Comics, Law, and Aesthetics:Towards the Use of Graphic Fiction in Legal Studies

This article argues for the inclusion of comics amongst the resources examined in interdisciplinary legal studies. Law and humanities enriches understanding of the human and experiential dimensions of justice through engagement with a variety of aesthetic discourses. The comics medium, however, remains under-researched in this context. Comics are distinct in their interaction of word and image, existing at the borderline between the textual and the visual, and between the rational and the aesthetic; they can thus assist in navigating the limits of rational language, a key issue for legal knowledge and debate which are deeply ingrained with this means of representation. The ‘in-betweenness’ of comics not only challenges the idealised use of text for the articulation of legal issues, but enables engagement with a wider set of interacting knowledges beyond the rational that can help triangulate issues surrounding justice in a human world inhabited by sensual beings

Anderson v Dredd [2137] Mega-City LR 1

Administrative—judgment on the nature of judgment—conflict between Judges in judicial practice—claimant (Judge Anderson) challenges the judicial capacity of respondent (Judge Dredd)—claimant open and fluid in judicial style—respondent certain and authoritative in judicial style—insights from Psi Division on the role of judgment in the universe—whether respondent is a good judge—whether judgment closes down meaning—whether respondent is inhuman—whether judges are inhuman—whether judging is horrific—insight from twentieth century fiction on the place of humans in the universe—horror of HP Lovecraft—suppression of horrific cosmic context within judicial institution—suppression for the good of society

A Roman face on an English body:the typography of Plowden’s <i>Commentaries</i>

This paper examines the typographic form of Plowden’s Commentaries within its legal, printing, and technological histories, demonstrating that its typographic appearance embeds complex tensions over the study and dissemination of the common law into its material form. There are legally relevant meanings in the shape of letters, beyond mere legibility, that are connected with the heritage of type design and print technologies. Within the context of debates over the propriety of early common law printing, this paper provides an examination of Plowden’s typographic style as roman and humanist. Tracing the genealogy of roman and humanist letters that led to the ones used in Plowden’s opening judgment, the typography of the Commentaries is connected to debates over the resistance of the common law (as an unwritten law) to humanism and Roman-style codification. Plowden’s typographic register is thereby seen to encode the Latinate traditions to which the structure and custom of the English common law is opposed

Criminal Responsibility and the Living Self

Behaviour, including criminal behaviour, takes place in lived contexts of embodied action and experience. The way in which abstract models of selfhood efface the individual as a unique, living being is a central aspect of the ‘ethical-other’ debate; if an individual is modelled as abstracted from this ‘living’ context, that individual cannot be properly or meaningfully linked with his or her behaviour, and thus cannot justly be understood as responsible. The dominant rational choice models of criminal identity in legal theory involve at least a partial abstraction of this ‘unethical’ type by prioritising the rational will over the more fluid dimensions of lived reality. From a phenomenological perspective, an approach of ‘restlessness’ is proposed which precludes the development of settled or general abstract categories, and can thus move us closer to an ethical understanding of living individuals on a theoretical level. Although such a move may initially seem to threaten criminal justice with an irrational nihilism, by maintaining awareness of the irreducibility of ‘living’ reality a restless theoretical understanding of moral selfhood may be able to shape or underpin the attribution of responsibility in more practical or substantive contexts without succumbing to meaninglessness

Comics, Crime, and the Moral Self: An Interdisciplinary Study of Criminal Identity

An ethical understanding of responsibility should entail a richly qualitative comprehension of the links between embodied, unique individuals and their lived realities of behaviour. Criminal responsibility theory broadly adheres to ‘rational choice’ models of the moral self which subsume individuals’ emotionally embodied dimensions under the general direction of their rational will and abstracts their behaviour from corporeal reality. Linking individuals with their behaviour based only on such understandings of ‘rational choice’ and abstract descriptions of behaviour overlooks the phenomenological dimensions of that behaviour and thus its moral significance as a lived experience. To overcome this ethical shortcoming, engagement with the aesthetic as an alternative discourse can help articulate the ‘excessive’ nature of lived reality and its relationship with ‘orthodox’ knowledge; fittingly, the comics form involves interaction of rational, non-rational, linguistic, and non-linguistic dimensions, modelling the limits of conceptual thought in relation to complex reality. Rational choice is predicated upon a split between a contextually embedded self and an abstractly autonomous self. Analysis of the graphic novel Watchmen contends that prioritisation of rational autonomy over sensual experience is symptomatic of a ‘rational surface’ that turns away from the indeterminate ‘chaos’ of complex reality (the unstructured universe), instead maintaining the power of rational and linguistic concepts to order the world. This ‘rational surface’ is maintained by masking that which threatens its stability: the chaos of the infinite difference of living individuals. These epistemological foundations are reconfigured, via Watchmen, enabling engagement beyond the ‘rational surface’ by accepting the generative potential of this living chaos and calling for models of criminal identity that are ‘restless’, acknowledging the unique, shifting nature of individuals, and not tending towards ‘complete’ or stable concepts of the self-as-responsible. As part of the aesthetic methodology of this reconfiguration, a radical extension of legal theory’s analytical canon is developed

Natural Law and Vengeance:Jurisprudence on the Streets of Gotham

Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the dark and violent world outside law’s protection. He thus sacrifices his own safety to ensure the safety of others—he is a Dark Knight, a sentinel, fighting the nasty and brutish underworld of criminality in his effort to bring rational order to the world and protect the people of Gotham from criminal harm. This fight for justice is fuelled by a deeply private trauma: the murder of Bruce Wayne’s parents: a private desire for vengeance that Batman transcends. In navigating Batman’s jurisprudential dimensions, we are ultimately reminded that private desires and motivations are enfolded within the public structures of justice

Practitioner accounts and knowledge production: an analysis of three marketing discourses

Responding to repeated calls for marketing academicians to connect with marketing actors, we offer an empirically-sourced discourse analysis of the ways in which managers portray their practices. Focusing on the micro-discourses and narratives that marketing actors draw upon to represent their work we argue that dominant representations of marketing knowledge production present a number of critical concerns for marketing theory and marketing education. We also evidence that the often promoted idea of a need to close the gap between theory - as a dominant discourse - and practice, as a way of doing marketing, is problematic to pursue. We suggest that a more fruitful agenda resides in the development of a range of polyphonic and creative micro-discourses of management, promoting context, difference and individual meaning in marketing knowledge production

Participatory politics, environmental journalism and newspaper campaigns

This is an Author's Accepted Manuscript of an article published in Journalism Studies, 13(2), 210 - 225, 2012, copyright Taylor & Francis, available online at: http://www.tandfonline.com/10.1080/1461670X.2011.646398.This article explores the extent to which approaches to participatory politics might offer a more useful alternative to understanding the role of environmental journalism in a society where the old certainties have collapsed, only to be replaced by acute uncertainty. This uncertainty not only generates acute public anxiety about risks, it has also undermined confidence in the validity of long-standing premises about the ideal role of the media in society and journalistic professionalism. The consequence, this article argues, is that aspirations of objective reportage are outdated and ill-equipped to deal with many of the new risk stories environmental journalism covers. It is not a redrawing of boundaries that is needed but a wholesale relocation of our frameworks into approaches better suited to the socio-political conditions and uncertainties of late modernity. The exploration of participatory approaches is an attempt to suggest one way this might be done

The Third wave in globalization theory

This essay examines a proposition made in the literature that there are three waves in globalization theory—the globalist, skeptical, and postskeptical or transformational waves—and argues that this division requires a new look. The essay is a critique of the third of these waves and its relationship with the second wave. Contributors to the third wave not only defend the idea of globalization from criticism by the skeptics but also try to construct a more complex and qualified theory of globalization than provided by first-wave accounts. The argument made here is that third-wave authors come to conclusions that try to defend globalization yet include qualifications that in practice reaffirm skeptical claims. This feature of the literature has been overlooked in debates and the aim of this essay is to revisit the literature and identify as well as discuss this problem. Such a presentation has political implications. Third wavers propose globalist cosmopolitan democracy when the substance of their arguments does more in practice to bolster the skeptical view of politics based on inequality and conflict, nation-states and regional blocs, and alliances of common interest or ideology rather than cosmopolitan global structures