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  1.  4
    Of Rebels and Disobedients: Reflections on Arendt, Race, Lawbreaking.Ayça Çubukçu - 2021 - Law and Critique 32 (1):33-50.
    Hannah Arendt valued the unprecedented, the unexpected, and the new, yet in essays crafted at the end of the rebellious 1960s, struggled to square this valuation with a palpable desire for law and order. She lamented that criminality had overtaken American life, accused the police of not arresting enough criminals, and charged ‘the Negro community’ with standing behind what she named black violence. At once, she praised ‘the white rebels’ of the student movement in the United States for their courageous (...)
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  2.  4
    Blasphemy in an Age of Corroding Secularity.Jasper Doomen - 2021 - Law and Critique 32 (1):51-67.
    ‘Sacred’ may be defined in various ways, depending on one’s worldview. In a pluralistic society, a single perspective from which to decide what is sacred seems absent. Yet certain elements are taken to be sacred such that they transcend individual worldviews. Their inviolability entails blasphemy laws, where ‘blasphemy’ extends beyond what is traditionally considered religious, since ‘religion’ itself is not clearly demarcated either. The interests of the sacred may be protected by blasphemy laws, but the downside of such laws is (...)
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  3.  3
    Corporate Law Versus Social Autonomy: Law as Social Hazard.Michael Galanis - 2021 - Law and Critique 32 (1):1-32.
    This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...)
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  4.  3
    Consensus, Difference and Sexuality: Que(E)Rying the European Court of Human Rights’ Concept of‘ European Consensus’.Claerwen O’Hara - 2021 - Law and Critique 32 (1):91-114.
    This paper provides a queer critique of the European Court of Human Rights’ use of ‘European consensus’ as a method of interpretation in cases concerning sexuality rights. It argues that by routinely invoking the notion of ‘consensus’ in such cases, the Court produces discourses and induces performances of sexuality and Europeanness that emphasise sameness and agreement, while simultaneously suppressing expressions of difference and dissent. As a result, this paper contends that the Court’s use of European consensus has ultimately functioned to (...)
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  5.  2
    The Spatio-Legal Production of Bodies Through the Legal Fiction of Death.Joshua David Michael Shaw - 2021 - Law and Critique 32 (1):69-90.
    Definitions of death are often referred to as legal fictions since brain death was conceived in the mid-twentieth century. Reference to legal fiction is generally paired with bioethicists’ concern that it facilitates post-mortem tissue donation and the health system generally, by determining death earlier on the continuum of dying and availing more viable tissue and therapeutic resources for others. The author argues that spatio-legal theory, drawing from legal geography, can account for the heterogeneity of effects that the fiction has in (...)
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