The Force of Meaning

Knox, Sara L.; Davies, Christie

doi:10.1080/09502386.2012.722288

Cited by 5 publications

(2 citation statements)

References 12 publications

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“…(Geertz 1983); (Kahn 1999); (Assier Andrieu 1996); (Coombe 2001, pp. 36-62); (Knox and Davies 2013). See (Kahn 1999, pp.…”

Section: Introductionmentioning

confidence: 99%

The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Brachotte

2021

Laws

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This article studies religious arbitration from the perspective of global legal pluralism, which embraces both normative plurality and cultural diversity. In this context, the article considers that UK arbitration law regulates both commercial and religious arbitration while relying on a monist conception of arbitration. It further identifies two intertwined issues regarding cultural diversity, which find their source in this monist conception. Firstly, through the study of Jivraj v. Hashwani ([2011] UKSC 40), this article shows that the governance of religious arbitration may generate a conflict between arbitration law and equality law, the avoidance of which can require sacrificing the objectives of one or the other branch of law. The Jivraj case concerned an Ismaili arbitration clause, requiring that all arbitrators be Ismaili—a clause valid under arbitration law but potentially not under employment-equality law. To avoid such conflict, the Supreme Court reduced the scope of employment-equality law, thereby excluding self-employed persons. Secondly, based on cultural studies of law, this article shows that the conception of arbitration underlying UK arbitration law is ill-suited to make sense of Ismaili arbitration. In view of these two issues, this article argues that UK arbitration law acknowledges normative multiplicity but fails to embrace the cultural diversity entangled therewith.

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“…(Geertz 1983); (Kahn 1999); (Assier Andrieu 1996); (Coombe 2001, pp. 36-62); (Knox and Davies 2013). See (Kahn 1999, pp.…”

Section: Introductionmentioning

confidence: 99%

The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Brachotte

2021

Laws

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“… 5. See, among others, S.L. Knox, Sara L. & C. Davies, ‘The Force of Meaning,’ Cultural Studies XXVII 1 (2013), pp.1–10, doi: 10.1080/09502386.2012.722288; L. Rosen, Law as Culture. An Invitation (Princeton: Princeton University Press, 2006); P.W.…”

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confidence: 99%

Legality and Affect Left and Right – Queering Legal Orders’ Normative Force with Feeling

Borchert

2023

Law, Culture & the Humanities

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In her book From Law and Literature to Legality and Affect, Greta Olson argues for an expansive view of the legal, which encompasses both one’s Rechtsgefühl and the sociocultural normative settings one is surrounded by. Acknowledging the existence of “a variety of competing nomoi” (Olson, From Law and Literature, p.7), i.e., diverse normative environments within a given legal order, notions of law as legality, and affect as law’s new Other are conceptualized as projects fostering legal pluralism. Yet, is such a pluralistic, diversified notion of legality able to challenge those normative legal-cultural conditions which still privilege cis, male, heterosexual, White, able-bodied, propertied non-immigrants? Agreeing with Roger Cotterrell that “[l]aw’s interpretive communities now reflect the patterned differentiation of the social” ( Law, p.100), and Olson’s claim that “ideas about law are negotiated outside of the courtroom, the parliament, or even the governmental office where law and legal ordinances are directly translated into everyday life experience” ( From Law and Literature, p. 20), this article examines how legality may speak back to law, in its professionalized, dogmatic sense, and to legal orders, and analyzes in which ways an understanding of law as legality may affect LGBTQIAP* rights activism. This critical queer theoretical perspective thus challenges Olson’s nomoi by approaching the limitations of legal affects for trans and queer legal subjects. By analyzing the design and logic behind two recent cases of anti-trans bills in the U.S., Arkansas’ HB 1570 (‘Save Adolescents from Experimentation Act’) and Idaho’s HB 500 (‘Fairness in Women’s Sports Act’) from a cultural studies perspective, this article examines how an expanded understanding of law as legality may affect the gendered, cis-ed, and heteronormative nature of the U.S.’s dominant legal order(s).

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Neoliberalism, Law and Culture: A Cultural Studies Intervention After ‘The Juridical Turn’

Aksikas¹,

Andrews²

2014

Cultural Studies

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The Force of Meaning

Cited by 5 publications

References 12 publications

The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

The Limits of Arbitration Law in Addressing Cultural Diversity: The Example of Ismaili Arbitration in the United Kingdom

Legality and Affect Left and Right – Queering Legal Orders’ Normative Force with Feeling

Neoliberalism, Law and Culture: A Cultural Studies Intervention After ‘The Juridical Turn’

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