University of Kent Open Access Journals
Not a member yet
879 research outputs found
Sort by
Affective Critique: Fear, Hope, Abandonment and Pleasure in Dianne Otto's Living with International Law
Get PDFDiscusses Dianne Otto's engagement with international law in terms of affective critique
Cultural Defence: An Odyssey for English Courts
Get PDFWhen individuals commit culturally motivated acts that clash with the law, they may ask the courts to consider imperatives that influenced their criminal behaviour; namely, invoke a ‘cultural defence’ so as to lessen their responsibility. The increasing amount of literature dealing with the issue and the defence’s recognition in other jurisdictions raises the question of its incorporation in the English courts. This piece seeks to contribute to that by illustrating the difficulties of such a development. It seeks to raise the issues of reviewing the authenticity of claims and the defence’s potential misuse, and most importantly, the difficulty in understanding the ‘foreign’. While the proponents of the defence have addressed some of these issues, others remained unexamined, lacking theoretical assessment, which is essential for incorporating the fluidity and changing nature of cultures. Such examination aims to function as a warning of the enormity of the reforms suggested by the defence’s proponents
What are aesthetic critical legal approaches trying to get us to understand about law?
Get PDFIn Horace’s Ars Poetica, the phrase ‘as painting, so poetry’ [ut pictura poesis] presupposes an equivalent aesthetic freedom between both poet and painter. Albeit with a different objective, Critical Legal Studies (CLS) aim at a similar outcome to Horace’s attempt; in relation to law—a connection between the individual and juridical rules—an intellectual evaluation or critique anent to a subjective perception that unifies law and aesthetics. With the groundwork provided by post-modernists largely empathetic to the Marxist and, in some cases, anarchistic cause, CLS scholars maintain an oft-repeated interpretation of classical as well as modern texts in view of notions apposite to social inequality or state oppression. Yet, by and large, the deep thought cascade extends to themes within the Frankfurt School, feminism, queer theory, legal realism (more pertinent to US’ CLS), amongst other approaches. The bulk of this paper will aim at a clear-cut inquiry into the intersections between the aforementioned CLS approaches, aesthetics and law
Transformations and Remembrances in the Digital Game We Sing for Healing
Get PDFDigital games, with their capacity for expression and facilitating experience through code, design, art, and audio, offer spaces for Indigenous creatives to contribute to Gerald Vizenor’s characterization of survivance as an active sense of Native presence. Indigenous digital games can be acts of survivance both in the ways they are created as well as the resulting designs. We Sing for Healing is an experiment in developing an Indigenous digital game during limited Internet access that resulted in a musical choose-your-own adventure text game with design, art, and code by Anishinaabe, Métis, and Irish game developer Elizabeth LaPensée alongside music by Peguis First Nation mix artist Exquisite Ghost. The non-linear gameplay expresses traditional storytelling patterns while enabling players to poetically travel in, through, and around traditional teachings. The design uses listening, choosing, and revisiting to reinforce what is best described as a non-linear loopular journey
Never Alone: (Re)Coding the Comic Holotrope of Survivance
Get PDFAt the core of this (re)coded comic holotrope are two concepts: game as world (re)mapping (rather than game as text) and the relationality and connections that reverberate through multiple realms. Indigenous use of digital media warrants engagement of indigenous theorists and scholars to this digital realm - Gerald Vizenor and Mishuana Goeman’s work on political and literary analysis to explore the concepts of Never Alone (re)mapping the comic holotrope of survivance. The portmanteau kinnections is introduced here to further articulate emergences of decolonial relations and kin-making practices
Native Pop: Bunky Echo-Hawk and Steven Paul Judd Subvert Star Wars
Get PDFMultiple Native American artists work in the genre of pop art as it holds an anticapitalist position and lends itself well to reaching a wider audience in a language familiar to many. This paper explores works of two contemporary Indigenous artists, Bunky Echo-Hawk (Pawnee/Yakama) and Steven Paul Judd (Kiowa/Choctaw), who are expanding the genre of Native pop art. In their works If Yoda Was an Indian and Hopi Princess Leia, they appropriate iconic images of Star Wars as a means to subvert popular culture, re-imagine what it means to be Indigenous in the 21st century, and create affirmative visualization of futurity for their respective communities. Through humorous and clever mashups of Star Wars characters and Indigenous visual languages, the artists explore the complex relationship between Indigenous peoples and film industry, defy stereotypical expectations of the mainstream audience about Native art, and create images that represent their personal experience with contemporaneity. By merging American pop culture with Native experiences, Echo-Hawk and Judd encourage multiple audiences to reconsider Native American history and position Indigenous peoples as active participants in the present.
Rewriting Reproductive Rights: Applying Feminist Methodology to the European Court of Human Rights' Abortion Jurisprudence
Get PDFThis article adopts feminist methodology to demonstrate how women’s rights and reproductive freedom can be enhanced at the judicial level: a process that can lead to legal reform. The practice of feminist judgment-writing is central in achieving this objective. Recently, feminist scholars and practitioners have come together to rewrite landmark judgments concerning women’s rights. Examples of these efforts can be found in the Women’s Court of Canada and the UK Feminist Judgments Project. Drawing from these reformative experiences, the article rewrites two abortion judgments of the European Court of Human Rights: A, B and C v Ireland and P and S v Poland. These revisions emphasise the necessity for alternate accounts of women’s rights in the courtroom
Diversity, Knowledge and Power
Get PDFIn this paper, Samia Bano comments on Karin van Marle's keynote presentation at the Diversity and Legal Reasoning Workshop held at Queen Mary University of London on 23 November 2016, sponsored by the Centre for Research on Law, Equality and Diversity and the Centre for Law and Society in a Global Context. Bano argues that in order for debates on diversity and legal reasoning not to become overly abstract or theoretical and therefore remain outside the social and cultural practices in which they operate, it is important that a critical rearticulation and reflection on the question of diversity and legal reasoning engages critically with questions of ontology, agency and the production and reproduction of resistant knowledges. This kind of critical engagement requires also a critique of internal power relations and knowledge claims made within communities and groups
Access Repository Dashboard
Do you manage University of Kent Open Access Journals? Access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard!