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Legal Subject (legal + subject)

Distribution by Scientific Domains

Law and Criminology	71%
Humanities and Social Sciences	28%

Selected Abstracts

"Jurisdictional Politics" in the Occupied West Bank: Territory, Community, and Economic Dependency in the Formation of Legal Subjects

LAW & SOCIAL INQUIRY, Issue 1 2006
Tobias Kelly
This article examines the distribution of legal rights in the Israeli occupied West Bank. It argues that legal rights are distributed through a "jurisdictional politics" that tries to stabilize the contingent relationship between political community, territory, and legal subjects. In particular, this jurisdictional politics seeks to delimit the contradictory boundaries of the Israeli state by creating distinct categories of person out of the populations that live and work in the region. These issues are addressed by examining a dispute concerning the jurisdiction of Israeli law over Palestinian workers in Israeli settlements in the West Bank. The article ends by arguing that in the context of multiple movements of people, capital, and military force, attention must be paid to the often contradictory ways in which jurisdictional regimes seek to produce particular types of citizens and subjects. [source]

Políticas de la alteridad: Etnización de "comunidad negra" en el Pacífico sur colombiano

JOURNAL OF LATIN AMERICAN & CARIBBEAN ANTHROPOLOGY, Issue 2 2002
Eduardo RestrepoArticle first published online: 28 JUN 200
The ethnicization of the "black community" in the southern Colombian Pacific region is a process that originated at the beginning of the 1990s. Associated with the ruling of the article in the Political Constitution of 1991, which recognizes cultural rights and specific territories for the "black community," an innovative dynamic of organization was consolidated, articulated to politics of alterity in which multiple mediations and actors intervened. The present article is a contribution to the ethnography of the production of alterity, focusing on the black community as a political and legal subject in the region of the southern Colombian Pacific. [source]

Hans Kelsen's Doctrine of Imputation

RATIO JURIS, Issue 1 2001
Stanley L. Paulson
First, the author examines the traditional doctrine of imputation. A look at the traditional doctrine is useful for establishing a point of departure in comparing Kelsen's doctrines of central and peripheral imputation. Second, the author turns to central imputation. Here Kelsen's doctrine follows the traditional doctrine in attributing liability or responsibility to the subject. Kelsen's legal subject, however, has been depersonalized and thus requires radical qualification. Third, the author takes up peripheral imputation, which is the main focus of the paper. It is argued that with respect to the basic form of the law, exhibited by the linking of legal condition with legal consequence, peripheral imputation counts as an austere doctrine, shorn as it is of all references to legal personality or the legal subject. If Kelsen's reconstructed legal norms are empowerments, then the austere doctrine of peripheral imputation captures the rudiments of their form, exactly what would be expected if peripheral imputation does indeed serve as the category of legal cognition. Finally, the author develops the puzzle surrounding the legal "ought" in this context. Although Kelsen talks at one point as though the legal "ought" were the peculiarly legal category, the author submits that this is not the best reading of Kelsen's texts. [source]

"Dangerous Instrumentality": The Bystander as Subject in Automobility

CULTURAL ANTHROPOLOGY, Issue 1 2004
Sarah S. Lochlann Jain
ABSTRACT The automobile has been rendered invisible as a designed object that injures not only its consumers but other users of the street. This blind spot in how liability has been distributed in crash injuries has had three primary effects. First, it has resulted in a material distribution of goods in which the legal liability of automobile design as a cause of injury has been minimized. Second, it has determined how goods such as public space have been distributed, and third, it has had a constitutive role on how social and legal subjects such as a bad mothers and negligent drivers have been produced. [source]

Loosing the Dragon: Charismatic Legal Action and the Construction of the Taiping Legal Order

LAW & SOCIAL INQUIRY, Issue 2 2010
Glenn A. Trager
This article develops the notion of legal charisma by analyzing the Taiping Rebellion in mid-nineteenth-century China. The concept of legal charisma seeks to capture those normally inchoate aspects of law that transcend its institutionalized incarnations and empower its subjects to act out visions of the universal, often in anarchic and unpredictable ways. The article further suggests that such charismatic legal behavior, in spite of its anarchic qualities, provides an important means through which systems of legal authority revitalize and strengthen their hold over legal subjects. The Taiping Rebellion provides an example of both these facets of legal charisma; the rebellion drew on visions of collective empowerment inherent in a newly articulated legal code to act out a challenge to existing social institutions,even as this same code came to assert an ever-tightening grip on the lives of the Taiping population. [source]