Producing Victimhood: Landmines,Reparations, and Law in Colombia

This research theorizes Colombia's 2011 Victims’ and Land Restitution Law (the Victims’ Law) as a biopolitical program that intends to foster the lives of conflict‐affected populations through providing an array of reparation measures. Based on fieldwork with internally displaced landmine victims in Colombia's Magdalena Medio region, I highlight how the Victims’ Law constitutes the identity of which populations count as “victims” worthy of reparations, how such parameters are contested, and how landmine survivors’ sense of themselves as “victims” is mediated via their experiences with the Victims’ Law and the reparation programs it provides. In particular, I highlight the possibilities and limitations of reparation measures that hinge on small‐scale business incubation programs for landmine victims to show how a legally recognized victimhood category presupposes “self‐responsible” neoliberal subjects who must confront contexts of conflict and state neglect.     

Legalism: Law,morals, and political trials

The purpose of this article is to critically undermine two commonly held and closely related contentions regarding the British idealist tradition. The first is that the British idealist tradition went into rapid and terminal decline shortly after the outbreak of the First World War. The second is that J. A. Smith was largely responsible for it. These aims are achieved through a diachronic analysis of Smith's conception of human imperfection as well as an assessment of Smith's intellectual legacy. As this article will show, contrary to the received view, Smith was a philosophical innovator who instigated an intellectual evolution within the British idealist. In particular, this article shows that Smith substituted aspects of his early Greenian philosophy with elements of Italian idealism. As a result, Smith was instrumental in moving British idealism away from its traditional underpinnings and towards more a Croce–Gentilian foundation. It is this neglected philosophical innovation which has given scholars the false impression of the tradition's collapse. By establishing Smith's intellectual innovation this article intends to show that Smith made a much more significant intellectual contribution to the philosophical tradition to which he belongs than has so far been recognised.     

Planning,Law, and Sexuality: Hiding Immorality in Plain View

Emerging research in sexuality and space outlines the diverse forms of spatial governmentality used to discipline non‐normative sexual behaviours, exploring how exclusion, concealment, and repression combines to ensure that ‘immoral’ sexualities are out of the sight of the ‘moral majority’. In this paper, we explore this contention in relation to planning for sex service premises (brothels) in New South Wales, Australia. Though such sex service premises are now legal, our analysis nonetheless considers the way that these premises have been subject to forms of planning constraint that reflect planners' assumptions about the appropriate manifestation of sex premises within the urban landscape. By exposing the assumptions written into planning law that sex premises are legal but potentially disorderly, we demonstrate the evidential power of planning to reinforce dominant moral geographies through instruments which, at first glance, appear to be focused on objective questions of amenity and the ‘best use of land’. This paper hence explores the ways in which planners have translated assumptions of disorder into categories of visibility and distance, meaning that brothels have become hidden in plain view so as not to disturb the integrity of residential ‘family’ spaces.     

Natural Law Theory,Legal Positivism,and the Normativity of Law

This essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account for it, they are not successful in doing so. This failure in the prevailing literature on the philosophy of law, I suggest, nevertheless has an implicit reconstructive impact: the insights into the failure of natural law theory and legal positivism imply an alternative philosophical framework that may provide a positive answer to the question of the normativity of law.     

Precarious Territory: Property Law,Housing, and the Socio-Spatial Order

Most of us access shelter over land over which other people have legally sanctioned dominant interests and powers, creating systemic relations of security and vulnerability that I term precarious property. We all live inside the territory of property, but do so under different terms. Rather than thinking of the territory of property as an exclusive space of insiders and outsiders, I think of it as a relational technology that organises forms of conditional spatial access. Territorialised expressions of law play a crucial role in organising such relations through a “property space” that frames property’s participants, their interactions, their alternatives to transacting, and the meanings of property itself. Thinking territorially about precarious property offers us both analytical and ethico-political insights, I suggest.     

Performing Trans in Post-Revolutionary Iran: Gender Transitions in Islamic Law,Theatre, and Film

In the wake of a string of sensationalist documentaries about transsexuality in Iran, Iranian theatre and film artists began crafting groundbreaking trans performances to educate audiences and depict characters living non-heteronormative lives without the translating influence of queer theory or identity politics. Investigating transsexual bodies as assembled by jurists in Iranian Shi?a jurisprudence and by artists on stage and screen reveals the ways in which the transsexual body is constructed in Islamic legal discourse and represented in narrative and bodily form in the public imaginary in Iran. Representations of transsexuality in theatre and film highlight the role of the arts as a vehicle for social change, communal recognition, and self-cognition. In particular, performances of female-to-male gender transitions in theatre and film have expanded the boundaries of how gender presentation is translated onto Iranian stages, into Tehran coffeehouses, and onto global screens. These trans performances usher Iranian spectators into new forms of viewership and artistic consumption in their attempt to creatively represent transsexual bodies and narratives to increase tolerance towards transsexuals; further, they have ignited a conversation among artists and activists about the assemblage of transsexual bodies in artistic productions and the most effective narrative and emotional forms of catharsis to inspire change.     

Sleepwalking through History: Medicine,Arts, and Courts of Law

Somnambulism, or sleepwalking, has always been of interest to theologians, writers, philosophers, physicians, and others fascinated by unusual behaviors. This parasomnia, which was defined less precisely in the past than it is today, has long been featured in medical dissertations and books of medicine. Further, Shakespeare, Bellini, and Brown, among others, incorporated it into their plays, operas, and novels. Because some somnambulists turned violent and committed other acts detrimental to society, sleepwalking also demanded attention from legal systems, and guidelines were set for whether somnambulists could be held responsible for their actions. This historical review focuses on these developments pertaining to somnambulism through the seventeenth, eighteenth, and nineteenth centuries.     

Law, Policymaking, and the Policy Process: Closing the Gaps

Public policy scholars and public Law scholars often study the same substantive issues and have similar theoretical interests Yet students of the public policy process rarely consider the courts as policymakers in the same manner as do their public law counterpart We seek to explain this difference in approaches between the two Subfield on the question of the courts as policymakers, and we ask. how models of the public policy process should incorporate the judiciary.