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Illuminating their breadth and diversity, this book presents a
comprehensive and multidisciplinary view of legal documents and
their manifold forms, uses, materialities and meanings. In 1951,
Suzanne Briet, a librarian at the Bibliotheque Nationale in Paris,
famously said that an antelope in a zoo could be a document,
thereby radically changing the way documents were analysed and
understood. In the fifty years since this pronouncement, the
digital age has introduced a potentially limitless range of digital
and technological forms for the capture and storage of information.
In their multiplicity and their ubiquity, documents pervade our
everyday life. However, the material, intellectual, aesthetic and
political dimensions and effects of documents remain difficult to
pin down. Taking a multidisciplinary and international approach,
this collection tackles the question, what is a legal document?, in
order to explore the material, aesthetic and intellectual
attributes of legal documentation; the political and colonial
orders reflected and embedded in documents; and the legal, archival
and social systems which order and utilise information. As well as
scholars in law, documentary theory, history, Indigenous studies,
art history and design theory and practice, this book will also
appeal to those working in libraries, archives, galleries and
museums, for whom the ongoing challenges of documentation in the
digital age are urgent and timely questions.
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.
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.
This book brings together feminist academics and lawyers to present
an impressive collection of alternative judgments in a series of
Australian legal cases. By re-imagining original legal decisions
through a feminist lens, the collection explores the possibilities,
limits and implications of feminist approaches to legal
decision-making. Each case is accompanied by a brief commentary
that places it in legal and historical context and explains what
the feminist rewriting does differently to the original case. The
cases not only cover topics of long-standing interest to feminist
scholars - such as family law, sexual offences and discrimination
law - but also areas which have had less attention, including
Indigenous sovereignty, constitutional law, immigration, taxation
and environmental law. The collection contributes a distinctly
Australian perspective to the growing international literature
investigating the role of feminist legal theory in judicial
decision-making.
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