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Traditional Structures (traditional + structure)

Distribution by Scientific Domains
Humanities and Social Sciences75%

Selected Abstracts

The Jurisprudence of Constitutional Conflict: Some Supplementations to Mattias Kumm

EUROPEAN LAW JOURNAL, Issue 2 2006
Theodor Schilling
This CBS is supposed to be part of neither the Community nor the municipal legal systems but to emerge from a legal practice comprising the whole of Community and municipal laws. Preliminarily Kumm claims, situating himself, for argument's sake, within the framework of analytical jurisprudence, that there is no legal reason for a court not to choose a different ultimate legal rule than the one it used to adhere to. These supplementations argue that Kumm's preliminary claim is erroneous. If accepted, this argument eliminates one of the reasons for the development of CBS. Concerning Kumm's main claim, these supplementations argue that the substantive content of CBS,its principles,may well be, and indeed largely already are, accommodated within the traditional structure of legal systems founded on ultimate legal rules, and that the structure proposed by Kumm would make impossible any distinction between general and legal discourses, thereby seriously undermining the determinacy of law. It also argues that Kumm's CBS can be reconstructed, within the analytical framework, only as outright supremacy of EC law. [source]

The Hand that Rocks the Cradle: Maternity, Agency and Community in Women's Writing in German of the 1970s and 1980s

GERMAN LIFE AND LETTERS, Issue 1 2002
Emily Jeremiah
This article puts forth the idea of ,maternal performativity' as a way of going beyond pre-existing feminist conceptions of maternal agency. ,Agency' is important because, as numerous feminists have pointed out, the mother in Western culture has traditionally been conceived as passive and mute. I argue that challenging the traditional public/private divide is vital to the project of developing and enacting this maternal performativity, as the novels in question demonstrate. Where this opposition is left unquestioned, the texts suggest, mothers are marginal to the point of abjection. I look firstly at three texts in which mothers are depicted as utterly abject (Elsner, Pedretti, Beutler), then at two in which the idea of maternal agency is approached but ultimately jettisoned in favour of a resigned kind of essentialism (Struck and Frischmuth), and finally at one in which the mother is active and performative, but is still shown as hampered by traditional structures (Schroeder). The novels, and my article, thus performatively reveal the need for a maternal performativity to be acknowledged and practised. [source]

Political Theology and Shakespeare Studies

LITERATURE COMPASS (ELECTRONIC), Issue 1 2009
Jennifer R. Rust
The current focus on political theology in Shakespeare studies is largely devoted to tracing how Shakespeare's dramas illuminate the structural link between religious and political forms in both early modernity and modern liberal democracy. Critics concerned with addressing Shakespeare's engagement with political theology are also interested in how Shakespeare's portrayal of sovereign bodies in crisis constitute an early representation of ,biopolitics'. These critics draw on theorists ranging from Carl Schmitt to Giorgio Agamben to inform their analyses of the way Shakespeare dramatizes sovereignty in a ,state of emergency' in his histories and tragedies. Plays such as Richard II, Coriolanus, and Hamlet have drawn particular attention insofar as they vividly interrogate the nature of the sovereign exception and decision highlighted by theorists of political theology. While this line of criticism adds a new theoretical dimension to Shakespeare studies, it also offers the potential for remapping our understanding of the religious and political history of early modern England in its attention to the deforming pressure of religious schism on traditional structures of sovereignty. [source]

The Persistence of Patriarchy in Franz Kafka's "Judgment"

ORBIS LITERARUM, Issue 2 2000
David Pan
Though commentators such as Gerhard Neumann have read Kafka's "Judgment" as a critique of patriarchal authority and the tyranny of familial relations, the story's powerful effect originates from the affirmation of patriarchal authority which motivates its plot. The story situates the protagonist in a conflict between the demands of a patriarchal family and a universalist culture outside the family based on friendship. The victory of the father and the resulting death of the son function as part of an attempt to recover traditional structures of authority which have been eroded by a modern notion of culture based on individual freedom and ,elective' affinities rather than binding ones. The death of the son is not an example of senseless repression but of a self-sacrifice of modern and individualist desires in favor of the patriarchal authority of the father. [source]