Evidence and the Archive

Ethics, Aesthetics and Emotion

Nonfiction, Reference & Language, Law, Evidence, Research, Legal History
Cover of the book Evidence and the Archive by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781315455556
Publisher: Taylor and Francis Publication: September 3, 2018
Imprint: Routledge Language: English
Author:
ISBN: 9781315455556
Publisher: Taylor and Francis
Publication: September 3, 2018
Imprint: Routledge
Language: English

This collection explores the stakes, risks and opportunities invoked in opening and exploring law’s archive and re-examining law’s evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law’s work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law’s evidence. Within socio-legal discourse, the move towards ‘open justice’ has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This collection explores the stakes, risks and opportunities invoked in opening and exploring law’s archive and re-examining law’s evidence. It draws together work exploring how evidence is used or mis-used during the legal process, and re-used after the law’s work has concluded by engaging with ethical, aesthetic or emotional dimensions of using law’s evidence. Within socio-legal discourse, the move towards ‘open justice’ has emerged concurrently with a much broader cultural sensibility, one that has been called the "archival turn" (Ann Laura Stoler), the "archival impulse" (Hal Foster) and "archive fever" (Jacques Derrida). Whilst these terms do not describe exactly the same phenomena, they collectively acknowledge the process by which we create a fetish of the stored document. The archive facilitates our material confrontation with history, historicity, order, linearity, time and bureaucracy. For lawyers, artists, journalists, publishers, curators and scholars, the document in the archive has the attributes of authenticity, contemporaneity, and the unique tangibility of a real moment captured in material form. These attributes form the basis for the strict interpretive limits imposed by the rules of evidence and procedure. These rules do not contain the other attributes of the archival document, those that make it irresistible as the basis for creative work: beauty, violence, surprise, shame, volume, and the promise that it contains a tantalising secret. This book was previously published as a special issue of Australian Feminist Law Journal.

More books from Taylor and Francis

Cover of the book The Meanings in History by
Cover of the book Environmental Mediation by
Cover of the book A History of Czechs and Jews by
Cover of the book Global Companies, Local Innovations by
Cover of the book Learning Theory and Behaviour Modification by
Cover of the book Child and Adolescent Psychiatry for the Specialty Board Review by
Cover of the book Framing Strategic Urban Projects by
Cover of the book The Ekphrastic Encounter in Contemporary British Poetry and Elsewhere by
Cover of the book Encyclopedia of the Novel by
Cover of the book A Best Practice Guide to Sex and Storytelling by
Cover of the book Paths to Contemporary French Literature by
Cover of the book Regional Development in the Knowledge Economy by
Cover of the book Jane Austen by
Cover of the book Staging Spectatorship in the Plays of Philip Massinger by
Cover of the book Learner-Centered Theory and Practice in Distance Education by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy