Ageing and dying are a continuum

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Out of the Ordinary: Law, Power, Culture, and the Commonplace

Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998). Sometimes a work\u27s intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey\u27s The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau\u27s work suggests that investigations of law\u27s power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we can see how power is exercised, understood, and sometimes, resisted. This is, in essence, the narrative at the heart of The Common Place of Law, where two sociologists of law examine how law or legality (power that is at once institutional and embedded in day-to-day social practices) is recognized, resisted, and reconstituted by a wide variety of ordinary people going about their lives. It is out of the most ordinary acts that law is constituted as law

Neoliberalism Goes to School: Neoliberalism\u27s Influence on Responses to Sexual Violence in Higher Education Institutions

This paper will begin by tracing the historical relationship between sexual violence and race, and then describe how neoliberalism compounded upon this history to create a carceral feminist response to sexual violence. After outlining the neoliberal trends present in national responses to sexual violence, I will narrow my focus to responses within higher education and attempt to demonstrate the parallels between them. I will focus on the commonalities of punitive responses and individualization, which result in a culture of compliance in higher education. I will conclude by describing alternatives to the current way higher education executes Title IX policy

Love as Legal Methodology: Comments on \u3ci\u3eLove in a Time of Envy\u3c/i\u3e

In academic papers about emotion, it is not uncommon to find a kind of disconnect between the detachment of theoretical and scholarly language and the subject of the paper--the emotions. One of the lovely, and challenging, aspects of Jonathan Goldberg-Hiller\u27s article is that it not only conveys the emotions that are its subject, but it brims with its own emotion; it reads like a text written out of shattered love. Goldberg-Hiller takes up Jean-Luc Nancy\u27s contention that love is shattered by its very essence. It fragments the self at the same time as it refracts into many forms. Goldberg-Hiller understands Nancy as suggesting caution about trying to bridge the gap between love and law, and caution about any unifying theory of love. The author suspects that Goldberg-Hiller also finds in Nancy\u27s theory of fragmented love, a methodology and an emotional style. Goldberg-Hiller writes of love, envy, and law in ways that burst, cut, and multiply as Nancy suggests love does. The article throws out shards of theory, literature, politics, rhetoric, psychoanalysis, visual imagery, texts, and emotions. In Goldberg-Hiller\u27s analysis of both of the emotional moments around which his article is built, the law remains submerged. Here the author goes back to the evocative analysis of love and especially envy to see if the law can be resurrected just a little by thinking about the conflict these emotional moments reflect and the ways in which law, like language, mediates emotional conflict and social change

The Paradoxes of Cultural Property

Many current cultural disputes sound in the legal language and logic of discrimination or hate speech. The focus of this essay is on the claims made explicitly or implicitly on the basis of cultural property. The problem with using ideas of cultural property to resolve cultural disputes is that cultural property encourages an anemic theory of culture so that it can make sense as a form of property. Cultural property is a paradox because it places special value and legal protection on cultural products and artifacts but does so based on a sanitized and domesticated view of cultural production and identity. Within the logic of cultural property, each group possesses and controls--or ought to control--its own culture. This view of cultural property suggests a preservationist stance toward culture. This essay argues against both of these assumptions and for a view of culture that takes account of its dynamisms, appropriations, hybridizations, and contaminations. As a corrective to the paradoxes of cultural property, this essay offers a counternarrative of cultural fusion and hybridity. These themes are illustrated with an extended example of the regulation of Native American mascots generally and the invention of one such mascot--Chief Illiniwek--specifically