Law, Culture and the Humanities 

Abstract: This article is part of a larger study of inquests into the deaths of Aboriginal people in custody. I suggest that the Aboriginal body is considered to be one that is already dead, and thus a body ...

Abstract: This is a critical reading of the current literature on law and geography. The article argues that the literature is characterized by an undertheorization of the concept of space. The focus is either on the specific geography of law in the form of jurisdiction, or as a simple terminological innovation. Instead, the article suggests that law’s spatial turn ought to consider space as a singular parameter to the hitherto legal preoccupation with time, history and waiting. This forces law into dealing with a new, peculiarly spatial kind of uncertainty in terms of simultaneity, disorientation, materiality and exclusionary corporeal emplacement. The main area in which this undertheorization forcefully manifests itself is that of spatial justice. Despite its critical potential, the concept has been reduced by the majority of the relevant literature into another version of social, distributive or regional justice. On the contrary, if the peculiar characteristics of space are to be taken into account, a concept of justice will have to be rethought on a much more fundamental level than that.

Abstract: How is property geographical? The making of liberal property, I argue, relies upon a topographical logic, premised on the production of bounded, coherent spaces, through which the individuated subjects and objects of property can be rendered legible. Such a spatialization helps sustain the territorialization of property, in which the government of space becomes a means for the enactment of property. The production of such spaces requires conscious ‘cuts’ in the processual networks through which social spaces are produced. As such, property should be seen as a conditional achievement, ever threatened by unwanted relationality and boundary crossing. I draw from Kate Grenville’s novel The Secret River to explore property’s spaces, and their ambivalent ethical and practical work.

Abstract: Emotional standards and hierarchies in the courtroom may affect judicial reactions to victim impact statements. Based on judicial conversations and courtroom observations in two judicial districts in Minnesota, we suggest that judges contrast emotion with reason in order to maintain control of their courtrooms; when faced with emotional expressions in victim impact statements, judges appreciate expressions of compassion and tolerate expressions of grief but are uncomfortable with expressions of anger. These judicial responses to emotional expression, however, must be contextualized; for example, the judges we spoke with often articulated different reactions to impact statements given by victims of sexual assault, those who are strangers to the perpetrator, and impact statements given by victims of domestic violence, those who are in a relationship with the perpetrator.

Abstract: This paper examines concepts of authority, law, and justice in the genre of superhero comics. Despite the common view that comic book superheroes do not warrant (and have not received) significant academic attention except as art form (rather than social/legal commentary), they do, in fact, present a locus in which visions of law and its relationship with society are played out with a degree of intellectual and jurisprudential sophistication. This is because superheroes reflect perceptions of failed or deficient law. They are therefore another vehicle for thinking discursively about law because of what they can say about society and its perceptions of the effectiveness of law, in the context of their manifesting a pre-modern, sacralised, view of embodied justice as opposed to modern constructs of law. Using a typology of pre-modern, modern, and postmodern justice, the paper briefly explores the characteristics of justice found in superhero comics. The post-modern superhero is characterized in terms of a r...