The legal life of objects : speaking evidence and mute subjects in Mark Twain’s Pudd’nhead Wilson

textIn this paper, I argue that legal authorities assign speaking power to objects and evidence in the courtroom in order to deny speaking power to racialized subjects and police racial identities. Mark Twain’s Pudd’nhead Wilson (1894) demonstrates how the law transverses the human/object boundary in order to regulate legal definitions of identity. I examine the legal animation of the textual document, as exemplified by the last will and testament; the knife, a material object that as a murder weapon is responsible for condemning the accused; and the fingerprint, a unique form of bodily evidence that merges the textual and the material, in order to understand how these objects blur the line between the living and the deceased, between human and nonhuman agency, and between body and text. My methodology brings object studies into conversation with a literature and the law approach in order to show not only how the nineteenth-century American literary imagination was concerned with testing and regulating racial boundaries, but also how fictions employed by the law produce subjects and objects. My investigation reminds us that when evidence appears to “speak for itself,” this speech act has been carefully orchestrated by human legal authorities who determine what the evidence can be understood to mean and for whom it speaks.Englis

Bodies of Science and Law: Forensic DNA Profiling, Biological Bodies, and Biopower

How is jurisdiction transferred from an individual's biological body to agents of power such as the police, public prosecutor and judiciary, and what happens to these biological bodies when transformed from private into public objects? These questions are examined by analyzing bodies situated at the intersection of science and law. More specifically, the transformation of 'private bodies' into 'public bodies' shall be analyzed by going into the details of forensic DNA profiling in the Dutch jurisdiction. It will be argued that various 'forensic genetic practices' enact different 'forensic genetic bodies'. These enacted forensic genetic bodies are connected with various infringements of civil rights, which become articulated in exploring these forensic genetic bodies' 'normative registers'

Republican Monsters: The Cultural Construction of American Positivist Criminology, 1767-1920

This dissertation examines the history of and cultural influences on positivist criminology in the United States. From Benjamin Rush to the present day, the U.S. has produced an extensive corpus of empirical and theoretical studies that seeks to discern an objective, scientifically-grounded basis for criminal behavior. American positivist criminology has drawn on numerous subfields and theories, including rational choice / economic theory, biology, and psychology, but in all cases, maintains that a purely scientific explanation of offending is possible. This study proceeds from the perspective that divisions between scientific and non-scientific thought are untenable. Drawing on scholarship in literary criticism and sociology, I argue that positivist criminology confronts an inherent contradiction in purporting to develop a purely scientific account of phenomena that are defined by the moral and cultural sentiments of a society. I thus hypothesize that positivist criminology is in fact reliant on the irrational and fictive cultural tropes and images of crime that it claims to exorcize. The dissertation proceeds by reviewing the literature on the history of criminology, developing a set of functional types or tropes for character analysis, and then examining four separate periods in the development of scientific criminology: eighteenth century studies of rational action, nineteenth century studies of defective reasoning, early twentieth century studies of race and crime, and the development of scientifically informed criminalistics programs. Each of these cases captures a different period and focus in the development of scientific criminology. In threading continuity between these cases, I show how criminological positivism is consistently reliant on culturally informed tropes and characters to render itself sensible and coherent

Spartan Daily, October 16, 1973

Volume 61, Issue 13https://scholarworks.sjsu.edu/spartandaily/5773/thumbnail.jp

The Dark Side(-Channel) of Mobile Devices: A Survey on Network Traffic Analysis

In recent years, mobile devices (e.g., smartphones and tablets) have met an increasing commercial success and have become a fundamental element of the everyday life for billions of people all around the world. Mobile devices are used not only for traditional communication activities (e.g., voice calls and messages) but also for more advanced tasks made possible by an enormous amount of multi-purpose applications (e.g., finance, gaming, and shopping). As a result, those devices generate a significant network traffic (a consistent part of the overall Internet traffic). For this reason, the research community has been investigating security and privacy issues that are related to the network traffic generated by mobile devices, which could be analyzed to obtain information useful for a variety of goals (ranging from device security and network optimization, to fine-grained user profiling). In this paper, we review the works that contributed to the state of the art of network traffic analysis targeting mobile devices. In particular, we present a systematic classification of the works in the literature according to three criteria: (i) the goal of the analysis; (ii) the point where the network traffic is captured; and (iii) the targeted mobile platforms. In this survey, we consider points of capturing such as Wi-Fi Access Points, software simulation, and inside real mobile devices or emulators. For the surveyed works, we review and compare analysis techniques, validation methods, and achieved results. We also discuss possible countermeasures, challenges and possible directions for future research on mobile traffic analysis and other emerging domains (e.g., Internet of Things). We believe our survey will be a reference work for researchers and practitioners in this research field.Comment: 55 page

Research Subpoenas and the Sociology of Knowledge

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works