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Issue Details: First known date: 2018... 2018 The Law, Vulnerability and Disputed Victimisation in Helen Garner’s The First Stone and Laura Kipnis’ Unwanted Advances
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'It is a rite of passage in the early days of law school to ponder eighteenth-century jurist William Blackstone’s famous ratio, in which it is deemed ‘better that ten guilty persons escape than that one innocent suffer’ (Blackstone 352), and the kind of society—or more importantly, normative vision of society—it meaningfully instantiates. The ratio, after all, as a precursor to the now commonplace presumption of innocence, suggests that the criminal division of law (and, more broadly, the rule of law and the tenets of procedural fairness it requires) has been designed so as to protect the accused from the sheer brutality of accusation, over and above its othersecondary function, which is to protect society from its criminal element, and protect victims of crime. It, then, heralds a specific political commitment: by stressing the importance of tempering the structural violence of sovereignty and the state apparatus in the organisation of a well-formed society, it correctly deemphasises or downplays the ways in which individual cases of injustice (that is, the ten guilty persons who escape) are able to shape the contours of social life.'  (Introduction)

Publication Details of Only Known VersionEarliest 2 Known Versions of

  • Appears in:
    y separately published work icon Australian Humanities Review Uncanny Objects in the Anthropocene no. 63 November 2018 15401281 2018 periodical issue

    'The Anthropocene has rendered the familiar strange and the strange familiar. As David Farrier suggests, ‘Surely the “sublime” is not the right way to characterise our visceral response to [the Anthropocene]. The “uncanny” might serve us better’ (np). The papers in this interdisciplinary collection consider what the era of the Anthropocene means for how we critically, artistically and affectively approach objects. In line with contemporary critical re-evaluations of the liveliness of objects (Bennett, Vibrant; Brown), this collection brings together things which are dead and/or alive, human and/or nonhuman, sensate and/or insensate, fantastical and/or historical, natural and/or cultural, spectacular and/or mundane. These objects are here re-enlivened in order to expose alternative ways of knowing the past, understanding this anthropocentric present, and imagining the role of humans in shaping environmental futures. In this way, the collection interrogates present and future problems—species mass-extinction, climate change, anthropogenic environmental impact—in relation to how the past is re-imagined, interpreted, commemorated, subverted and displayed. The collection considers human history in relation to the deep histories of nonhuman time and the more-than-human effects that a human-centred approach have often ignored or hidden. We are interested not only in objects as products of the Anthropocene, but in how the Anthropocene uncanny invites us to re-consider histories and objects in new and unexpected ways.' (Hannah StarkKatrina Schlunke  and Penny Edmonds  : Introduction: Uncanny Objects in the Anthropocene)

    2018
    pg. 190-196
Last amended 11 Jan 2019 09:05:48
190-196 The Law, Vulnerability and Disputed Victimisation in Helen Garner’s The First Stone and Laura Kipnis’ Unwanted Advancessmall AustLit logo Australian Humanities Review
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