Female Professionals and (Neo-)Victorianism: The Case ofThe Good Wife

2016 ◽  
Vol 6 (1) ◽  
pp. 5-24
Author(s):  
Isabel Santaularia i Capdevila
Keyword(s):  
Television Series ◽  
The Public ◽  
Bleak House ◽  
Professional Success ◽  
The Law ◽  
Good Wife ◽  
Woman In White ◽  
The Public Sphere ◽  
Female Professionals ◽  
Nineteenth Century Novels

The article examines The Good Wife (CBS 2009–), as well as other recent television series with female professionals as protagonists, alongside nineteenth-century novels such as Wilkie Collins's The Woman in White and The Law and the Lady, Charles Dickens's Bleak House, or Bram Stoker's Dracula, which, like The Good Wife, place ‘the law’ and ‘the lady’ in direct confrontation. This comparative analysis reveals that current television series, even those that showcase women's professional success, articulate a discourse that valorises domestic stability and motherhood above professional achievements and, therefore, resonate with Victorian ideologies about the conflicted relation between women and the public sphere. Contemporary television series are not so different from Victorian texts that grant their heroines freedom to move outside home-boundaries, while treating women's public ascendancy as a transgression of normative femininity and using a number of strategies devised to guarantee women's return home and/or an appreciation of what they have to sacrifice in order to advance in their careers.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Père Trump

October ◽  
2017 ◽  
Vol 159 ◽  
pp. 3-6
Author(s):  
Hal Foster
Keyword(s):  
Social Media ◽  
Public Sphere ◽  
Print Culture ◽  
Theoretical Concepts ◽  
Fourth Estate ◽  
The Public ◽  
Higher Power ◽  
The Face ◽  
The Law ◽  
The Public Sphere

In the face of Trumpism and its peculiar mix of the buffoonish and the lethal, Foster suggests that we “pump up” past theoretical concepts by raising them to a higher degree. Social media, for example, could thereby be considered the “fifth estate,” a force that outdoes the “fourth estate” of journalistic media and thereby evacuates the last residues of the public sphere that, over fifty years ago, Jürgen Habermas associated with the advent of print culture. Peter Sloterdijk's notion of cynical reason, too, must be raised to a higher power in order to comprehend the Trumpist mentality; perhaps in this post-truth era, we should speak instead of “noncynical unreason”? And while the concept of the “primal father” is so outrageous that it cannot be inflated, Foster argues, it is one that we must grapple with in the face of a figure who, like Freud's figure, embodies the law and simultaneously performs its transgression.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

Logics of Political Secrecy

2011 ◽  
Vol 28 (7-8) ◽  
pp. 103-122 ◽  
Author(s):  
Eva Horn
Keyword(s):  
Rule Of Law ◽  
Carl Schmitt ◽  
Modern Logic ◽  
The Rule Of Law ◽  
The Public ◽  
Modern Age ◽  
Political Crime ◽  
The Law ◽  
The Public Sphere ◽  
Blind Spots

In the modern age, the political secret has acquired a bad reputation. With modern democracy’s ideal of transparency, political secrecy is identified with political crime or corruption. The article argues that this repression of secrecy in modern democracies falls short of a substantial understanding of the structure and workings of political secrecy. By outlining a genealogy of political secrecy, it elucidates the logic as well as the blind spots of a current culture of secrecy. It focuses on two fundamental logics of secrecy, deduced from the Latin terms ‘ arcanum’ and ‘ secretum’. Whereas the logic of arcanum regards secrecy as a legitimate dimension of government, a modern logic of secretum is marked by an inextricable dialectics between the withdrawal and communication of knowledge, between secrecy and publicity. Here, the secret is not so much a piece of withheld knowledge as a ‘secrecy effect’ that binds the realm of secrecy to the public sphere by a dialectics of permanent suspicion and scandal. Instead of falling into the trap of this ‘secrecy effect’ it is worth taking a closer look at the tradition of thought on the arcana imperii, from Tacitus to early modern doctrines of raison d’état to Carl Schmitt. What this tradition deals with is the functionality of secrecy and its complicated relation to the law. The arcana tradition elaborates the crucial point of secrecy: its potential, but also its profound ambivalence. Secrecy opens up a discretionary space of action exempt from the rule of law, and, according to Carl Schmitt, ignores the law so as to allow it to become effective. Secrecy serves to protect and stabilize the state, but at the same time it opens a space of exception from the rule of law that breeds violence, corruption and oppression. Instead of seeing secrecy as the opposite of a political culture of transparency, it is more productive to regard secrecy as transparency's complement – a counterpart, however, that is marked by the profound paradox of being both a consolidation of and a threat to democracy.

Forensic Iconicity: The Experimental Law’s Whatness in Digital Culture

Pólemos ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 131-145
Author(s):  
Cristina Costantini
Keyword(s):  
Public Sphere ◽  
Political Theology ◽  
Symbolic Representation ◽  
Digital Culture ◽  
The Public ◽  
Material Medium ◽  
Digital Era ◽  
Structural Ambiguity ◽  
The Law ◽  
The Public Sphere

AbstractThinking about the whatness of the Law in the digital era means to return to question its ontological abyss and its metaphysical violence. The essay rests on the idea that Law, to declare or to command, to condemn or to absolve, needs a material medium of communication that allows its sensible perceptibility. At the same time, the concrete appearances of the Law in the public sphere are partial and paradoxical: they are haunted by an ontological excess that resists against a conclusive form of mundane apprehension. Forensic Iconicity is the expression coined to figuratively depict the structural ambiguity between ostensibility and concealment that marks the Law’s presentialness. The aim of the work is to explore the transmutations and the displacements of the ancient bodies of symbolic representation of the Law up to the current dispersion in algorithmic sequences and digital traces. Moreover, according to the view proposed, the unresolved relationship between the abstract prophecy of Law and its physical precipitate has been captured and explained by the means of different paradigms, moving from political theology to algorithmic angelism.

scholarly journals The Courtroom as an Arena of Ideological and Political Confrontation: The Chicago Eight Conspiracy Trial

2021 ◽  
Author(s):  
Awol Allo
Keyword(s):  
Public Sphere ◽  
Criminal Trial ◽  
The Public ◽  
Administration Of Justice ◽  
National Convention ◽  
The Subject ◽  
The Law ◽  
The Public Sphere ◽  
A Site

AbstractNormative theories of law conceive the courtroom as a geometrically delineated, politically neutral, and linguistically transparent space designed for a fair and orderly administration of justice. The trial, the most legalistic of all legal acts, is widely regarded as a site of truth and justice elevated above and beyond the expediency of ideology and politics. These conceptions are further underpinned by certain normative understandings of sovereignty, the subject, and politics where sovereignty is conceived as self-instituting and self-limiting; the subject is understood as an autonomous and rational being capable of self-consciousness and self-representation; and politics is posited as the exercise of reason in the public sphere. In this article, I argue that such a normative conceptualization of the criminal trial and the courtroom not only ignores structures of power and privilege that produce inequalities but also forecloses possibilities for transformative judicial praxis. Drawing on the 1969–1970 trial of eight radical activists accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago, the article argues for a performative re-conceptualization of sovereignty, the subject, and the law as indeterminate, unpredictable, and open-ended discursive formations. The article demonstrates how the accused, working with and against legal doctrines, norms, and discourses, rethought normative conceptions of sovereignty, law, and subjectivity as contingent power-knowledge constellations that are open, unpredictable, and un-closable.

Capable Women, Incapable States

2020 ◽  
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sense Of Self ◽  
Political Mobilization ◽  
The Public ◽  
Legal Enforcement ◽  
Criminal Justice Systems ◽  
The Law ◽  
The Public Sphere

How do women claim rights against violence in India and with what consequences? By observing how women navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world’s largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women’s groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States shows how the Indian criminal justice system governs violence against women not by protecting them from harm but by forcing them to become “capable”: to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury’s book houses implications for how we understand gender inequality and governance not just in India but in large parts of the world where political mobilization for rights confronts negligent and incapacitated criminal justice systems.

scholarly journals Disobedience of Judges as a Problem of Legal Philosophy and Comparative Constitutionalism: A Polish Case

Res Publica ◽  
2021 ◽  
Author(s):  
Mateusz Pilich
Keyword(s):  
Public Sphere ◽  
Difficult Problem ◽  
The State ◽  
Special Role ◽  
Public Attention ◽  
The Public ◽  
The Face ◽  
The Law ◽  
The Government ◽  
The Public Sphere

AbstractThe article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation.

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