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Journal Article
South Atlantic Quarterly (2017) 116 (4): 707–725.
Published: 01 October 2017
...Giso Amendola In the struggles against neoliberalism, it is difficult to reconcile the language of instituent practices and the language of revolution, the transformation of the present in its totality. This difficult link also raises the problem of law. The production of commons is interpreted as...
Journal Article
South Atlantic Quarterly (2014) 113 (1): 109–128.
Published: 01 January 2014
... conservative and religious political movement seeking to set up India as a Hindu state—on shaping the contours of secularism in contemporary law. The struggle over the meaning of secularism came to a head in an Indian High Court decision in 2010. The case involved a dispute over the legal title to a piece of...
Journal Article
South Atlantic Quarterly (2014) 113 (3): 629–639.
Published: 01 July 2014
...Colin Dayan This article seeks to make sense of the diverse and contradictory materials of law that intervene in everyday life through strategies of containment, exclusion, and extermination. The prison is now the central public institution in the United States. Though hidden from sight, it defines...
Journal Article
South Atlantic Quarterly (2001) 100 (4): 897–917.
Published: 01 October 2001
...Keith Werhan Keith Werhan The Tie That Binds: Constitutional Law and Culture, Obscenity and Child Pornography The rule-of-law culture of the United States...
Journal Article
South Atlantic Quarterly (2001) 100 (4): 855–867.
Published: 01 October 2001
...Gaurav Desai Gaurav Desai Introduction: Culture before the Law In an essay seminal to the sociological study of law, Pierre Bourdieu writes...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 877–893.
Published: 01 October 2019
... and the have-nots and revisit its role in the construction of social relations of production within the metropolis. The South Atlantic Quarterly 118:4, October 2019 doi 10.1215/00382876-7825672 © 2019 Duke University Press Maria Rosaria Marella The Law of the Urban Common(s) Cities are...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 839–855.
Published: 01 October 2019
...Michele Spanò The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 857–876.
Published: 01 October 2019
...Francesco Brancaccio This essay will show what are some of the qualifying characteristics of the theoretical construction of the law of the common. It will be divided into two parts. In the first part, I will review some of the main structural modifications that affected modern law with the advent...
Journal Article
South Atlantic Quarterly (2019) 118 (1): 175–187.
Published: 01 January 2019
...Saygun Gökarıksel; Z. Umut Türem Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from the rule of law toward rule by law; that is, law’s political instrumentalization by powerful authoritarian movements or personalities. Informed by the liberal legalist...
Journal Article
South Atlantic Quarterly (2019) 118 (1): 1–21.
Published: 01 January 2019
...Bülent Küçük; Ceren Özselçuk This essay frames the emerging regime in Turkey as a question. Starting with a discussion of the limits of conjunctural analysis, we offer some fragmentary analysis. We highlight transgression of law and imperial fantasies as the two constitutive aspects that have...
Journal Article
South Atlantic Quarterly (2015) 114 (3): 670–679.
Published: 01 July 2015
...Itamar Mann The BDS movement has cast its campaign in legal terms, successfully conceptualizing the regime currently in place in Israel-Palestine as one that violates international law and requires a measure of transnational enforcement. Yet, from the perspective of Jewish Israeli citizens...
Journal Article
South Atlantic Quarterly (2008) 107 (1): 15–36.
Published: 01 January 2008
...Catherine Mills This essay examines the notion of “playing with law” that Giorgio Agamben proposes in State of Exception and, more broadly, his understanding of “play” as developed in works such as Infancy and History . In this latter text, Agamben provides his most extended discussion of play...
Journal Article
South Atlantic Quarterly (2008) 107 (1): 121–143.
Published: 01 January 2008
... roman noir in the works of Raymond Chandler and James Ellroy, I will argue that we can witness a generic shift in the status of the “state of exception.” This shift concerns the relation between commodity culture, the law, woman, and the border figure of the detective, who is at once within and beyond...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 197–217.
Published: 01 January 2009
...Christopher Pye Focusing on Shakespeare's Winter's Tale , the essay counters Carl Schmitt's claim that Absolutism represents an ideal conjunction of the monarch's creative and legislative acts. It argues that early modern theater conveys the problematic character of the relation between law and...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 309–327.
Published: 01 April 2011
... crime. © 2011 Duke University Press 2011 Chris Cunneen Indigeneity, Sovereignty, and the Law: Challenging the Processes of Criminalization Introduction This essay explores the relationship between sovereignty and...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 347–362.
Published: 01 April 2011
...Christine Black This essay is a nonlinear narrative that attempts to “unthink” the ways in which Australian Indigenous peoples' identity, sovereignty, and law are discussed. An Australian Aboriginal law narrative and poetry are part of the unthinking language used to discuss these definitions. The...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 403–427.
Published: 01 April 2011
... law has responded to Indigenous peoples' demands for cultural survival, appraising progress made and suggesting further improvements to the international legal regime. In doing so, the essay focuses on the 2007 UN Declaration on the Rights of Indigenous Peoples, overwhelmingly passed by the UN General...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 447–463.
Published: 01 April 2011
...Cheryl Suzack This essay undertakes a cultural analysis of law and literature to analyze the relationship between the Supreme Court of Canada's reasoning in Delgamuukw and Eden Robinson's novel Monkey Beach . It shows how legal texts enact a foreclosure of social space by transforming human...
Journal Article
South Atlantic Quarterly (2011) 110 (1): 179–204.
Published: 01 January 2011
... through changes to citizenship law. These changes, however, did less to prevent illegal migration than to expand migrants' routes into becoming designated as illegal and suffering harsh consequences. Furthermore, the legal changes reworked sexual, gender, racial, class, and cultural hierarchies at local...
Journal Article
South Atlantic Quarterly (2001) 100 (4): 949–966.
Published: 01 October 2001
...Carole Boyce Davies Carole Boyce Davies Deportable Subjects: U.S. Immigration Laws and the Criminalizing of Communism There are, under our present...