Deborah Charles Publications
Abstracts' Library

Authors R

Paul Raffield, "The Separate Art Worlds of Dreamland and Drunkenness: Elizabethan Revels at the Inns Of Court", Law and Critique VIII/2 (1997), 163-188: This paper examines the conflicting interests of Apollo and Dionysis, as represented by the extraordinary Inns' of Court Christmas Revels, held at the Inner Temple in 1561 and at Gray's Inn in 1594. During these prolonged periods of fasting, the Revellers create a microcosmic Utopian State, in which the primitive life-force of Dionysus is tempered by the ordered dreamland of Apollo. Destructive natural forces are contained and repressed by the imposition of laws. Gerard Legh's The Accedens of Armory and William Dugdale's Origines Juridiciales provide the source material for the Inner Temple Revels, and Gesta Grayorum is an anonymous account of the Gray's Inn Revels. Nietzsche's The Birth of Tragedy provides the theoretical background to the comparison made in this paper between the Apollonian world of pictures and the mystical cheer of Dionysus. The arcane rules governing feasting and the Revels attempt to resolve the conflict between order and freedom: the compelling rights and duties of the individual citizen on the one hand, and the interests of the State on the other. The Revels provide striking visual images of virtue and honour. These images are symbols not only of the law's power and fairness, but also of the patriarchy which the law seeks to uphold, and of the unchanging certainties which that patriarchy represents.

Simon Rahilly, "Housing Homeless Young People", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 143-158: The Housing Act 1996 introduced new legislation for the homeless. This article seeks to explore the duties that Housing Departments have to young homeless people by means of a critical examination of key parts of the legislation and some of the extensive case law that has sought to clarify the minimum requirements of housing authorities. It will identify those areas where there should be liaison and joint working with Social Services Departments, which may also have duties to young homeless people under the provisions of the Children Act 1989. Specifically the article will consider the importance of an assessment by Social Services in decisions about homelessness, priority need, intentionality and the suitability of any accommodation secured. But whilst joint working should be encouraged, it may be frustrated by a mutual scepticism and an overriding concern to protect scarce departmental resources. e-mail: S.J.RAHILLY@livjm.ac.uk

Javaid Rehman, "The Role of the International Community in Protecting the Physical Existence of Minorities: A Case Study of Pakistan", The Liverpool Law Review XX/2 (1998), 201-227: Although the right to physical existence remains paramount and pre-eminent, it can stretch the developing norms of international law of human rights to their limits; the right is generally violated, or at least its violation is tolerated by sovereign States, who are the main subjects of international law. The present article is written with two primary objectives. Firstly, the paper while marking the fifty years of independent history of Pakistan, highlights two unfortunate instances where persecution, discrimination and physical extermination of ethnic, linguistic and religious groups has taken place. The first incident took place at the time of the partition of British India and despite the magnitude of the tragedy has not received due consideration in international legal literature. The second case involves the persecution, discrimination and genocide of the population of East Pakistan which prior to 1971 formed part of Pakistan. Secondly through the case study of Pakistan, the paper attempts to show that while the international community has remained apathetic largely due to political considerations and constraints, the current international legal norms relating to the protection of the rights of minorities, are in themselves inadequate in a number of ways. e-mail: J.Rehman@Leeds.ac.uk

Curtis E. Renoe, "Seeing is Believing?: Expert Testimony and the Construction of Interpretive Authority in an American Trial", International Journal for the Semiotics of Law IX/26 (1996), 115-137: This article explores how two expert witnesses in a high profile American criminal trial came to radically different interpretations of the same evidence, even though they used the same procedures and relied upon the same text to inform their judgments. Through a detailed analysis of the linguistic interactions which occurred at trial, these two mutually exclusive accounts are analyzed with attention focused on how the jury arrived at a decision when faced with conflicting stories. By highlighting the interpretive task faced by jury in this case, this article makes an argument for looking at the details by which social reality is produced as an emergent product from the specific interactions taking place in the courtroom context. The interpretation of the evidence by the experts, the subsequent evaluation of this testimony by the jury, and the reception of the controversial result by the public are all discussed in an attempt to understand how the decision was reached and what can happen as ordinary people are placed in a situation where they begin to rely on the authority of experts to supplement their judgment of the facts. Such a reorientation toward "fact" and the process by which the jury is systematically brought to see the evidence in new and sometimes startling ways provide the basis for much of the analysis.

Paul Reynolds, "Max Weber: Still Relevant After All These Years?" (Review of Bryan Turner, Max Weber: From History to Modernity), Res Publica III/2 (1997), 247-253: This review article discusses the continuing relevance of the paradigmic modernist thinker, Max Weber, to contemporary social thought through a discussion of the recent publication of Bryan Turner, Max Weber: From History to Modernity. It supports Turner's view that a re-reading of Weber confirms his prescience in anticipating and discussing many of the themes which engage thinkers engaged with the ideas and critiques of post-modernism. Situating Weber in his historical, biographical and intellectual context helps the reader to understand the partiality of the reading of Weber as theorising modernity contra Marx. Turner shows how Weber needs to be understood in dialogue with Marx, and with Nietzsche, Simmel, George and the Romantics. For Turner, Weber is a sceptic of the 'benefits' of modernism and as a critical thinker who precociously grasped the complexities and problems of social theory which exercise post-modern critiques. He also recognised, however, the responsibility of social theorists to explain their world, and so avoided the quietism that has so characterised post-modern thinking. e-mail: reynoldp@admin.edge-hill-college.ac.uk

Janice Richardson, "Beyond Equality and Difference: Sexual Difference in the Work of Adriana Cavarero", Feminist Legal Studies VI/1 (1998), 105-120: This paper discusses the work of the contemporary feminist philosopher Adriana Cavarero who has illustrated how, from Parmenides and Plato onwards, Western metaphysics has devalued birth and focused upon death. I consider the way in which she refigures conceptions of self by considering the influence of Hannah Arendt upon her work and then her criticisms of Judith Butler. Cavarero is clearly committed to political activism and it is this influence which motivates her to reclaim the images of women from classical (male) texts. In her most recent work she proposes a conception of self which draws upon the work of Arendt to emphasize her/his unique, embodied, already sexed nature, whose life story is told by others. She wishes to avoid what she views as two pitfalls: that of positing the classical subject, which is "monstrous" in being both male and universal; and the "postmodern subject" which she characterises as fragmented. I consider the extent to which she avoids the public/private divide which infects Arendt's work. Whilst sympathetic to her political commitment, I also point to a tension in her work between the openness of the question of "who" we are, compared to her assumption that sexual difference is always an important difference.

Janice Richardson, "Jamming the Machines? "Woman" in the Work of Irigaray And Deleuze", Law and Critique IX/1 (1998), 89-115: This paper addresses the question: "What is at stake in the different approaches of Irigaray and Deleuze over the meaning of 'woman'"? It considers the relationship between theory and practice to examine how both view their theoretical interventions in terms of political struggle, which challenge traditional conceptions of "the political". Both have been influenced by the events of May '68 and the rejection of a model in which "theory" is to dictate "practice". This is mirrored by the way in which each re-evaluates "the body". However, there are important differences in the way Deleuze and Irigaray envisage the relationship between self/other. These are explored by considering the way in which each draws upon the work of Spinoza. Whereas Deleuze conceives self/other in terms of flow, Irigaray opens up the possibility of both being with and being apart from the other Further, Deleuze's use of "woman" as a trope for "deterritorialisation" is problematic in that it fits easily within many myths of origin of the state, in which women are constructed as being unable to protect their boundaries, both of the body and of the body politic.

Marcus Roberts, Review of O. O'Neill, Towards Justice and Virtue - A Constructive Account of Practical Reasoning, Res Publica IV/1 (1998), 117-128: In this important new book, O'Neill challenges the view that justice and virtue are somehow in conflict (as implied, for example, in recent debates between liberals and communitarians), and develops a normative ethical position - of a 'minimalist' kind - incorporating universal principles of both justice and virtue. She does so on the basis of a meagre and modal Kantianism according to which the principles governing our actions and institutions are required to be universalizable principles. She further argues that the position she defends can inform a down-to-earth and realistic political response to existing injustices.

Jonathan Robinson, Senior Lecturer in Law, Buckingham University, "Damages for a pupil's academic under-performance in school - thus far, but how much further?", in "Education Law", Liverpool Law Review XX/1 (1998), 95-114: This article begins by identifying as a fundamental issue the policy question of whether people should be given damages when a public welfare system, in this case education, has been found wanting. It examines the House of Lords' ruling in the Dorset, Hampshire and Bromley cases and the subsequent emphasis by Lord Hoffmann on Lord Browne-Wilkinson's reference to the influence of the relevant statutory framework within which negligence occurred. There is analysis of the Phelps decision. Looking to the future, the article will consider how questions of causation might be dealt with. There is also discussion of quantum of damages. The overall implications of common law negligence possibilities in relation to underformance by education professionals are considered in the author's conclusion. e-mail: jonathan.robinson@buck.ac.uk

Jeremy Roche, "Law, ethics and social work practice: a critical curriculum", in "Social Work Law: an Interface for Policy and Practice Development", Liverpool Law Review XIX/2 (1997), 121-142: In this article I consider the relationship between ethics, social work and the law. I do so from a standpoint which sees a number of ethical issues as central to professional social work practice namely a commitment to equality of treatment, to empowering service users and to the principle of accountability. My concern here is twofold: to ask whether there is any connection between the ethical issues underpinning professional practice and the legal framework which seeks to regulate such practice; and second, on the basis that the two are connected, what might this mean for how we think about the law ­ social work relationship? In addressing this question while I focus on the area of children and families much of what I have to say is of general relevance to social work. By way of conclusion I argue that greater familiarity with the debates within traditional jurisprudence would enhance the social work law curriculum and permit a more critical consideration of the role of law in social work practice.

Marcus Roberts, "The Endurance of History? Reflections on John Gray's Post-Enlightenment Pluralism", Res Publica III/2 (1997), 185-212: This article examines John Gray's recent critique of the 'Enlightenment Project'. It is especially concerned with his defence of a form of value pluralism, and, in particular, with his claim that this doctrine renders the enlightenment conception of human progress 'meaningless or incoherent'. It is argued that Gray is himself committed to a conception of human progress, both because he concedes that there is a universal minimum morality, and because his allegiance to value pluralism necessarily commits him to the view that there can be general progress in moral understanding. It is further argued that, paradoxically, acceptance of this version of value pluralism is inconsistent with the reproduction of many of the traditions within which, or so Gray himself claims, human beings have flourished. The general thrust of the argument is that while Gray's arguments are successful against the more myopic and hubristic progeny of the enlightenment, they provide no conclusive arguments for abandonment of a generic conception of human progress.

Wibo Van Rossum, "Showing Respect. The Appearance of a Turkish Defendant in a Dutch Courtroom", International Journal for the Semiotics of Law / Revue Internationale de Sémiotique Juridique IX/27 (1996), 287-303. When appearing before a judge, defendants in Dutch courts usually assume a bodily posture which is congruous with the rule that says defendants should take on a relaxed but interested attitude. Defendants usually sit at ease and regularly shift and change sitting postures. In contrast, the Turkish defendant K took on a certain posture in court and remained sitting in the same position during the entire proceedings. During the interviews with K in prison, it became clear we should not interpret his posture as being an expression, communication, or reflection of some inner psychological characteristic. Instead, we should read his appearance as ritual. (e-mail: rossum@mail.jur.uva.nl)


Forward in alphabetical listing

Back to Index