Of What Value is Gramsci's Concept of Hegemony to our Understanding of Law Today?
Of What Value is Gramsci's Concept of Hegemony to our Understanding of Law Today? Introduction Gramsci spoke about hegemony in the singular as a large-scale national phenomenon that permeated in everyone's lives. He had varying views of what hegemony represented, but there was a general theme surrounding his varying definitions. In advancing his notion of hegemony, Gramsci believed that in society, people subordinated themselves to political leadership that generally operated under an unsatisfactory system of rule. The inability of the masses to replace the system with one that would benefit them formed the crux of Gramsci's hegemonic argument. Today, Law is arguably hegemonic in a Gramscian sense because it compels people to comply with a set of dominant practices and institutions, with (and without) adverse threat of physical force. Notwithstanding his argument that people willingly consent to a system that renders them alienated and disempowered, Gramsci undermined the role that law plays in securing this consent. Gramsci may have raised a flawed argument pertaining to the notion that hegemony was inherently induced by a specific class of dominators. The hegemony that exists today is arguably more decentralized, insidious and diffused than the domination at the hands of a ruling class. The recognition of hegemony does not tell us what legal system to create once the
Why did the campaign for civil rights in Northern Ireland lead to a political crisis for the state?
Seamus O Doherty 01369288 3rd Arts. Michael Donnelly Introduction to Northern Ireland Politcis. Q.3 Why did the campaign for civil rights in Northern Ireland lead to a political crisis for the state? Conflict...the disturbances...the troubles....each of these are synonymous, euphemised and clichéd phrases used in conjunction with Northern Ireland. Yet in saying this I am not attempting to launch an attack on the vocabulary skills of the numerous writers and texts which have been produced on this subject matter. Instead I wish to underline that these phrases are inadequate, and to understand the full scale of these" troubles" we must multiply our conception of trouble or conflict at least tenfold. Northern Ireland has had deep historical divisions for centuries and in this piece I will be looking at the relatively more recent side of the conflict as it has unravelled over the last forty years. This piece will be primarily concerned with the build up to the civil rights campaigns in Northern Ireland and there effect on the political stability of the state. Firstly I intend on looking at the existence of any inequalities at this time and how these in turn may have initiated the civil rights campaigns. Following this I will look at the formation, requests and expansion of the campaign throughout the province of Ulster. To coincide with this section of this article I will
Lacan and Dora. Identification, Desire and Anxiety.
Lacan and Dora. Identification, Desire and Anxiety The case of Dora, the hysteric, is one which held a fascination for Lacan throughout his life. This is reflected in the number of times he returns to Dora in his seminars. Even in Seminar I (1954/5) he comments on the frequency with which he had already made use of it:" Now I am going to make use of an example which you are already familiar with, since I have gone over it dozens of times - the case of Dora" (p.183) Why was it that Lacan found Dora so obsessive ? In looking at his many varied approaches over the years it is possible to see that he saw the case as unpeeling a large onion, that has layer upon layer of meaning, "...there is no reason why analysis, should not be conceived of as a process of fleecing, of peeling away the systems of defence..." (ibid, p.185) So, it is proposed to examine some of these aspects of Dora's hysterical symptom. Lacan provided an outline of her various identifications which she used to hide her symptom. In Seminar IV he traces her various identifications on to schema L Schema L is worked through in Seminar IV, the Real, the Imaginary and the Symbolic replace Freud's second topography of ego, id and superego. Two diagonals intersect the imaginary axis links 'a' the ego to a' 'the other'. The axis from S (subject), which is Freud's id, links to A ( the Other) at a point it crosses the
Essay on how judges decide cases
"Every judgment I write is a lie. I will repeat that statement: every judgment I write is a lie. This was the opening sentence of a lecture that I gave to students at the University of Toronto some years back, and, as I said in the Introduction, it captured their attention. . . I explained to my bemused audience that as a new judge on the Constitutional Court I would always smile inwardly when first reading my judgments in print. The judgments told their story in such an orderly, clear, sequential narrative form. They would begin by stating the issue raised, and then set out the history of the litigation and elucidate the specific questions to be determined. Next they would outline the relevant legal principles involved, apply them to the facts and arrive at the appropriate conclusion. . . . What produced my amusement was the knowledge that my judgments had in fact emerged from an inchoate - even chaotic - mental firmament quite different from that suggested by their ultimate assured expression. Mixed in with the formal logic there had invariably been an enormous amount of random intuitive searching and a vast element of unruly, free-floating sensibility. . . I wanted the students to understand that legal writing was not simply or even primarily about connecting pure, rational legal propositions together to produce a forward-moving train of thought that arrived at a
Discuss the operation of the Treasure Act 1996, the necessity to reform the ancient law of treasure trove and the successes/failures to meet the criteria to make it workable.
Discuss the operation of the Treasure Act 1996, the necessity to reform the ancient law of treasure trove and the successes/failures to meet the criteria to make it workable The Treasure Act of 1996 was brought into force on September 27, 1997 after many years of indecision, uncertainty and academic debate. This Act was designed to update and reinvent the law as regards to treasure trove, itself, as Roger.J.Smith professes was "governed by ancient common law principles"1 until the promulgation of the Treasure Act. The law in this area had reached a stagnant set of circumstances in which it was no longer in touch with modern times, and the passage of time had aided the academic discovery of treasure trove laws' lack of functionality. This discussion will seek to provide a coherent and accessible article documenting the circumstances leading to the change in the law and operation of the old legal principles. It will be necessary to assess the Treasure Act of 1996 and it's inherent differences to the law of treasure trove. Finally, it will be necessary to evaluate the criticisms levelled at the Treasure Act of 1996 and to discuss whether the reform has met its objectives and if not, how it could be implemented and improved. Until 1996, treasure was very difficult to declare due to rigorous rules governing the declaration of what was, or was not, treasure trove. Michael Bridge
The foundation of the Civil rights established in the 1930’s and 1940’s were more significant than the contribution of Martin Luther King.
The foundation of the Civil rights established in the 1930's and 1940's were more significant the contribution of Martin Luther King. In This essay I will plot firsly the significance of, the foundation of the civil rights movement, with particular emphasis upon the role and subsequent achievements to come out of the New Deal, NAACP and the second war. Then I will look at the contribution of Martin Luther king. In this paper I will attempt to show that the early movements of the 1930's and 40's set in motion a chain of events that meant by 1948 the progression of the civil rights movement was inevitable. Sub questions underlying debate. What is more important the long-term or the short-term causes of an historical event. As it is unlikely that either Martin Luther King nor Malcolm X would have had the impact they did activist working between 1933 or 1948 but the social situation of blacks was changed more dramatically by King and probably by Malcolm X than the earlier events. Can we assess different types of contribution against others? What is more important, changing the way people think about race or changing legislation promoting the before mentioned cause. what is more significant the first Black being omitted into a white university or the right to vote being granted to all black men there is no clear cut answer to this type of question. The organized mass
Feminism in the UK. As feminists claim the personal is the political they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law,
Women were the creatures of emotion and feeling. Aristotle said 'so is it naturally with female and male that one is superior and the other inferior, one governs, and the other is governed.'1 As well as this from a religious England, God was seen as a man and a male supremacist. Feminism has always existed but not widely talked about. It was only until 1895, the word feminist began to be used. Feminism is the ideology of advancing the role of women to match with men in terms of opportunity2. However this definition cannot clarify feminism as a whole, as different 'feminists' seem to hold different views. Rebecca West3, a famous English author and journalist who was committed to feminist thought said, 'I myself have never been able to find our precisely what feminism is: I only know that people call me a feminist whenever I express sentiments that differentiate me from a doormat, or a prostitute4. This gives the idea of a movement where women want to move away from the label second class citizens. As feminists claim 'the personal is the political' they have had a remarkable impact on the English Legal System today, so much that it has affected the world as a whole. Various aspects of English law like criminal law, family law5, property law, rape and domestic violence have been configured to suit women's necessities as well. 'In recent years, for example, both English and
Why would you say that American conception of rights is so individualistic? Is there a dilemma when applying the 'bill or rights' in an Individualistic or collectivist manner.
The Sociology of Human Rights North, South, East and West Sean David Usher: LLM International Law Why would you say that American conception of rights is so individualistic? Is there a dilemma when applying the 'bill or rights' in an Individualistic or collectivist manner. The USA is always viewed in extremes. It is on the one hand, a bastion of freedom, but has a chequered history of civil and human rights and on the whole, certainly in 2002, its citizens - men, woman, children, black, Asian, and gay certainly have more freedom than many other countries in the world. Some of the individual states offer freedoms comparable to those in Scandinavian nations, such as gay marriage, others still retain strict legislation dating back to the 19th century. The USA criticizes and receives criticism in equal measure. The USA has often been the driving force behind many of the more enlightened international bodies to deal with human rights. During the Nuremberg trials after World War 2, it was the American prosecutors who insisted on a 'fair' trial for the accused. The British and Russians had proposed execution without trial. Firstly, any comparison of human rights in the USA with those of its western peers and even some of its Asian peers requires a brief look at why Individualism is such a vital part of American culture. Individualism is a well-entrenched aspect of US
Analyse the 'right to life'; ascertain it's meaning, assess it's solidity, investigate infringements or violations of it that are deemed acceptable in certain quarters and identify these situations where violation can legitimately occur.
The right to life is regarded by many as an absolute right that may not be violated under any circumstances. Certainly, in appearance such a right is not set in stone. Avoidable deaths are plentiful, deliberate killings are endemic in our world. In this essay I wish to analyse the 'right to life'; to ascertain it's meaning, to assess it's solidity, to investigate infringements or violations of it that are deemed acceptable in certain quarters and to identify these situations where violation can legitimately occur. Whilst the right to life may be violated regularly (violators are not stopped by any cosmic force-field from killing) it is nevertheless widely perceived that to deny this particular right a barrier has been crossed, a morally repulsive action having occurred. Morals may vary but virtually all societies place sanctity on life. To be deprived of your life is, apparently, the ultimate infringement, removing your very being from the equation.1 However, it can be argued that the right to life is dependent on the 'duty' to refrain from killing. Two individuals in a room both have the right to life providing they each follow their duty not to kill each other. This notion is, at a glance, fine: everybody has the right to life. We all have a duty not to kill anybody else. But we live on a planet with finite resources, dependent on our ability to survive. To do this sometimes
"...widespread acceptance is that sport is of public value and it is this value that underpins the argument for legal protection." Discuss
"...widespread acceptance is that sport is of public value and it is this value that underpins the argument for legal protection."1 Sport's role in society can be traced back to the ancient times. Games played by the early Greeks were grounded in mythology and religious beliefs. Held in conjunction with festivals, they involved prayer, sacrifices and ritual feasts. As popularity at Olympia grew, they adopted further social, political and economic importance. Romans developed this, packaging sport in military training and appealing to the masses.2 Today's highly 'commercialised', 'trans-national' and enlarged Europe remains extremely sporting. Arguably, sport confers a sense of 'unity', transcending social loyalties, perhaps, the very lynchpin of a hegemonic system, while technology allows the media -particularly through television broadcasting 'sacrosanct' events3 - to remain central in reproducing this 'unity'. Consequently, free-to-air broadcasting4 and sport have enjoyed "a unique symbiosis".5 While globalisation and market liberalisation expand potential consumer markets, growing competition for broadcasting rights raises a further issue.6 Is the mere public's interest in watching sport a sufficient reason to require availability on television free of charge and legally protected?7 If so, does that right flow, as Lord Hoffman suggested, from 'citizenship'?8 Conversely,