man Without a Country” (1863) in view of the historical controversy that inspired it: Clement Vallandigham, a Union politician, was arrested and punished for speaking out against the Civil War. The Vallandigham case sparked a “reply” by President Abraham Lincoln arguing that the government may, during times of rebellion, suspend habeas corpus, prohibit anti-war speech, and try protesters in military court. The case raised constitutional issues that have resurfaced several times in U.S. history, most recently, of course, during the wars in Iraq and Afghanistan.

Hale’s patriotic short story should interest those who study nationalism and citizenship. It concerns a young American man who speaks out against his country and is sentenced to spend the rest of his life never seeing or hearing another word about the United States. Over time, the man (named Nolan, a play on “no land”) feels the loss of his country deeply and by the end of his life is a fully reformed, though still exiled, patriot. Although the story is fictitious, Thomas notes, some readers took it to be true and its nationalistic message resonated widely; it was a staple of American high school curricula until the 1970s and has experienced something of a revival since 9/11.


Storytelling and Human Rights: Osnabrück Summer School Keynote Available Online

Kay Schaffer’s keynote lecture, “Revisiting Human Rights and Narrated Lives: Aims, Methods, Contexts,” is now available online.


Osnabrück Summer School on Law, Language & Culture: Methodology Reading List & Keynote Talk

Greetings from Osnabrück, Germany, where I am attending the International Summer School on the Cultural Study of the Law, this year themed “Correlations: Law, Language and Culture.” The program is an annual, two-week series of workshops for graduate students and new scholars, taught by faculty from various disciplines. I am grateful to Professors Peter Schneck and Sabine Meyer (and their staff) for organizing the Summer School, as well as to DAAD, Osnabrück University, and the other organizations that fund the program.

The opening workshop took place over two days and concerned methodological problems in interdisciplinary study of law, language, and culture. Workshop convenors Kay Schaffer and Martin Zeilinger compiled this reading list for participants (shared with permission):

  • Brown, Wendy. “‘The Most We Can Hope For’: Human Rights and the Politics of Fatalism.” South Atlantic Quarterly 103.2/3 (2004): 451-63.
  • —. “Neo-Liberalism and the End of Liberal Democracy.” Theory and Event 7.1(2003): n. pag.
  • Coombe, Rosemary J. “Contingent Articulations.” Law in the Domains of Culture.” Ed. Austin Sarat, Thomas R. Kearns. Ann Arbor: U of Michigan P, 1998. 21-64.
  • Holder, Cindy. “Culture as an Activity and Human Right: An Important Advance for Indigenous Peoples and International Law.” Alternatives 33 (2008): 7-28.
  • Kymlicka, Will. Multicultural Citizenship. Oxford: Oxford UP, 1995. Read Chapter 3: Individual Rights and Collective Rights; p. 34-48 and Chapter 5: Freedom and Culture; 84-101.
  • Mezey, Naomi. “Law as Culture.” Cultural Analysis, Cultural Studies, and the Law: Moving beyond Legal Realism. Ed. Austin Sarat, Jonathan Simon. Durham: Duke UP, 2003. 37-72.
  • Olson, Greta. “De-Americanizing Law and Literature Narratives: Opening Up the Story.” Law and Literature 22.1 (2010): 338-64.
  • Porsdam, Helle. From Civil to Human Rights: Dialogues on Law and Humanities in the United States and Europe. Northampton, MA: Edward Elgar, 2009. Read Chapter 8: Transatlantic dialogues on ‘law and literature’: from ‘law and literature’ to ‘law and humanities’; p. 165-81.
  • Schaffer, Kay, and Sidonie Smith. Human Rights and Narrated Lives: The Ethics of Recognition. Basingstoke: Palgrave, 2004. Read p. 35-53; 123-52.
  • Thomas, Brook. “Reflections on the Law and Literature Revival.” Critical Inquiry 17.3 (1991): 510-39.

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The ‘Spatial Turn’ in Law: June 2011 Issue of Law, Culture, and the Humanities

The latest issue of Law, Culture, and the Humanities contains several articles relating to legal geography, space, and territorialization. Law joins, of course, a variety of other disciplines in taking this “spatial turn.”

Here are the titles and abstracts:

Law’s Spatial Turn: Geography, Justice and a Certain Fear of Space” by Andreas Philippopoulos-Mihalopoulos

Abstract: This is a critical reading of the current literature on law and geography. The article argues that the literature is characterized by an undertheorization of the concept of space. The focus is either on the specific geography of law in the form of jurisdiction, or as a simple terminological innovation. Instead, the article suggests that law’s spatial turn ought to consider space as a singular parameter to the hitherto legal preoccupation with time, history and waiting. This forces law into dealing with a new, peculiarly spatial kind of uncertainty in terms of simultaneity, disorientation, materiality and exclusionary corporeal emplacement. The main area in which this undertheorization forcefully manifests itself is that of spatial justice. Despite its critical potential, the concept has been reduced by the majority of the relevant literature into another version of social, distributive or regional justice. On the contrary, if the peculiar characteristics of space are to be taken into account, a concept of justice will have to be rethought on a much more fundamental level than that.

Cuts, Flows, and the Geographies of Property” by Nicholas Blomley

Abstract: How is property geographical? The making of liberal property, I argue, relies upon a topographical logic, premised on the production of bounded, coherent spaces, through which the individuated subjects and objects of property can be rendered legible. Such a spatialization helps sustain the territorialization of property, in which the government of space becomes a means for the enactment of property. The production of such spaces requires conscious ‘cuts’ in the processual networks through which social spaces are produced. As such, property should be seen as a conditional achievement, ever threatened by unwanted relationality and boundary crossing. I draw from Kate Grenville’s novel The Secret River to explore property’s spaces, and their ambivalent ethical and practical work.

The Constituent Power of Architecture” by Lior Barshak

Abstract: The claim that law is grounded in representations of authority hardly requires justification. The article outlines one view of the power of representations of authority to subject society to the law, and attempts to shed light on the social significance of architecture as a medium of such representation. I will argue that representation sets apart the realms of the living and the dead while sustaining a complex relationship between the two realms. It houses the dead in a separate realm where they exercise authority over the living. Monumental architecture founds the authority of law, and the entire realm inhabited by the living, by relegating the dead to a separate sphere where they assume the position of ancestral lawgivers. Architecture can separate the living from the dead and anchor the rule of law by virtue of its claims to perpetuity and aesthetic form.

‘Passing through the Mirror’: Dead Man, Legal Pluralism and the De-territorialization of the West” by Ruth M. Buchanan

Abstract: The failures of Western law in its encounter with indigenous legal orders have been well documented, but alternative modes of negotiating the encounter remain under-explored in legal scholarship.The present article addresses this lacuna. It proceeds from the premise that the journey towards a different conceptualization of law might be fruitfully re-routed through the affect-laden realm of embodied experience—the experience of watching the subversive anti-western film Dead Man. Section II explains and develops a Deleuzian approach to law and film which involves thinking about film as ‘‘event.’’ Section III considers Dead Man’s relation to the western genre and its implications for how we think about law’s founding on the frontier. Finally, the article explores the concept of ‘‘becoming’’ through a consideration of the relationship between the onscreen journey of the character Bill Blake and the radical worldview of his poetic namesake.

Law and the Foucauldian Wild West in Michael Cimino’s Heaven’s Gateby Diana Young

Abstract: Classic western films often conceive of the west as existing in a legal void, where the central conflict is a binary one between lawlessness and legalization. The law is a monolith, and the legalization process is linear—a narrative of the west’s inexorable evolution toward a modern state governed by the rule of law. Cimino’s Heaven’s Gate presents a more postmodernist, pluralist conception. There is no grand narrative of legalization; the film envisages a discourse of justice emerging from the interaction of a variety of discourses, and which appears to be a unity only from the vantage point of history.