Browsing by Author "Shaw, Julia J. A."
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Item Open Access Aesthetics of Law and Literary License: an anatomy of the legal imagination(Springer, 2017-02-25) Shaw, Julia J. A.As a normative discipline, law defines its territory according to simple categories which establish absolute principles purporting to offer a single truth as to what is just and unjust, right and wrong, good and bad. In addition, linguistic and extrasemantic devices such as synecdoche, metonymy, rhythm and metaphor serve a referential function with which to penetrate the collective consciousness. The core assumptions derived from the implementation of socio-linguistic mechanisms transform the nature of legal analysis and are embedded within a diverse interplay of meanings. Aesthetic imaginings are evidenced to underpin and sustain ‘law’s symbolic processes and doctrines, institutions and ideas; that is, a realm of limitless fantasy, of free-flowing nomological desire, fixed around, and fixated upon controlling images that condense its central juridical concepts’; as the ‘jurists follow their own poetic and aesthetic criteria, their own spectral laws’ (MacNeil in Novel judgments: legal theory as fiction. Routledge, Oxford, p 9, 2012; Goodrich in Legal emblems and the art of law: obiter depicta as the vision of governance. Cambridge University Press, Cambridge, p 155, 2013). Yet still, founded on the negation of its own history, legal practice maintains that juridical arguments comprise only dialectical reasoning about objectively determined concepts: ‘law is a literature which denies its literary qualities. It is a play of words which asserts an absolute seriousness; it is a genre of rhetoric which represses its moments of invention or fiction… it is procedure based upon analogy, metaphor and repetition [that] lays claim to being a cold or disembodied prose’ (Goodrich in Law in the courts of love: literature and other minor jurisprudences. Routledge, Oxford, p 112, 1996). This article will explore the continuing commitment of modern legal practice to particular aesthetic values and how these are crucially implicated in a variety of legal competencies including the formation of key legal concepts and general intellectual activity.Item Metadata only Against myths and traditions that emasculate women: Language, literature, law and female empowerment(Springer, 2010) Shaw, Julia J. A.Item Metadata only Averting the catastrophe of cyberspace: towards the possibility of ethical regulation(Emerald, 2007) Shaw, Julia J. A.Item Metadata only Business education, aesthetics and the rule of law: Cultivating the moral manager(Emerald, 2010) Shaw, Julia J. A.; Shaw, Hillary J.Item Metadata only A case study on the Tobacco industry, social responsibility and regulation(Gower, 2010) Shaw, Julia J. A.Item Embargo Compassion and the criminal justice system: stumbling along towards a jurisprudence of love and forgiveness(Cambridge University Press, 2015-03) Shaw, Julia J. A.As the title suggests, Jeffrie G. Murphy’s latest anthology of thirteen essays comprises an agglomeration of his thoughts on punishment and forgiveness along with the moral emotions of guilt, remorse, resentment, shame, love and jealousy. All were written and published in law and philosophy journals between 1999 and 2011, with the exception of the final chapter in which he returns to an earlier passion for Kant’s moral, political and legal theory in relation to duelling, infanticide, shipwrecks and the right of necessity. Murphy’s enduring commitment to the quasi-Kantian ideal of human dignity is articulated by reference to the social significance of a religious framework within which, he claims, it is possible to elucidate an appropriately moral vision of punishment for criminal justice decision-making. Although the investigation of moral emotions is not purported to deliver solutions in the form of a set of precise rules or principles capable of producing specific outcomes, he provides normative direction by an appeal to the core values which comprise the traditional Christian ethic of forgiveness. Because, according to Christianity, we are all created in God’s image, there is resemblance between all human beings which means we are able to identify with the sentiments of others. Mindful of our own fallibility, therefore, Murphy urges compassion even for the serial killer in recognition of the innocent child he once was, quoting novelist William Trevor in Felicia’s Journey: ‘lost within a man who murdered, there was a soul like any other soul, purity itself it surely once had been’ (pp. 17-19). That is not to trivialise criminal behaviour and the harm done – the danger to self-respect, respect for the victim and for the moral order itself are not to be disregarded – rather it is suggested that in this way our moral judgments are appropriately tempered. By finding commonalities between ourselves and another, it is easier to ensure that a rightful demand for just punishment does not serve as a rationalisation for sadistic cruelty. Forgiveness, as part of the process of overcoming resentment, is also discussed in respect of heinous third-party crimes which involve historic injustices for which an entire society may be culpable such as the Holocaust, and for which appropriate legal punishment is not always feasible. Each essay presents a variety of divergent moral philosophies and concepts, poetry and literary works which are explored in order to illuminate the role played by our sensibilities on various theories of punishment and, significantly, their ability to enhance or endanger the legal and moral order.Item Metadata only The continuing relevance of Ars Poetica to legal scholarship and the modern lawyer(Springer, 2012) Shaw, Julia J. A.Item Metadata only Corporate Social Responsibility, Social Justice and the Global Food Supply Chain(Routledge, 2019-01-01) Shaw, Julia J. A.; Shaw, Hillary J.Food is a source of nourishment, a cause for celebration, an inducement to temptation, a means of influence, and signifies good health and well-being. Together with other life enhancing goods such as clean water, unpolluted air, adequate shelter and suitable clothing, food is a basic good which is necessary for human flourishing. In recent times, however, various environmental and social challenges have emerged, which are having a profound effect on both the natural world and built environment – such as climate change, feeding a growing world population, nutritional poverty and obesity. Consequently, whilst the relationships between producers, supermarkets, regulators and the individual have never been more important, they are becoming increasingly complicated. In the context of a variety of hard and soft law solutions, with a particular focus on corporate social responsibility (CSR), the authors explore the current relationship between all actors in the global food supply chain. Corporate Social Responsibility, Social Justice and the Global Food Supply Chain also provides a comprehensive and interdisciplinary response to current calls for reform in relation to social and environmental justice, and proposes an alternative approach to current CSR initiatives. This comprises an innovative multi-agency proposal, with the aim of achieving a truly responsible and sustainable food retail system. Because only by engaging in the widest possible participatory exercise and reflecting on the urban locale in novel, material and cultural ways, is it possible to uncover new directions in understanding, framing and tackling the modern phenomena of, for instance, food deserts, obesity, nutritional poverty and social injustice.Item Metadata only CSR and ‘Little Fleas’: Small is Beautiful(Social Responsibility Research Network, 2009) Shaw, Julia J. A.; Shaw, Hillary J.Item Metadata only CSR: Where is the love?(Emerald, 2006) Shaw, Julia J. A.;Item Metadata only The Degradation of the international legal order? The rehabilitation of law and the possibility of politics by B. Bowring.(Wiley, 2009) Shaw, Julia J. A.Item Metadata only The Durable corporation: Strategies for sustainable development / by Güler Aras and David Crowther(Emerald, 2009) Shaw, Hillary J.; Shaw, Julia J. A.Item Metadata only Economic accountability, regulatory reform and ethical management: Towards a new language of largesse(Gower, 2011) Shaw, Julia J. A.; Shaw, Hillary J.Item Metadata only The European Constitution and CSR: consensus or conflict(Emerald, 2006) Shaw, Julia J. A.Item Metadata only An explication of the legal and moral obligation to eradicate workplace ageism(Ashgate, 2009) Shaw, Julia J. A.Item Metadata only Item Open Access From Beethoven to Bowie: Identity Framing, Social Justice and the Sound of Law(Springer, 2017-11-09) Shaw, Julia J. A.Music is an inescapable part of social, cultural and political life, and has played a powerful role in mobilising support for popular movements demanding social justice. The impact of David Bowie, Prince and Bob Dylan, for example, on diversity awareness and legislative reform relating to sexuality, gender and racial equality respectively is still felt; with the latter receiving a Nobel Prize in 2016 for ‘having created new poetic expressions within the great American song tradition’. The influence of these composers and performers reached far beyond the concert hall. Conversely, musical propaganda has been a common feature of many dictatorships, most notably Nazism’s Adolf Hitler and Communism’s Joseph Stalin, and is still instrumental in the election campaigns of political parties. US President Donald Trump’s winning retro classic rock campaign playlist conveyed an idealised version of the past which aligned with the tastes and interests of his core constituency, and evoked feelings of nationalistic pride and patriotism. The eclectic selection of upbeat music effectively masked the underlying capitalist initiatives, corporate greed and allegations of financial impropriety that characterised both the Democrat and Republican campaigns. Although unable to impart meaning with the same level of precision as language, music has a potentially broader semantic capacity due to its greater elasticity. It constitutes a common language which has the ability to create a community of people that sings, speaks, reasons, votes and even feels the same way. Accordingly, this article explores the symbiotic relationship between music and law, identity politics and social justice, via the lens of musical semiosis.Item Metadata only From Fact to Feeling: An Explication of the Mimetic Relation Between Law and Emotion(Springer, 2013-12-18) Shaw, Julia J. A.; Shaw, Hillary J.
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