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legal consciousness

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Journal Article
positions (2021) 29 (3): 523–549.
Published: 01 August 2021
... in response to the formal legal system, what it supports and allows. The article uses theorizations of legal consciousness, law's “shadows,” and “order without law” to compare strategies and reactions of Japanese citizens and foreigners engaging the legal system in Japan. It argues that the written...
Journal Article
positions (2021) 29 (3): 551–579.
Published: 01 August 2021
...; they not only diversify the norm but also potentially shift the very ground on which normativity is created. same-sex marriage lesbian co-mothers LGBT rights legal consciousness Taiwan On January 26, 2018, an image appeared on a large outdoor billboard positioned on a rooftop near the Taipei main...
Journal Article
positions (2021) 29 (3): 453–468.
Published: 01 August 2021
... to how different temporalities are invoked by diverse modes of creating family and how different legal forms generate their own temporal orientations (Grabham 2016 ). For instance, Friedman and Chen describe the anticipatory quality of Taiwanese lesbian co-mothers’ legal consciousness given pervasive...
Journal Article
positions (2022) 30 (2): 245–275.
Published: 01 May 2022
... Rights . 2017 . “ Malaysia: Investigate Human Trafficking and Deaths in Immigration Detention Centers .” News Release, April 4 . www.fortifyrights.org/publication-20170404.html . Galli Chiara . 2020 . “ The Ambivalent US Context of Reception and the Dichotomous Legal Consciousness...
Journal Article
positions (2014) 22 (3): 603–633.
Published: 01 August 2014
... issue raised by the process of legalization is whether, as legal consciousness slowly spreads throughout the countryside, “access to justice” in itself becomes a problem.5 The high cost of legal proceedings often deters impoverished peasants...
Journal Article
positions (2005) 13 (1): 9–30.
Published: 01 February 2005
... of international communist revolution. In particular, Mao’s struggle was able to join various enmities (racial enmity, internecine enmity, colonial enmity, class enmity) into a radical theoretical consciousness of absolute en- mity that nevertheless could...
Journal Article
positions (2005) 13 (1): 169–175.
Published: 01 February 2005
...-determination of peoples, the possibil- ity to live together in peace, democracy, respect for human rights and the rights of the individual, respect for international law, the primacy of legality. positions 13:1 © 2005 by Duke University Press...
Journal Article
positions (1995) 3 (2): 392–417.
Published: 01 May 1995
... footsteps. What I believed I saw was betrayal, cruelty, and, more than anything else, despair. I became interested in legal discourse, not because it was the “religion” my grandfather proudly professed but because I could see...
Journal Article
positions (1999) 7 (1): 225–237.
Published: 01 February 1999
... World prostitutes, who argue that they are “sex workers,” operating under a false consciousness- are they supporting patriarchy by promoting prostitution? Have they sim- ply adopted a liberal Western discourse from the prostitutes...
Journal Article
positions (2004) 12 (2): 479–507.
Published: 01 May 2004
... itsassumptionthatthefamilyisanaturalsitefortheincubationofproletarian consciousness.2 I stress its singularity because Japanese proletarian writers generally tended to treat the ie, a legally codified family structure, as an impediment to revolution, not least because of its place within the logic...
Journal Article
positions (2004) 12 (2): 587–596.
Published: 01 May 2004
... against the law, they have produced not the least threat to morality. It is only because of their bodily symptoms, or possible symptoms, that they are legally restrained. The bodily symptoms of the confined are not under their control, and moreover...
Journal Article
positions (1995) 3 (2): 597–631.
Published: 01 May 1995
... of social consciousness.”54 The relationship between “legal and political superstructure” and ideology (“social consciousness”) is, in Marx’s defini- tion, parallel rather than hierarchical. In other words, ideology neither merely belongs to, nor...
Journal Article
positions (1999) 7 (2): 503–540.
Published: 01 May 1999
..., the national language of Japan.’ Yet when Japan acquired Taiwan in 1895 as a result of the Sino-Japanese War, the concept of Kokugo had only begun to emerge into Japanese political discourse and had yet to reach public consciousness. Japanese...
Journal Article
positions (2009) 17 (2): 243–259.
Published: 01 May 2009
... today from the views of seven important scholars representing a broad spectrum of intellectual approaches that include sociology, anthropology, legal studies, film studies, literary studies, and cultural/psychoanalytic theory. Each essay...
Journal Article
positions (2008) 16 (1): 79–107.
Published: 01 February 2008
... the notion of “will” as a critical index of subaltern consciousness, Spivak contends that “the texts of counter-insurgency locate . . . a ‘will’ as the sovereign cause where it is no more than an effect of the subaltern subject-effect.”7...
Journal Article
positions (2022) 30 (1): 1–7.
Published: 01 February 2022
... was not qualified as a crime, but rather it was an issue of lifestyle, and homosexual behavior was ascribed to bad ideological consciousness, leftover bourgeois mentality, or a failure of political education: it remained in the sphere of “contradictions among the people.” The very categories of homosexual...
Journal Article
positions (2007) 15 (2): 369–401.
Published: 01 May 2007
..., and the rise of the nation-state in Europe as succinctly as Michael Hardt and Anto- nio Negri in their analysis of how the precedence of law is deeply embedded in the very forms of its articulation, in particular the legal contract: “By tak- ing up...
Journal Article
positions (2013) 21 (3): 497–546.
Published: 01 August 2013
... to the global economy — all of which converged in the making of Saigon, the colonial metropolis. In the city, new forms of individual consciousness arose as a result, and with them, new practices of collective socialization. Fraternal and other voluntary associations would develop and lead to the emergence...
Journal Article
positions (2001) 9 (1): 69–104.
Published: 01 February 2001
... police is our new idol.”40 The popularity of both political technologies, the disciplining of the citi- zen’s legal and finance consciousness, spells out the real danger of the state thatnowmarketsitselfasabenevolentregulator.Butontheotherhand...
Journal Article
positions (2021) 29 (3): 495–521.
Published: 01 August 2021
.... As adopting agnatic kin for the purpose of family succession was deemed the only legitimate form of adoption, significant hurdles existed for other kinds of adoption in Korea. This article examines the history of domestic adoption in Korea and highlights the legal hurdles to domestic adoption...