Deborah Charles Publications
Abstracts' Library

Authors K

Jari Kauppinen, "Law Without Place: Topology and Decision. Questions of Line and Literature", Law and Critique IX/2 (1998), 225-248: The article deals with the question of decidability and undecidability (of law or text in Jacques Derrida's Force of Law) in a topological context. The topology is here thought more as a futural event's taking place; instead of temporality, time of decision, the ethical (ethos means a place, dwelling) is connected to a topos or utopos. There is the atopical level (of law) that keeps the decision open although in (the procedural level, for example) one must always make decisions. Therefore law's place is atopological, it is without a place - we could neither decide the law nor know its place.

The question of decision, line and place is read through different texts by Derrida, Carl Schmitt and Paul Celan. Finally, the democracy to come in Derrida's recent theory is connected to Maurice Blanchot's notion of literary space (The Space of Literature). Also the Politics of Friendship (Derrida) is discussed in relation to the question of friend, enemy and the becoming of a community.

The decision here means also a meridian (in Schmitt, Nomos der Erde and Celan, Der Meridian) that decides the law and the line (Heidegger, The Question of Being) in a metaphysical topology. The decision must be without a ground; it is the impossibility of a decision that means re-searching for a place, a line that decides between tropo-topological and the turning between poles. If the place of undecidability is atopological it refers to the place of becoming, like the becoming of literature (Blanchot) and of democracy (Derrida, Specters of Marx).

In Force of Law the law is undecidable and that is also in relation to law's force - the force is thought in relation to the truth (aletheia) and force as physis and therefore the "force" behind the law could be physis as aletheia as Heidegger proposes.


Valerie Kerruish, "Persons and Available Identities: Gender in Hegel's Philosophy of Law", Law and Critique Vol.VII no.2 [1996], 153-172: The paper begins from three images of women in Hegel's philosophy of law. The first two images occur within Hegel's phenomenology of the emergence of the concept of legal personality. The third is located in his logical (re)construction of the idea of right and is a gender identity of women in modernity. It is argued that these representations of women and men are integral to Hegel's legal and ethical theory. They have continuing relevance as identities occupying a logical space between the fully determined particularity of the person and fully abstract universality of the legal person. While the content of such identities changes, their form and function within the closed dialectic of normative thought continues to be a significant aspect of the legal reproduction of social relations.

HHJ Michael Kershaw, "From Beeching to Woolf", The Liverpool Law Review xix/1 (1997), 47-51: This paper argues that the Woolf reforms are part of single process which started a quarter of a century ago and that the Judicature Acts 1873 and 1875 were the beginning of a similar long process of reform in the latter part of the last century. It shows that one of the reforms of the last century has been re-used (the Commercial Court and mercantile lists) and that another (licensed conveyancers) has been reversed in a way which suggests that the present era of reform may not be over for the legal profession.

Roberta Kevelson, "Tom Paine's RIGHTS OF MAN: An Aestheic-Anarchic Dimension of Legal Semiotic", International Journal for the Semiotics of Law III/8 (1990), 169-186. Click here for extended abstract.

Roberta Kevelson, "Dissent and the Anarchic in Legal Counter Culture: A Peircean Viewpoint", paper delivered at IASL Conference, Såo Paolo, August 1997: The idea of "dissent" in the history of United States law and society has evolved from its first meaning as a privilege to contest official powers to the people's obligation to challenge the status quo, i.e, the powers of State. This shift from privilege granted to the People to an obligation assumed by the People places a creative force in acts that oppose established, mainstream law. Dissent, regarded here as counter-culturist activity, is dialogic and represents, from a Peicean viewpoint, the role of artist-as-outsider in relation to established law and society. Some parallel modes of dissent, e.g., in art, will be mentioned. This paper explores the semiotic relation between legal counter-culture and normative law.

Roberta Kevelson, "Discussion on J. Touchie's Response to B. Jackson's 'MacCormick on Logical Justification in Easy Cases: A Semiotic Critique'", International Journal for the Semiotics of Law / Revue Internationale de Sémiotique Juridique Vol. XI no.31 (1998), 67-71: The title tells the story of this paper. Here Kevelson contributes a Peircean point of view, especially on points which touch upon the Peircean understanding of the roles of different kinds of reasoning in different kinds of discourses. The focus here is on the interplay of reasoning types in the general concept of legal reasoning. E.g., the symbolic form of the syllogism, it is pointed out, has become a rhetorical device which persuades that it is truth-bearing. Additional commentary discusses Kevelson's agreement with both Touchie and MacCormick, in opposition to Jackson, but for different reasons than they each offer. e-mail: bobbieke@earthlink.net

Andy Khan, Professor of Law, Athabasca University, Canada, "Canadian Education: Legal Position of Religion", in "Education Law", Liverpool Law Review XX/1 (1998), 137-156: This article examines the legal position of education and religion, as impacted upon by the Canadian Charter of Rights and Freedoms. The Charter provides for certain fundamental rights, including equality rights and freedom of religion and conscience, and imposes constitutional limitations on the Canadian parliament, provincial legislative assemblies and government. The Canadian Charter is having a considerable impact on educational practices and policies, particularly relating to religion. The developments have seen two major streams of litigation. In the first, the courts have been asked to rule whether the state can impose religious practices of the majority on a minority in schools, in other words does the Charter illegalize religious indoctrination in public schools? The second stream is the question of public funding of private religious schools. e-mail: andyk@athabscau.ca

Elizabeth Kingdom, "Transforming Rights: Feminist Political Heuristics", Res Publica Vol.II no. 1, (1996), 63-75: The phrase "transforming rights" refers to: (a) the processes whereby the specification of rights in formal declarations such as the European Social Charter can initiate a legal "career" with results which go against women's interests, leading to disillusion with rights as incorporated into constitutional politics; (b) the grounds, exemplified by radical feminism, debates around the class politics of new social movements, and communitarian theory, for hostility to the claim that appealing to rights can contribute to the transformation of society; (c) strategies for the transformation of rights. Despite reservations about the efficacy of rights discourse for feminist and progressive legal politics, the reconceptualisation of "women's rights" as "feminist political heuristics" is proposed. Rights are seen as heuristics, in the sense that they provide guidelines or directives for developing research programmes. In this way, the appeal to rights is no longer the statement of a moral imperative but a mechanism for initiating the processes leading to the formulation of feminist policy objectives or draft legislation. This proposal is exemplified by an analysis of the conflict between conceptualising women's rights to social benefits on an employment model and conceptualising them on a welfare model.
Author's address: Department of Sociology, Social Policy and Social Work Studies, University of Liverpool, Eleanor Rathbone Building, Bedford Street North, Liverpool L69 7Z, e-mail: Kingdom@liverpool.ac.uk

Elizabeth Kingdom, "Right without might: liberal minority politics", Res Publica 3/l (1997), 115-119: Can liberals justify minority rights and retain their traditional commitment to human rights and individual rights? Will Kymlicka argues that a liberal commitment to freedom of choice and to personal autonomy demands a concern with cultural membership and requires the promotion of minority rights. His criticism of traditional doctrines of human rights is not that they provide the wrong answers relating to questions concerning cultural minorities but that they provide no answers at all. But communitarians, feminists and Marxists have made precisely that cridcism of all rights claims, and their critique can just as easily - and in logic has to be - applied to Kymlicka's own doctrine of minority rights. e-mail: Kingdom@liverpool.ac.uk


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