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From the side of politics, however, the situation is far more ambiguous. The fictional character of bourgeois right, which leaves freedom as an abstraction rather than a lived reality, is what, for Marx, ultimately made the bourgeois revolutions an impotent endeavor that could not live up to their own slogans.

The legal regime of rights of the citoyen in the new republic is like the fictional world created by the writer — real and yet unreal, a grant of freedom that is total in principle and yet abstract to the point of impotence with respect to the concrete existence of each living individual.

Thus, as Blanchot suggests, the literary act of creation stands in a relation of absolute analogy to the revo- lutionary act of creation. Bottomore, W. By the same token, however, it may yet be more optimistic about the ineradicable possibility of political change than classical Marxism could ever be. To put this in more technical terms, the seman- tic and grammatical functions of a word are and must be radically divorced from its referential functions.

This is the truth-claim of literature, its claim to be- ing more than just an escapist distraction from the real. On the other hand, this af- firmative, totalizing negation always turns out to be imperfect as well. Or, to put this point in the lan- guage of death that Blanchot privileges, what literature discovers is the impos- sibility of death as absolute nonexistence, absolute negativity.

Allow me instead to conclude by attempting to return this notion to the political realm of revolutionary violence something that Blanchot does not do, by the way. And in the American context, one could point to the question of constitutional inter- pretation: no constitution, just to the extent that it is written in language, is or could be written in stone. Which is to say, the impossibility of death as the possibility of politics.

The significance of death and its im- possibility remain omnipresent in all of his subsequent works, of course. Daniel Heller- Roazen, Stanford U. That, however, is fodder for another paper. Susan Hanson, U. Ann Smock, U. The question of their application has been raised by Derrida himself — deconstruction is already an application — it never exists by or for itself. In La Force de loi, for example, Derrida claims that justice works deconstructively and deconstruction is a movement of just- ness and justice.

The witnessing of death can occur before or after in the case of the survivor , but never in the moment. Finally, although I do not go into this in any depth, if the moment of death is in suspension, not present, capable of be- ing witnessed, but as if by someone else as the witness is not dead , and death permeates ways of thinking and living life, then no other moment is present ei- 1 This is not meant as a complete survey or analysis of this problem — partly at least be- cause I wish to reframe the problem itself, which has largely been dealt with through so- called analytical philosophical conceptions.

See in particular , I My Own As the Subject was increasingly decentred in Western philosophy since the late 19th century , so death came in to the absence left in its place. For Martin Hei- degger, for example, our being is determined by our mortality, and the sense of living as a relation to death. Living is also an accommodating of death as Blanchot would have it such that the authenticity of our living depends on knowing our relation to death.

Death is the absence of liv- ing obviously to the point where this absence cannot be lived, understood, en- dured. For Blanchot, there is a distinction between death and dying, with the latter being a form of being-toward-death. The impossibility of death is my impossibility — I am the only one who can own it, but it is the thing that cannot be owned, can never become proper, my property. Heidegger puts it like this: As potentiality-for-Being, Dasein cannot outstrip the possibility of death.

Death is the possibility of the absolute impossibility of Dasein. As such, death is something that is distinctively impending. Its existential possibility is based on the fact that Dasein is essentially disclosed to itself, and disclosed as ahead-of-itself. For Heidegger as it does for Hegel , this is what pro- vides the impetus for creative thinking and culture, for Emmanuel Levinas it brings ethics into being: the other becomes intimately related to me precisely because, like my death, it is not mine, but I exist in relation to it.

These two separations are what ensure that death infiltrates life, or, maybe, that the thought of death infiltrates the thought of life or being. But in the s, I think we can see some impa- tience with this idea. He is also interested in how we might communi- cate this thought, this odd and exemplary experience. Here, like Agamben, the possibility of witnessing, of testifying, or of testimony in general are raised as necessary supplements, supplements that are all the experience of death can be.

In Apories, death and life is being in anticipation of death. Death is not simply not being Apories: 33 , but the impossibility of being there when the not-being comes. In the text, the narrator talks of a young man about to be shot by a small troop of German soldiers who, it transpires, are Russians fighting in the German army , in The text raises the question of autobiography, of how life and writing combine. It does this through the deferral of death the young man is let off, and he walks away , which comes to constitute a perpetual living-on in death the only possible awareness of death, or the only awareness, we might have.

Translations will be my own. According to Heidegger, ontological conceptions of death — its relation to how to we live in awaiting it — precede biological ones, and existentialism offers the best form of ontological questioning, he claims. He argues that biology itself operates in the light of a presumption about what death is — and whatever its specific presumption, it will always in- clude a sense that death can be known, will turn out to be one readily identifi- able thing, once we understand it well enough.

Is another biology or another medicine possible? For Heidegger, humans are mortal in a way animals are not — in being aware of death Derrida, Apories: Derrida notes this, but there is none of the exploration and paradoxical thinking we might expect — a sure sign that Derrida does not really think it is worth pursuing a point, not that it is right.

If Blanchot is exempt from this criticism, it is because the moment of death being talked about occurs through a witnessing, an aporetic experiencing of death. II Persistence Technology has altered the definition of death — but the fact that what was ter- minal before is now less likely to be so is not the full truth of technology and death.

Instead of a progress to where death can be known or even eliminated, technology is a mediation of death. Technology is, in this respect, more than the machine element: technologies of death also include legal, political and medical interventions or strategies. But it is through machine technology that the other technologies acquire new or greater relevance and practical import.

Ever since electrical resuscitation saved people who had had cardiac arrests and the pos- sibility of heart transplants , the definition of death became strange: now the point of death would be where the body no longer responded to artificial intervention.

You would be alive only if a machine could save you… This point of no response would also be a subtly different moment from actual death — it being the point where the lack of response would lead to death. Death has be- come its own prediction or pre-emption — which in the phenomenological model outlined earlier, it always has been. As more people survived head trauma, but without recovering consciousness, clearly something else was going on or not.

Brain death offers a way of conceiving of a more or less functioning human body as dead. The latter two categories are both strange. Brain death is a judgement about the humanness of the human body in that state.

Tom Russell, in Brain Death, argues that this means we should be wary of the concept altogether — the quality of living should not determine logically, let alone morally whether a particular body is alive or dead. We might agree that a breathing human body is alive, but is it necessarily human?

Can we take the opposite direction, and assert that it is human, even if not hu- manly alive? Whether we do or not, both questions haunt each other. Aside from the medico-legal implications although no full separation is possible , what is the concept of brain death doing in terms of our understanding of what it is to be human.

Clearly being identified as a human biologically, and being alive, are no longer enough. Instead mental activity becomes a determinant of human life. The report is reprinted in Helga Kuhse and Peter Singer eds. The point at which someone is dead is increasingly far from a biological judgement. Furthermore, it encourages a distinction between conscious humanity and utterly unconscious human animals or, more accurately, human machines.

What does it mean to make this distinction law? They live in the imminence of death, but in the awareness that the imminence is withheld. The survivor lives on in this imminence, says Derrida, ostensibly of Blanchot Demeure: But the limit of this limit condition is the living on as a testimony of living on 14 — not in the full consciousness of so doing, but in the absence of thought, or to those who monitor, the absence of the appearance of thought which is the actuality of judgements of brain death or of irreversible PVS — a judgement based on the visual representation of brain activity, in- formed by philosophical presumption about what constitutes human life, built from legal interpretations of medical speculation.

Yes, but not just by or in itself, but in how it plays out, how it is conceived, acted upon, and how it offers a perpetual example in the shape of a PVS pa- tient of the exception, of the human as not human — or the question, the possi- bility of that, at least. In the case of judgements of brain death and PVS, we see the limits of living and living on as that which we are not supposed to be.

Is it recog- nition that humans do not exist except in relation to what is other to human, in this case survival technology? Or that we exist despite this technology? This body has always, if in different forms, been operated on, operated through, in the form of the exception — the place all political power however benign grounds itself.

What about a body emptied of its organs? Either Artaud was medically more accurate than anyone else, and the brain dead live pure unlimited but still embodied existences, or slightly more likely, what they show is that Artaud, and Deleuze and Guattari after him never meant for the brain, consciousness or the most obvious and basic bits of living to disap- pear.

The discourse around the living will is one of patient autonomy, and significantly, I imagine, not of choice, or control. The living will purports to reduce mental and physical suffering in- cluding that of relatives etc. The living will is all about improving the quality of re- maining life and is not to consist of pro-active intervention e.

Less of a moral person i. In practical terms, the absence of a living will usually entails the continuance of indefinite care, but the implication is that the now incompetent person has lost a key element of humanity, and therefore is not subject to the same level of moral care. That, after all, is the buried origin of law and culture. Both the living will and removal of treatment hinge on utilitarian considerations, and rationalist measures of the human.

But in so doing, the moment of death returns, as that which cannot be fixed as direct killing is still largely not allowed , and, at an arbitrary point, ironically echoing non-medicalised deaths, death will arrive. Whether a person is conscious or not, they and oth- ers should be made to respect the rights of the sane competent person — the only one fit to judge.

The case of death, the moment of death or when death can be brought are all subject to a negotiation of rationalism, just as it is a negotiation of living or being. Is the living will the ultimate statement of authentic life? Yes and yes. This is the aporia of death Derrida is interested in his writings of the s, where the enduring of this moment is the experience of death as that which will never quite occur, but is always close to occurring.

And this aporia is brought by another, indicated in La Force de loi: the moment of the decision, where justice is always withheld and under- mined by the moment of judging, of deciding an outcome, and is most close by at that point p, The liv- ing will is designed to pre-empt death, to bring it near. This con- sent has always already occurred. And not occurred. The near-dead body is, and turns out always to have been, the privileged origin of political, legal power — an origin that only becomes clear in retrospect, precisely where and when we manufacture more and more bare life.

Whereas law tends to suggest re- striction, authority and the exercise of power, literature signals the realm of the creative, the imaginative, and very often, the anti-authoritarian. The American legal realist, Jerome Frank, believed that the traditional formalist desire for le- gal certainty arose from a desire for the stability and safety that is often associ- ated with the image of the family.

Murphy and G. Murphy, Dublin: Thomson Round Hall, See also G. Accordingly many lawyers and literary theorists are prepared to accept that various aspects of literature and liter- ary scholarship may be considered additionally as pertaining to jurisprudential scholarship. The current recognition of an interrelation between the two areas can be traced back to the writings of two early twentieth century le- gal figures: John Wigmore and Benjamin Cardozo.

The separation between the austere legal institution and the beautiful texts of the literary canon has a long history and an honourable philosophical pedigree. From Plato to most contemporary jurisprudence, law is presented as following a principle of textual parsimony. Law is somber, prosaic and authoritative, its style is to suppress stylishness. Literature, on the other hand, in- volves flourishes of imagination and playfulness, experimentations with form and style which either have no immediate political or moral purpose or are critical of authority and power.

Moreover, there is no obvious thematic bond between the schol- ars engaged in law-literature scholarship, nor is there any thematic commonal- ity in the work considered as a whole. Although there is some overlap between the two branches, this distinction reflects the different concerns of Wigmore and Cardozo.

Law-in-literature looks to literary works for assistance in analysing aspects of law and legal systems as well as concepts of justice generally. Law-as-literature has two subdivisions: the appli- cation of literary theories to the law and methods of legal reasoning and the study of rhetoric in the context of legal writing. Writing in the law-literature field therefore contains work on very disparate areas of law, legal theory, lit- erature and literary theory. This chapter will proceed with a discussion of the law-in-literature branch of this scholarship, after which the law-as-literature approach will be considered.

Law in Literature As has been said, law-in-literature examines literary works for assistance in analysing aspects of law, legal systems, and legal theory. In terms of the choice of texts in law-in-literature scholarship, there is often an emphasis on the way certain literature can work to expand the sympathies — legal or otherwise — of the reader. For this is what is most ineradicably different about us: that we see and construct the world through different languages, so that what seems wholly natural to me is unseen by you, what moves you leaves me cold, and vice versa.

See also R. It is the knowledge that facilitates community [ Douzinas, op. Its emphasis on ra- tionality not only blinds it to the darker passions that undermine dialogue but also allows it to overlook the sense of communal sympathy that provides the only sound psychological base on which to build a republican politics [ We engage in dia- logue as equals because of this common bond, not the reverse.

The same will apply on those occasions when the insights of literature into law are of a more direct kind, with chapters or passages or even just sen- tences that challenge us to reflect jurisprudentially. The main themes of this book are not related to law, legal systems or justice. It is principally the story of a woman, Veronika, who attempts but fails to commit suicide by taking an over- dose of sleeping pills. When she wakes up in Villette, a local hospital, Ve- ronika is told that she has only days to live because of irreparable heart dam- age.

Denvir, op. Society had more and more rules, and laws that contradicted the rules, and new rules that contradicted the laws. Mari knew what she was talking about […] She had lost her innocent vision of Justice early on in her career, and had come to understand that the laws had not been created to resolve problems, but in order to prolong quarrels indefinitely.

Eventu- ally, Mari reasons, God expelled the couple, and their children paid for the crime too as still hap- pens with the children of criminals and thus the judiciary system was invented: the law, the transgressions of the law no matter how illogical or absurd , judgement in which the more experienced triumphs over the ingenuous and punishment.

This is certainly true of the parable of the Good Samaritan. How do you read? Now by chance a priest was going down that road; and when he saw him he passed by on the other side. So like- wise a Levite, when he came to the place and saw him, passed on the other side.

But a Samaritan, as he journeyed, came to where he was; and when he saw him, he had compassion, and went to him and bound up his wounds, pouring on oil and wine, and took care of him. Jesus realizes he is being tested and asks another question, imitating the lawyer.

The lawyer answers and 19 A. McKenna, op. Girard, Things Hidden since the Founda- tion of the World, trans. Bann and M. Metteer, Stanford: Stanford University Press, What is the content of the law, what is its referent; what is the relation of words to things? So the questioning, the testing, the contest goes on, and Jesus […] retorts with a story […] [F]or the second time Jesus does not answer the question put to him [ Jesus answers a question about the law, about its reference, with a story that ends with a question.

He is also one of use as we interrogate the law in its rela- tion to life. In going from Galilee to Judea, he would cross and then recross the Jordan to avoid going through Samaria. To the question of who among you will permit himself to be served by a Samaritan, the answer is only those who have nothing left to lose by so do- ing can afford to do so.

Crossan, Missoula: Scholars Press, In The Trial, for example, Joseph K. Instead, sexual 25 A. He is a suc- cessful and well-respected businessman employing numerous workers who ap- preciate his genuine concern for their welfare. Nobody knows that he is an es- caped convict.

His crisis of conscience is provoked by the arrest of another man who is mistaken by the authorities for Valjean. This other man is, unlike Valjean, still pursuing a life of crime. On the other hand if Valjean intervenes by confessing his identity, a great many men, women and children will suffer, since many of his workers will be unlikely to find alternative employment.

So Valjean considers. The reader therefore finds him or herself forming an opinion as to justice based on economic criteria. But Val- jean ultimately concedes that he simply cannot allow another man to be held responsible for his crime, thus upholding the principle of equality before the law as sacrosanct. This implies that evaluating the likely economic conse- 29 R. I may not be a temptation to most men, but I am to him.

One might indeed suggest that the practice of subjecting decisions to an economic analysis represents an insidious intrusion of received ideas into the far more complex and intricate domain of human values that the law needs to engage with.

Selby depicts a society without the least intimation of deep or subtle human values where in- dividuals are driven almost invariably by self-interest, the adrenalin of the moment and the most basic kinds of sensation seeking and self-abandonment, involving exploitation and violence on a frequent and casual basis.

In an inci- dent, almost unique in involving some authentic empathic sentiment, Tralala enjoys a relationship with a military man on leave, prior to his returning to duty. His love letter offers therefore an unprecedented opportunity for Tralala to recognize herself as personally valued whereas she has previously experi- enced herself only as being sexually desired. She opens an envelope given her by her lover at his departure. He is returning to military duties. Seeing that it contains no money, she throws it away, not bothering to read the love letter en- closed.

She returns to her habitual way of life with disastrous consequences. It is not uncommon for those who enjoy positions of wealth, power and influence to be tempted, as Valjean was, to trace an intimate relation between what advantages or disadvantages themselves and what advantages and disad- vantages society in general.

Nor is it uncommon for those of the disempowered who are without significant access to culture and who are driven largely by desperation to assume, as Tralala does, that only material acquisitions are of value. It might be argued that a legal system directed by essentially economic concerns would mirror back to both such constituencies a confirmation of their assumptions and prejudices.

Much of the attraction of economic analyses de- rives from their relative accessibility. Such analyses speak perhaps to concerns of self-interest, fears regarding security, calculations of grievances familiar to most of us. The economic argument shouts loudly but it is not the only argu- ment. Literature allows the other arguments to be heard.

Law as Literature As mentioned at the outset, there are two subdivisions of law-as-literature scholar- ship: the application of forms of literary theory to studies of the law and jurispru- dence, and the study of rhetoric as a means of enhancing various forms of legal writing. In relation to the former, to begin with a notable example, Ronald Dworkin has referred to literature as a kind of model for law. However, within that freedom the authors have an obligation to make the text the best it can be.

Similarly for judges who are con- strained — to a point — by precedent, and who are to make the law the best it can be. Decon- struction originated in the philosophy of Jacques Derrida as a series of philosophical practices regarding the interpretation of texts, including literary texts, and has been employed in a variety of legal fields.

Bix, Jurisprudence: Theory and Context, 2nd ed. Derrida has also addressed questions of law and justice directly. Cornell, M. Rosenfeld and D. Carson, London: Routledge, Difference is a derivative concept based upon identity: Two things are different if they are not identical. Self-identity depends upon difference because a thing cannot be identical to something unless it can be different from something else.

Identity is comprehensible only in terms of difference, just as dif- ference can only be understood in terms of identity […]. Derrida, Of Grammatology, trans. Balkin, op. Derrida, Positions, trans. Bass, London: Athlone, However, this will not do. It is the text as read, and not the text as written, that be- comes the law.

Cole argued that judges are more bound by precedent than poets; that great judges must, however, break from precedent in the manner of poets; and finally that great judges cannot overtly break from precedent because they must appear to cleave to it. While certain convergences between law and literature may be little more than ad- ventitious, the rhetorical and theoretical concerns developed by Bloom can help readers identify how cases subvert precedent to achieve meaning.

Through such a process, a text — whether literary or legal — conducts and invites strong misread- ings. This may primarily be an attempt — as the 45 K. See also P. Yoshino, op. Casey, S. Wade, U. Those who entertain doubts as to the relevance of literary criticism to law often assert that any so-inspired analysis can have little effect on legal pro- cedure in practice and provide moreover scant insights towards an understand- ing of the law as it is applied in the real world.

The hypothesis ventured here is that appropriate literary approaches can assist in revealing to one the deep structure of specific legal contests and reso- lutions in such a way that correspondences may be discovered to other legal contests that, on the surface, appear altogether distinct.

The case selected as an example is that of Sadek v Medical Protection Society. The society was open to medical practitioners, dental practitioners and others 49 K. Dr Sadek, a member of the society, had been provided by the society with advice and representation in re- lation to disciplinary proceedings brought by his employer, a National Health Service trust.

When the disciplinary proceedings were resolved adversely to Dr Sadek, he sought further advice from the society about possible proceedings against the trust in an employment tribunal. The second category referred to a union of employ- ers. The society appealed to the Employment Appeal Tribunal who, deeming that the society belonged within the third category, dismissed the appeal — but without expressing an opinion as to whether the society be- longed within the first category.

The Medical Protection Society appealed to the Court of Appeal, in- cluding in its submissions the claim that most of its members could not ade- quately be referred to as workers since they practised professions, and a further issue arose on appeal as to the relationship between the first and third catego- ries in s. Although both the employment tribunal and the appeal tri- bunal had erred to some extent, the tribunal of first instance had been correct in its designation of the society as an organisation of workers.

The case summarised above appears a relatively representative example of the legal process in practice. In other words, the distinction between workers and professionals was not a structuring princi- ple in law but a convention of usage lacking in any formal grounding. Cultural theorists also distinguish between syntagmatic chains and paradigmatic relations. One might intelligently enquire as to whether someone is playing as a forward or as a defender.

Or one might enquire as to whether one is play- ing lead or bass guitar. But it violates the code to ask whether someone is playing in midfield or on drums. The two separate sets, the former relating to footballers and the latter relating to a group of musicians, are in paradigmatic relation to each other. They occupy alternate universes of discourse.

The Lord Justice however viewed the terms profession and trade as syntagmatically related — interchangeable as far as the law was concerned. The initial tribunal had regarded the first and third categories as syntagmatic, accepting that an organisation could belong to both categories at the same time.

For example in science one seeks to excavate from specific instances formulae of more general applica- tion and in medicine one seeks to apply findings in regard to lower organisms to the in- vestigation of higher organisms. Therefore one could not sub- stitute a perception based on history or tradition for one based on law. Now, it can be argued that the deep structure delineated above has rele- vance for child custody cases in family law.

Consider the criticism often made by both women and men of court procedures in such cases, where it is alleged that parents are frequently not perceived or treated equally under the law but are regarded differently, depending on whether they are male or are female.

This criticism is often supplemented by the claim that womanhood can tend to be invested with an exclusivity and aura — a feminine as against professional mystique — with likewise little beyond historical custom and the relics of tradi- tional prejudice to recommend it. The argument that womanhood in reference to legal practice is in- vested with an aura dependant upon traditional associations involves addition- ally an appeal that the law demonstrates its more usual preference for langue over parole.

Consider now a separate criticism frequently made of the family law courts, and frequently by the same persons as suggest the criticisms outlined above. It is often argued that the courts do not adequately recognise that the child is likely to suffer through failing to have access to both parents. This criticism is often accompanied by the assertion that access to both parents is important as both parents fulfil contrasting or even complementary functions.

The valorisation of the two-parent over the single-parent family appears no less de- pendent on parole than the alleged idealisation of womanhood referred to ear- lier. Family law tends, due to the particular sensitivity of many of the issues it encounters, to allow parole more influence over langue than is usual with law. This modus operandi would perhaps benefit from being articulated in a properly systematic fashion so that it may be clarified precisely where the law is making appeal to its code and where it is drawing upon extraneous consid- erations.

The distinction between syntagmatic and paradigmatic associations the presumption of legal equivalence or difference applying to parents of sepa- rate gender might also be clarified more precisely. Though here again the courts perhaps tend to prefer to pick and mix perspectives, there seems in this instance less obvious justification for so doing.

Put plainly, legal equivalence and legal difference appear, even allowing for context, to be mutually exclu- sive options. But the argument ventured here does not depend on the virtue or other- wise of the speculations entered into immediately above. Even assuming the judgment in the Sadek case to be sound, it is not hypothesised that a law-as-lit- erature analysis will necessarily guide us towards a similarly correct decision in some other connection in this instance, in regard to family law.

It is hypo- thesised only that it may reveal a similarity in the way of deep structuring that might not otherwise have become apparent. It may not necessarily help us in making interpretations but perhaps it may help us in understanding more thor- oughly what it is we are interpreting.

As regards the other subdivision of law-as-literature, the study of rheto- ric as a means of enhancing various forms of legal writing, both legal and liter- ary texts are studied. See also S. Brooks and P. The decision a judge reaches can be criticized on the merits, as right or wrong, just or unjust. But what he says in defense or explanation of his judgment has meaning only inso- far as it succeeds or fails to persuade.

Or is it based upon respect and mutuality? In other words is it a community that seeks to make democracy possible? Rhetoric is a way of pursuing such questions … [I]t is a mode of criticism, in which we can engage only if we recognize that our talk is as real, as substantive, as our other action.

Conclusion Perhaps the most outstanding feature of law-literature scholarship in the context of jurisprudence generally is the absence of any common ideological bond between the scholars involved. Those who choose to study literary rhetoric to enhance legal rhetoric, for example, combine an inter- est in the law-literature field with some dedication to the bureaucracy of law.

Similar ideological divisions are evident elsewhere. For example, one writer has suggested that there are essentially two kinds of literary texts which are employed by the law-in-literature branch — those that describe the alien nature of the legal process e. An example of talk being as real and substantive as any other action might be the reference made earlier to the love-letter received and rejected by Tralala in Last Exit to Brooklyn. There has also been intense political disagreement over the question of the law-literature canon.

Judith Resnik observes that it is a crucial question what and who is given voice; who privileged, repeated, and invoked; who si- lenced, ignored, submerged, and marginalized. Law and literature have shared tra- ditions — of silencing, of pushing certain stories to the margin and of privileging others.

Camilleri, op. The process through which particular texts are selected and author- ized is not examined. Might it be that they are selected because they fit particular pat- terns of power, property and hierarchy?

What about the lost texts, the suppressed texts, the ignored texts? Heilburn and J. Desai, F. Smith and S. After the agenda made room for Homer and Melville, however, the audacity and openness stalled. For the most part, studies in Law and Literature still do not venture outside a narrow range of standard, Harvard-and-its- sisters approved literature. As Ian Ward has argued, the ambition of law-literature studies is primarily educative.

In his Reith lectures, Said stated: The higher one goes in the education system today the more one is limited to a relatively narrow area of knowledge [ Specialisation loses you sight of the raw effort of constructing either art or knowledge; as a result you cannot view knowledge and art as choices and deci- sions, commitments and alignments, but only in terms of impersonal theories or methodologies.

See also A. See also C. Collier, op. Balkin points out that the psycho- analyst reverses the privileging of the conscious over the unconscious as the motivation for human behaviour; and that there is also a focus in psychoanaly- sis on the marginal, the everyday events and free associations of ideas, the dream material.

But for this to be viable, lawyers and law students must have access to self-reflection. Litera- ture offers law its substance, its interpretive devices, and its rhetorical excellence. Each point of congruence between law and literature provides a source of limitless possibili- ties and alone would justify the reference to literature in legal education.

Literature re- flects knowledge about true human nature; law governs societal activity upon a formu- lation of true human nature. Ideally, human action should comport with the fullness of human knowledge. It is natural, therefore, not strange, for lawyers to take lessons from literature.

Ward, Law and Literature: Possibilities and Perspectives ftn. The student con- tracts into the university, the department and the individual module. In this age of transparency and performativity, of modu- larization and quality-audit, a whole range of contractual obligations are set out for the signature of the student and the signature implied by their employment status within the semi-judicial body of the university of the teacher.

Of course, the model of contract law immediately comes crashing up against the tradi- tional university principle of academic freedom. A huge question about how academic freedom which is supposed to be unconditional relates to the con- tract law model of teaching and course delivery immediately threatens to gen- erate a host of irresolvable problems.

If the module elected by a student, for example, is one in English literature and states in its advertised course content that it will cover six novels by Charles Dickens, then has there been a breach in the contract if the lecturer responsible for delivering the module only covers four novels by Dickens? The answer is unquestionably yes. The students are unlikely to, but they could legitimately complain that a contract has been bro- ken by the teacher in this instance. What are the limits of this kind of contract?

Has a contract been broken in this instance? If our answer is the latter option, then where do these invisible, ironizing, liberat- ing quotation marks end? When does academic freedom the principle that the teacher can say, rationally, in reason, in the name of reason, anything about anything meet the contract law model of module delivery which states that the teacher is limited in what he or she can do within specific modules and syl- labi?

In the context of the apparent need to legislate over the creative work of faculty staff, we have recently been discussing the concept of contractual obli- gations in the Research Committee of the Faculty of Arts, University College Cork. I refer to the Faculty of Arts, although in the restructuring process Uni- versity College Cork has entered into since the Faculty is, as I write, des- tined to become a College and to be renamed the College of Arts, Celtic Civili- zation and Social Sciences; significantly, this new College, replacing the tradi- tional Faculty of Arts, is to be separated from the Law Faculty, with which it formerly enjoined a twinned Faculty status.

Under the new College structure, already adopted in similar restructuring processes by many universities in other countries, the former Law Faculty is to be joined, in a College of Business and Law, with Commerce, Economics and Education. I think I succeeded, to a point. But the same goes for teaching, in the Humanities and the university generally.

If Derrida is right and the university is unconditional, in both senses of the term, then how as it must, or rather as it will, does the university considered as a judicial, legislative and executive body specify, locate and enforce contractual obligations, the law of contract for teachers and researchers? Derrida states: the modern university should be without condition.

This university claims and ought to be granted in principle, besides what is called academic freedom, an unconditional freedom to question and to assert, or even, going still further, the right to say publicly all that is required by research, knowledge, and thought concerning the truth. I want to quote one other brief section of the Derrida essay I have been referring to: Here then is what I will call the unconditional university or the university with- out condition: the principal right to say everything, whether it be under the heading of fiction and the experimentation of knowledge, and the right to say it publicly, to publish it.

It may well be that the border-line, the point of contact, conflict, of force between the principle of academic freedom and the law of contractual obligation occurs much closer to home, within our own faculty, our own departments, our own teaching, within us.

It gives itself up, it sometimes puts itself up for sale, it risks being simply something to occupy, take over, buy; it risks becoming a branch office of conglomerates and corpora- tions. This is today, in the United States and throughout the world, a major political stake….

It is a philosophical example and a literary one. Rousseau is discussing how we might inculcate an understanding of property in a pre-pubescent stu- dent. This seems logical and unobjectionable. The child has observed the gardener working and obviously wants to copy him. An emi- nently pedagogical scene, we might say. As Rousseau states: Let him [your pupil] always think he is master while you are really master.

There is no subjection so complete as that which preserves the forms of free- dom; it is thus that the will itself is taken captive. Is not this poor child, with- out knowledge, strength, or wisdom, entirely at your mercy? Are you not mas- ter of his whole environment so far as it affects him? Cannot you make of him what you please? His work and play, his pleasure and pain, are they not, unknown to him, under your control?

No doubt he ought only to do what he wants, but he ought to want to do nothing but what you want him to do. He should never take a step you have not foreseen, nor utter a word you could not foretell. A modern Rousseauvian first year module description is per- haps a rather ludicrous thing to imagine and script, and if only in that sense, Area by the year in which all differences are simultaneously eradicated and pre- served to be replaced by an educationally sensible and yet in many ways uninhabitable because lacking a faculty to see, to speak and to think and thus, in that sense, in-sensi- ble collegiate system.

Barbara Foxley, London: J. Dent, Everything you believe you are learning will turn out merely to be the pretence for a programme of educa- tion never explicitly explained to you, or at least not until well after the event.

You will be manipulated and even duped into learning in an excellent, quality- controlled fashion. It would never be allowed to come before Faculty or, now, the College , never mind being submitted for approval to the Registrar or the Executive Dean.

How could the university possibly audit for quality and ex- cellence a teaching which methodically said one thing whilst it did another? How could you ever establish a pedagogical contract based on duplicity, de- ception, mastery disguised as friendship and freedom of choice? How could an institution legislate for a teaching practice which had built into it such a du- plicitous, delayed unveiling of aims and objectives?

Such a refusal to enter into any contract, save for an unspecified, contentless contract to teach? We can be transparent in our educational aims and objectives with our students in university settings, since they are adults not children, and we are educators not pedagogues. This objection to the Rousseau- vian model is an historical objection: that is to say we can find it in numerous places, numerous texts.

This is a history which con- cerns questions about the limits and ends of childhood, the possibility of a fac- ulty of reason outside of power structures and ideological formations, and questions concerning the very nature of teaching, or what we can call the fig- ures of teaching: informing, conveyance, the inculcation of Erziehung or Bildung, the rendering of reason, vocational, technological and cultural in- struction, enlightenment, remembering, animation, archival training, a certain burning of the archive, didactics, the institutional perpetuation of class distinc- tions through social reproduction, and so on.

Michael W. Grenke, Indiana: St. Sorting out the different meanings of these terms is one of the major tasks that faces the reader of these lectures. In fact, we can go further and say that teaching is not and never has been identical to itself. There is a conflict over teaching which is far older than the modern university; as old, in fact, as philosophy itself. One could also philosophically consider whether education, in its institutional settings, can ever escape from the kind of social reproduction of power and inequality ana- lyzed in the work of Pierre Bourdieu.

For Jacotot, all that was needed for education was verification: an illiterate peasant father could teach his son or daughter to read, simply by verifying that they had learnt something when they attempted to read. Right to Philosophy 1, trans. Richard Nice, London: Sage Publications, Institutional education, with its insistence on explication, that is to say, creates the very ignorance it promises to annul.

Explication is not necessary to remedy an incapacity to understand. On the contrary, that very incapacity provides the structuring fiction of the explicative conception of the world. It is the explicator who needs the incapable and not the other way around; it is he who constitutes the incapable as such.

To explain something to someone is first of all to show him he cannot understand it by himself. Before being the act of the pedagogue, explication is the myth of pedagogy, the parable of a world divided into knowing minds and ignorant ones, ripe minds and immature ones, the capable and the in- capable, the intelligent and the stupid. On the one hand, he decrees the absolute begin- ning: it is only now that the act of learning will begin. On the other, having thrown a veil of ignorance over everything that is to be learned, he appoints himself to the task of lifting it.

We are increasingly before the Law as teachers. We teach in institutions which increasingly lay down the law of teaching. And that law demands that we deliver, before the scene of instruction begins, what we say we will deliver, during the scene of instruction. This juridical imperative threat- ens to flatten out teaching into a process purely concerned with a successful, direct, undeviating delivery, by which I mean it threatens to eradicate from teaching the temporal structure of delay.

To get into a debate over a certain Enlightenment ideal of the disappearance of the teacher is beyond my powers in this essay. I will say, however, that only the teacher can make him- or herself disappear. You need teachers if the teacher is ever going to disappear. Which is perhaps equivalent to saying that you need the delay in educational practice if the delay is ever to be eradicated.

It is increasingly difficult, nowadays, to speak about the ir- resolvable problems and aporias within the idea of teaching, now that teaching is so explicitly legislated for and so transparently contracted. Where, after all, would we nowadays spill the beans about teaching? I dig what my father tilled; every one does the same, and all the land that you see has been occupied time out of mind. But remember I shall dig up your beans if you touch my melons. As teachers who would engage in the philosophy of education, where can we spill the beans about the non-identical dimensions of teaching, now that education exists before the law, now that our educational institutions have a philosophy of teaching modelled on, informed by, contract law?

Teaching now, in the trans- parent university, is; teaching, now, will be. Contract law, the legal imperative of a successful delivery of pre-advertised outcomes, flattens teaching or at least threatens to flatten teaching into a mode of conveyance or delivery with- out delay.

Caroline Rooney, In such contexts, the teacher who believes for whatever reason — and there are many, and they are in perpetual conflict that teaching involves some kind of delay, a process in which outcomes cannot be specified or even, for some, guaranteed, or, for some, even imagined, might come to the conclusion that teaching itself is under threat.

My title is also meant, as is evident from what I have just said, to alert us to the question of teaching itself, as opposed to its philosophy and where the one ends and the other begins is a question I can only pose here. A delayed pro- cess. A process which, because it is delayed, necessarily delayed, contains the possibility and perhaps even the inevitability of chance, of the incalculable and the unpredictable, within it.

Can we teach in this sense, of spilling the beans, of drawing out and in-forming, of Erziehung and Bildung? Some- times positivity is less than reassuring, however. We might look, for example, at the Student Charter, distributed to each new student of University College Cork but no doubt replicated in universities throughout the world on their entrance into the university.

It also begins by explaining that it is not a legal document and has no legal status, gives no rights nor establishes any legal obligations. A strange speech-act, in fact. It can be read as an astonishingly clear example of the eradication of the temporal structure of delay in teaching. Marcus Bul- lock and Michael W. Jennings, trans. Edmund Jephcott, Cambridge, Mass. And London: Harvard University Press, The individual student who is being informed of a contract that is not legally binding?

Or the student-body as a whole to which the individual student belongs? You do not make contracts with collective student-bodies. And yet an institution cannot afford to contract anything specific about results, about satis- faction, about quality with individual students. Or rather, it has to be seen to do that, whilst knowing that it is impossible to do so. There is an aporia at the heart of this legally redundant document — and there are a proliferating number of similar documents in this and every other university — an aporia which goes to the heart of the uneasy relation between contract law and teaching, and in- deed the uneasy relation teaching has with itself.

Teaching obviously depends upon a legal or non-legal contract to teach. A contract with each individual student. A contract which can only be realised by teaching a student body. There can be no teaching without an implied con- tract to teach. Without such a contract there would never be any students. And yet this contract seems to say to each and every student you will be taught, we promise to teach you, but in order to fulfil that contract, that promise, we can- not teach you, you as an individual.

The contract to teach, the promise of qual- ity teaching, must be addressed to each individual student you cannot make a contract with a batch of students , and yet it is a contract, a promise, which in order to be made must include the possibility, for each individual student, of failure.

It is a contract with an addressee who, if teaching does occur, will not be exactly the same addressee as the one who entered into the contract on reg- istration. Teaching, the drawing out and the drawing in of reason, technique, cul- ture, formation, can only ever be an individual — teacher to student — process.

Teaching, in educational institutions, can only ever be, as a contractual obliga- tion, as a quality assured promise to teach, a delivery to a collective body ad- dressed as if it were made up of individuals. The responsibility of educational institutions to teach is aporetic. Teaching is and must be contractual; teaching, if it is to happen, must be a break with all contracts. Teaching must be and must not be legal, legislated for, before the Law. There must be and there must not be a law for teaching.

Which is perhaps to say that teaching is, or is something like, deconstruction. Or, to adapt what he says about translation: teaching is impossible and can happen every day. Fur- thermore, the analysis of the metaphorical subtexts shows that the feminine — and with it literature — is not only excluded from the field of law, but also from the law-and-litera- ture debate. But it is through metaphor that the excluded aspects corrode the discourse and present themselves as contaminating the law by the very thing it wanted to keep out, i.

Jane B. Lewis Hgg. Ausgabe: dies. Jacques Derrida, Die Schrift und die Differenz, 4. Jahrhundert verdankt,8 sondern — nicht zuletzt im deutschsprachigen Kontext — einer langen Tradition. Denn wie man sich bettet, so liegt man Richard H. Zur Typologie und Funktion von narrativen Darstellungen in Strafrechts- pflege, Publizistik und Literatur zwischen und , hg. Warum legt Grimm Recht und Poesie zusam- men in ein Bett?

Wer ist Mann, wer Weib? Grimm, ebd. Der konnotative Gehalt der Bett-Metapher weist eher in die Rich- tung einer Konjugation, die im grammatischen Sinne eine Abwandlung bzw. Nimmt man jedoch den metaphorischen Gehalt der Beugung eines Verbs, d.

Herders Brief an Caro- line Flachsland vom 4. I: , nach den Handschriften des Goethe- und Schiller-Archivs, hg. Hans Schauer, Weimar I, hg. Nancy K. Miller Hg. Jahrhundert hinein erinnert. Dagmar C. Lorenz, Stuttgart 6.

Mark N. Brown, Oxford Herr Recht und Frau Literatur? Ann C. Katharine T. Hermann Weber Hg. Zur Rechtswis- senschaft vgl. In general, the choice of texts has been unquestioned. Zur Geschlechterdifferenz in den Kulturwissenschaften, Stuttgart Luce Irigaray, Speculum: Spiegel des anderen Geschlechts, 1. Zur Funktion des Or- naments in der Gerichts- architektur vgl.

Jahr- hundert entsprechend als Objekt, als Materie oder Stoff begriffen, das seine Bedeutung bzw. The same can 53 Vgl. Ich kenne keinen Menschen, der mir nahe steht und der so wenig auf die Wahr- heit gibt wie meine Frau. Geburtstag, Baden-Baden VI,1, hg. My principle argument in this Essay is that the law-and-literature movement has failed to generate the excitement that it is capable of generating within the American legal academy because it has not been sufficiently interdisciplinary, or — to be more precise — it has not been very thoughtful about interdisciplinarity.

The border and fidelity metaphors tell a disconcerting, sexualized, story [ Ideally, the couplings of law and other disciplines are healthy and natural, satis- fying on both sides. Frau ist ein Name dieser Nicht-Wahrheit der Wahrheit. After the battle, he is shown dominating Vor dem Neuen Reich ca. In these meisten der bildlichen Belege der standardisierten Machtdemonst- Machtdemonst- cycles, both the violence of the battlefield, and the iconic and ritu- ration und der Kriegsszenen stammen, scheinen die beiden Katego- Katego- alized slaughter that follows, are intimately tied to the divine world.

In diesen Bildzyklen wird sowohl die but rather carefully constructed communications. But the images, and the actions they portray, were subtly dif- sie ihm die Macht gaben, genau dies zu tun. Somit stellt the afterlife and the gods who were their company. Egyptian kings sen. These smiting images are pienten und vom Kontext. Im Neuen Reich dienten Abbildungen von adjacent to the former mining camps.

The smitten enemies depicted in royal tombs repre- Menschen. The motifs take some artistic license Kupfer zu gewinnen. The re- angebracht. Um Trampled enemy soldier. The state has not diese Nachricht wirksam zu verdeutlichen, sind die Feinde als Orts- Orts- Actor: Olya Anikina just the right, but the duty to restore order by defeating terrorists.

Deshalb sind es die bewussten Abweichungen von den offering the successful violence as a gift to the gods. It achieves added significance because it heit, von Macht und Gewalt wird in einen in der Vergangenheit nicht pose universal questions. Darstellungsformen neues Leben einhauchen. So ist eine Ausdrucks- Ausdrucks- is an original composition. Die sequences of such images. Violent images are common in our violent Der Entstehungsprozess des fotografischen Reliefs, an dem ination in light of Egyptian representations.

Das so entstandene to insider and outsider audiences, and to recast events portrayed as wie sie heute noch funktionieren und vor allem wie wichtig sie sind. Nicht sofort, aber the introduction of elements outside the Egyptian temporal and cul- gen wie Kleidung mit dem Tarnmuster der US-Marines verbindet, ing can be seen in ISIS beheading videos. The setting is virtually blank.

Dies wird zum Beispiel in ular rehearsing, so the victim did not believe he was about to die , funktioniert. Personen in der Lage ist, einen einzelnen Moment festzuhalten, wes- wes- sentation both functioned in the ancient world and is relevant today. But it is an odd word in haft ewig zu sein. Kurz gesagt, jede Interaktion a single moment.

It treats the naturalistic particulars of a moment as things und seiner Bildikone muss als ein Aufschrei verstanden werden. Da ser Weise verstanden werden. In short, Gewichtung. Nicht nur der Inhalt des fotografischen Reliefs, sondern Amun. Die Inszenierung ist so gut wie gleich: Haltung, Kleidung und Waffe sind standardisiert. Dynastie ca. Die is in all hearts, and his eyes pierce through or seek out every being. There is no tomb for anyone who rebels jedes Lebewesen.

The god Horus was the mythical model for the ideal king of geworfen werden. In the case of the abortive harem conspiracy against ein apokalyptisches Szenario s. Law and Order, S. In der Geschichte des Sinuhe aus all the way to the top of the chain of command.

This system would dem Mittleren Reich ca. There is some evidence that poor and uprooted sectors of konnte. Dieses System umfasste sicher auf allen Vizier. The pinstripe fabric see p. The running soldiers lagern, in denen die Untergebenen unter strikter Kontrolle standen in the Law and Order relief p.

Es gibt auch Hinweise darauf, dass Amarna era. These analogies Gutes, hatten ein ureigenes Interesse daran, die Institutionen, denen make it plausible that intelligence and surveillance were an indispens- sie dienten, zu bewahren.

Hinzu kommt, dass die Geografie und able part of the state of Amarna, and maybe all of ancient Egypt. Einige Wissenschaftler haben Amarna, die Hauptstadt des von Echnaton errichteten theokratischen Regimes ca. Girl and variant. Gewalt und Freude.

Loeben, nutrition for the gods themselves. Thus, the gods imbued him with die sie darstellten bzw. Their tasks were to run a mostly centralized economy, which in tiv sein. This is exactly what the photographic relief Dear Pharaoh plexen Gesellschaft. The pharaoh king faces the viewer as a colossus sur- Dear Pharaoh darstellt.

In the middle reg- Untertanen. Im mittleren Register finden sich weibliche were the same civil servants who were responsible for administering sorgen. Zwei Wesire informierten lokale Gouverneure All of them worship the king as a god. Ein Teil der Land- Land- was conceived post-mortally, the king was the god Horus.

In both the divine and hen. Kim Jong-un is now the third leader in Warentauschwirtschaft, also ohne Geld! Dies wurde dann als Lohn the sun-god Re, the netherworld by Osiris, the deserts by Seth — Gottes, sondern der Gott selbst! Ein gutes been assumed by a living successor. Stil vorkommt, liegt nicht ganz falsch. Obwohl die Wirtschaft in one to provide them with food. Official and reliable tischen Partei — und letztendlich bei ihrem Vorsitzenden. Trotzdem ty, health, power, might and joy. Chinese border.

The legend of Kim Jong-il claims that a star and a dou- geboren wurde, wo seine Eltern den kommunistischen Widerstand ble rainbow appeared in the sky at his birth. After his death in , gegen die japanische Besatzung Koreas organisierten. Such similarities apply to pictorial testimonies as well as to texts. Of almost exactly the same height are bildungen scheinen solchen Systemen innezuwohnen.

Aus diesem Grund wird auch sein Geburtstag, der Das Erbe des Vaters. In diesem Kontext muss jetzt Kultur 4, , pp. Ramses II. Karlsruhe , pp. Ausstellungskatalog Badisches Landesmuseum. Karlsruhe , S. The Egyptian public record of religious ein Paradoxon zu sein.

Diese Szenen zeigen slain, or meekly paying homage and tribute to the king. Such dehumanization, presented con- Die Fremden in diesen Abbildungen waren stets Stereotypen — sistently over millennia, was not only an outgrowth of, but the intent die man an ihrer Hautfarbe und ihrer Kleidung erkennen konnte, die behind portrayals of foreigners. Official doctrine regarded foreigners, aber nie als Individuen per se dargestellt wurden.

But above all, foreign- fach eine Nebenerscheinung, sondern entsprach einer Absicht bei ers outside Egypt were symbols. Smiting scenes were a staple dating der Darstellung von Fremden. Thus, state ideology and state religion Variationsspektrum zeigte. Immigrants and their Osiris.

Somit waren Quite the contrary, they could become fully integrated members die Staatsideologie und die Staatsreligion untrennbar miteinander of Egyptian society. Unlike many societies of antiquity and in our verbunden. Wie ihre Geschich- Geschich- servant, artisan or interpreter.

Immigranten und ihre Nachkommen wurden nicht automa- automa- who attained the rank of vizier under Amenhotep III and his son tisch dem Status der Unterschicht zugeschrieben. Ganz im Gegenteil, Akhenaten. Benia also called Pahekmen , is another example. In jungen Jahren brachte man tolerance. Piles of severed enemy hands or penises were a standard motif in Egyptian military scenes. Military scribes are often shown counting these hands to record the number of enemies killed.

Indeed, there was no real break between any phys- standteil der menschlichen Seele. The act of writing a name was just as potently connected to life Namen all der Dinge ausgesprochen hatte, die zu existieren vorge- vorge- and had the capacity to perpetuate existence. In the ancient Egyptian sehen waren. This was not unlike Gegenwart des Gottes bleiben. Die Til- Til- Lev Kamenev from official photographs. The practice continues ins Jahrhundert fort. Ironischer- Ironischer- sequences of damnatio memoriae were incomparably higher than in weise ist das bekannteste Bild des in Ungnade gefallenen NDVD- other societies.

In Egypt, expunging meant more than deletion from Chefs Nikolai Jeschow ausgerechnet eines, aus dem er nach seiner public discourse, or from memory: it amounted to elimination from Liquidierung wegretuschiert worden ist. Diese Praxis wird bis zum existence, an act of finality that voided any possibility of an afterlife. Instances of damnatio memoriae occurred throughout Egypt Angesichts der magischen Wirkungsmacht der Namen in and during all periods. Though expunging was not rare in ancient Egypt, the cases of Im Gegensatz zu anderen Gesellschaften war die Tilgung von two 18th Dynasty ca.

Thutmosis III. What happened next is unclear. But more recently, it has been demonstrated that Doch v. Dies hatte offenbar keine negativen sut has never been convincingly explained. Was danach geschah, ist unklar. Warum genau Thutmosis III. However, this is not en- dann ein Opfer der damnatio memoriae. A millennium after the death of Akhenaten, traces of his tens polytheistische Staatsreligion durch einen monotheistischen existence still appeared in some Egyptian records and folk traditions.

Kult, der der Verehrung der Sonnenscheibe oder Aton3 Aton3 gewidmet In the third century BCE, an Egyptian priest named Manetho wrote, war, zu ersetzen, hatte Echnaton nicht nur die Tilgung der Namen in Greek, a history of the country for the use of its new Greek-speak- anderer befohlen. Aber das ist nicht ganz richtig. Im dritten Jahrhundert v.

This leap from Amen- was erhalten ist, finden sich zwei Spuren Echnatons6 Echnatons6. Dynastie gibt. The 18th Dynasty before the Amarna Period. The Oxford History of Ancient Egypt. Ramses vom Thron vertrieben worden sei. Oxford , pp. Dynastie, Ramses I. Loeb acknowledges the existence of other deities, while worshipping only one god. Dieser Sprung Classical Library. Cambridge Cambridge Massachusetts It is tempting to think so. Man ist versucht, modern scholars, the massive architectural projects of Egyptian kings dies zu glauben.

Jahrtausends v. Sie backten Brot, bestellten die Felder, and about preventing abuses by middlemen. Obwohl diese Arbeiter be written off as self-serving rhetoric. Employers entered contractual relations with Grabkammern stets, sich in ein gutes Licht zu setzen, indem sie mit their workers. Literary texts hin.

Leibeigenschaft schien die mestic work and weaving. Skilled laborers among this prisoner pop- Ausnahme, nicht die Regel zu sein. There is also evidence that the few slaves possessed Leibeigenen ihres Schuldherrn zu werden. As in so many other social sam eingezogene Soldaten zu arbeiten. Everyone had a place in the social pyramid and territoriale Expansion nach Nubien und in die Levante gekennzeich- gekennzeich- Actor: Ashley Garner was expected to contribute to social harmony.

Geschickte Arbeiter unter den and order. Wie bei vielen owner of serfs. Jeder hatte einen Platz in der gesellschaftlichen Pyramide und the laws of the chamber are thrown out, men walk on them in the es wurde von jedem erwartet, dass er zur sozialen Harmonie beitrug.

In Rome, fear of ab, wie er eine Heerschar von deutlich kleiner abgebildeten Arbei- Arbei- social upheaval played a significant role in the culture. Wahrhaftig, [die Schreiber] sind erschlagen ed than the other. A peasant is not called a man, beware of it! But what about the workers themselves — their voices, their values, Wahrlich, die Gesetze der Halle sind herausgeworfen, und man Aristocratic woman sniffing a lotus.

Their human remains, however, bear the marks of strenuous Vergleichen wir dies mit dem republikanischen Rom, wo die Eliten abstrakten Ideals aus der Sicht eines Schutzherrn : der archetypi- archetypi- work, poor diet, illness and short life spans.

In der Kultur Roms spielte die Angst vor einer Umkehr der so weiter. In einigen Epochen, wie dem dritten Jahrtausend v. They tell of a government bureaucracy dominating gesellschaftlichen Ordnung eine bedeutende Rolle. In these tomb paintings, the real views of peasants, herd- sexuellen Leidenschaften hingaben. Diese Zeugnisse des Hohns — vorgestellt habe, von denen einer miserabler ist als der andere.

Meinung widerspiegelten — bilden einen Kontrapunkt zur offiziellen — Papyrus Sallier II However, the humblest remnants of the Egyptian literary and Kunst. Adel verpflichtet. Pharaonic art and its formal codes and conventions disappeared Die pharaonische Kunst mit ihren darstellerischen Konventio- Konventio- about seventeen centuries ago, along with the institutions pharaonic nen verschwand vor etwa siebzehn Jahrhunderten, zusammen mit kingship and religion that enabled them to exist.

In the photograph presented here, the mit sich. Im vor- vor- ing into question the limits of what is politically correct and his legit- liegenden fotografischen Relief ist die Hauptfigur als Inhaber von imacy to occupy such position. Das Motiv des audiences. Until a cou- unterschiedliche kulturelle und gesellschaftliche Wertvorstellungen ple of decades ago, dwarfs were considered physical anomalies who vermitteln.

Sowohl in der sogenannten Hoch- als auch in the royal court and of the suite of the princess. The most famous artistic depiction of a dwarf is the Old Kingdom In unserem Fall formuliert das Fotorelief By a Different Measure statue of Seneb and his family, found in his tomb close to the Great neue Aspekte in Hinblick auf alte pharaonische Themen. Der klein- klein- Pyramid of king Khufu ca. Seit der Entdeckung Scribe and variant. Sistrum player. Seine zahlreichen Titel offenbaren, dass er even criticisms directed at powerful people?

Such portrayals of Bes add another dimension to dwarf- kultisch-rituellen Bereich. Von besonde- besonde- craftsmanship like jewelry. At the end of the third und tierische Merkmale in sich vereint. Jahrtausend v. Though it is not possi- einen Vorteil hinsichtlich des Erlangens eines privilegierten Status clothes and bearing tattoos. Its exotic aspect fits well with the pres- zen. Two factors might account for this change.

These musicians were frequently blind. The figure is holding a bowl one can think that, like buffoons in royal and aristocratic courts, they keit des Grabes und das Leben nach dem Tod. Actor: Olya Anikina not. The work consists of figures, but Hatshepsut row,, ist eine Untertreibung. Yesterday — Tomorrow besteht aus row ca. In our time, she is a more relevant symbol than these more Zeit.

Hatshepsut is represented by Mercury Zeit fortgesetzt, stammt aber eindeutig nicht aus unserer Zeit, und Theatre principal Myriem. Like Hatshepsut, she is a North African, seine Zukunft ist ungewiss. Jahrhundert von Bedeutung sind. In one instance, a woman named Naunakhte dis- Leistungen — und ihre damnatio memoriae memoriae22 Jahrzehnte nach ihrem inherited some of her children for failing to take good care of her.

Dynastie; ca. They could also buy, sell and oth- die ihr ihr kinderloser Ehemann vermacht hatte, indem er sie als sein erwise dispose of livestock, copper vessels and the like. Diese of some much-needed supplies for her workshop. In einem besonderen Fall aus dem Mittleren is one of the most important records of her rule and encapsulates her Reich schrieb eine weibliche Aufseherin einer Weberei einen Brief an claim to legitimacy.

One aspect of the sed-festival involved a race between the king Re. Der Text betont Khenemet-Amen. Der Text wechselt dann in highest and most exclusive royal honor. Just like the kings, they adopted a double cartouche sein Dazutun. The first emphasizes her divine connections, not was er bestimmt hat.

She schaft beschieden auf dem Thron des Horus der Lebenden wie Re lae of standard royal titles. All of these titles were also held by Hatshepsut. And just tums auf einzigartige Weise angeeignet hat, versteht man am besten moners. Reliefs and ritual status. Die Erinnerung an die Vertreibung der Hyksos lebte weiter, und from what he commanded… I entered into the plans of his heart. Obwohl von ihr bisher keine successor embarked on a campaign to remove her name from the inscriptions des Amun, Schepenupet I.

Reliefs mit dem emblematischen Motiv des Erschlagens der Feinde on her monuments. See also The Alterable Past, p. Amt annahm. Egyptian army after her husband died battling the Hyksos. The mem- bei der Niederwerfung einer Feindin zeigt, zusammen mit der vollen Schepenupet I. All diese Titel trug auch Hatschepsut. It shows two couples facing each other. Es zeigt zwei sich zugewandte Paare; links eine Frau a girl.

Fac- Das originale Relief zeigt zur Rechten Uhem-ka mit seiner Frau ing them on the left are their son-in-law, Nefer-her-sokar, and their Heteb-ib-es und ihren Sohn Ra-hotep sowie ihre Tochter Henut-sen. The relief is the focal point on the West delt, zusammen mit Uhem-kas Enkeltochter Sat-merit. Uhem-ka und Heteb-ib-es zugewandt sind. Das Relief bildet den Dualism, often symbolized by couples, was a central concept in Mittelpunkt der Westwand des Grabes, auf beiden Seiten flankiert ancient Egyptian culture.

The movement of the sun god across the heavens als Sonnengott in Erscheinung treten konnte. In dieser Konstellation established time. After the heavenly sphere was set up, the earthly realm had to be Die Bewegung des Sonnengottes entlang des Himmels schuf die created.

This was the duty of two other divine couples: Osiris and Isis, Zeit. Isis, cosmic order itself was threatened. Mit der Hilfe ihrer mic order. Horus seinen Rivalen Seth und stellte die kosmische Ordnung wieder The hope for eternal life spurred Egyptians, particularly the elite, her. Fortan war Osiris der Gott der Unterwelt, Horus der Herrscher to perform elaborate burial rites and to erect large tombs.

On a cosmic level, they reflect divine couples like Geb and Nut or schaft in verschiedenen Szenen zeigten. Osiris and Isis. Die meisten for by their descendants and relatives. New Kingdom, about a millennium later. Entsprechend selbstbewusst strebt das lesbische Paar tance in society. Like the Egyptian couples in the Uhem-ka relief, this zur Rechten nach gesellschaftlicher Akzeptanz.

Egyptian representation of devotion to the beloved. Here, Babej gekommen ist. Die Frau mit Stab und Sechem-Zepter ing from traditional Egyptian gender roles: in ancient Egypt, the hus- schreitet in herrschaftlicher Pose voran, gefolgt von ihrem Mann.

Die Frau aus dem Jahrhundert in Babejs Fotorelief hat die his ambition to follow her in office. Woman holding staff and Sekhem scepter. Er greift and philosophical implications. Hannover Ancient Egyptian Literature.

A Book of Readings, Vol. II: The New Kingdom. Berkeley , p. Die Mastaba des Uhemka. A Book of Readings. Berkeley , S. From the dawn of time, self-identity has been tied to physical appear- Vom Anbeginn der Zeit war Selbstwahrnehmung eng verbunden mit ance. Somit spiegelten Bildnisse immer death, so she can achieve the perfect afterlife.

From the start of Egyptian history, 5, years ago, umphieren, sodass sie das vollkommene Fortleben im Jenseits errei- errei- people cared about their appearance. In fact, the ancient Egyptians chen kann. The figure is holding a bowl from the collection of the Roemer- und Pelizaeus-Museum. Mummification evolved over time, but its key elements remained Cremes und Flaschen mit Parfum, sodass sie sich auch im Jenseits Actor: Olena Lysenko constant throughout the years of pharaonic history.

After death, pflegen konnten. Nach dem its yellow, sun-like center emerging from the water as the sun rises, Waschen des Leichnams, der Organentnahme und der Dehydrata- Dehydrata- and sets, to then be reborn. Finally, accompanied by the burning of incense and the chanting sie in den gesamten Mittelmeerraum exportierten. So wurde die Verwandlung des Leichnams depicted. Both men and women wore cosmet- sie im Jenseits identifizierbar waren.

Men were depicted both in their youth and in their erkennbar wiedergegeben werden, damit die Seele der Ka Ka Ram- Ram- old age assuming they had achieved that. Young men were shown ses II. Diese Idealisierung galt Servant holding cosmetic jars.

Abgebildeten in Verbindung standen. For both Beanspruchung im Freien verbracht hatten. Ultimately, ten Lebensjahr nicht mehr um einen Tag gealtert. At this point, Osiris, god of the dead, welcomed the de- Stirn und im Gesicht erkennen lassen. Indem sie sich in tence. Thus, throughout their kann, und der der ewige Begleiter war. Der Ka spiegelte nicht nur die long history, the Egyptians maintained a sense of fashion and style physische Erscheinung wider, sondern auch das innere Selbst, und er in life, in death and for eternity.

Nur eine reine Seele, die kein Unrecht begangen hatte, konnte in das Jenseits eintreten. Der Verstor- Verstor- Servant fanning. Playing senet alone. Aber to learn to understand ancient Egypt on its own terms. Es ist inspiriert worden von einer der sehr wenigen erhal- erhal- I Mummification in Context tenen detaillierten bildlichen Darstellungen der Mumifizierung: dem Sarg des Djed-Bastet-iuef-anch aus der Sammlung des Roemer- und Like most highly prized things, continued existence after death was Pelizaeus-Museums Hildesheim.

The Egyptians believed they had found a way to extend their earthly existence into eternity by preserving the I. Der Kontext der Mumifizierung body as an earthly reference point for the immaterial and potentially immortal components of the deceased. During the New Kingdom ca. Der Ablauf der Mumifizierung cal procedures of mummification. Aus dieser Textgattung protection of the bowels fell to the falcon-headed Qebehsenuef.

The oldest reports on mummi- — v. Sometimes it was replaced by a scarab. The reliability of these sources had long been doubted, but re- leider nahezu keinerlei Informationen preis. Any remaining brain matter, with the brain fluid, was Gottheiten wiedergaben. Der menschengestaltige Amset galt als eration, not only reconstructed the process of mummification, but aber nicht erhalten geblieben sind.

These discoveries have allowed Egyptologists to draw die das Land am Nil ab dem 7. These embalming sub- Magen. The motivations for these early attempts at gezeigt hat. Wissenschaftlern unterschiedlicher Fachrichtungen — bodily fluids. The abdominal cavity was stuffed with filling substances For royal Gehirn entfernt. Damit beginning of the New Kingdom 18th—20th Dynasties, ca. Finally, the body was wrapped with linen bandages.

The art of mummi- rungstechnik einem Wandel. Then, most of zum Ende der The kidneys, however, were left in situ, probably be- v. The removed organs were separately preserved in canopic erreichte die Mumifizierungstechnik in der Only a few sources about the embalming ritual have survived. BCE, during the Ptolemaic period. The front of the anthropomorphic coffin of Djed-Bastet-iuef-anch umwickelt. Bei Mumien a black silhouette, above which two purification priests pour liquids des Alten Reiches 4.

Dynastie, ca. In the second register from the bottom, four die Arme und Beine nicht zusammengebunden. Da der Leichnam priests approach the deceased, who is lying on a lion-shaped bed. Ab dem ing him to the jackal-headed embalming god Anubis. The third regis- Mittleren Reich wurden die weiterhin separat umwickelten Beine ter is divided into two scenes. Below it Die Mumifizierung war eingebettet in ein genau festgelegtes gruppiert um einen Djed-Pfeiler, der sowohl den Totengott Osiris als stand four canopic jars, which have already received the viscera.

The Zeremoniell, das Gebete und Textrezitationen durch spezialisierte auch die Ewigkeit versinnbildlicht. Insofern ist auch diese Darstellung nur als grouped in pairs around a Djed pillar, symbolizing both the god of gebracht und symbolisch der Mund mit speziellen Instrumenten eine Momentaufnahme zu werten, die einen Einblick in Glaubens- Glaubens- the afterlife, Osiris, and eternity. Accordingly, III. Das fotografische Relief geistige Auseinandersetzung mit anderen Kulturen begonnen hatte.

Entsprechend seeks to conflate past and present, it also pays attention to detail and rungsgott Anubis in Verbindung bringt. Das dritte Register auf dem The photographic relief adheres to the Egyptian formal reper- erwies sich die detailgenaue Gestaltung der Mumie und der von der strives for authenticity.

Accordingly, the representation of a mummy Sarg teilt sich in zwei Szenen. In der rechten Szene erkennt man wie- wie- toire and follows the Egyptian canon of proportions. It stands in con- Priesterin getragenen Anubis-Maske als Herausforderung.

Der Verstorbene ist mit Binden umwickelt und zeigt die thus been developed further. Yesterday — Tomorrow not only revives Lagen Binden umwickelt, wobei genau darauf geachtet wurde, das ogy Laura Lindermann. She was wrapped with three layers of ban- typische Mumienkontur. Der eigentliche Prozess der Eviszeration ist ic program of Egyptian art. Anubis-Maske10 Anubis-Maske 10 besitzt, die in die Figur der Priesterin integriert Here is an encounter with ancient imagery and its themes — but while wurde.

The recur- terentwickelt wurde. Suche nach Unsterblichkeit. Hildesheim , pp. In: Metcalfe, Ryan et al. Paleopathology in des A century in review. In: PLoS Lebens unterworfen. The Scientific Study of Mummies. Cambridge , zeitlichen Begrenzung unendlich hoch ist, und mahnt, jedem Leben p. PM ; Mummy with funerary mask. Mumien der Welt. Actor: Laura Lindermann Hildesheim , pp. Traversing Eternity. Texts for the Afterlife from Ptolemaic and Roman Egypt.

Oxford Stephen A. Hildesheim , S. In: Nature , , pp. Embalming was used in Old Kingdom. Suche nach Un- Un- of bandages. Only some of these bandages were made specifically for mummi- ergeben. How to make sterblichkeit. More commonly, discarded textiles, originally manufactured for daily a mummy: A late hieratic guide from Abusir.

In: Metcalfe, Ryan Hildesheim , S. Paleopathology in Egypt and Nubia. Oxford , S. More common are rungsversuche im 4. Evidence for Prehistoric Origins of Egyptian Bastet, he may live. Cambridge , S. The S. Organic chemistry of embalming agents in Pharaonic and Graeco-Roman mummies. In: Nature , , S. Embalming was used in Old Kingdom.. Oft verwendete man ausgesonderte Alltagstextilien.

Born in Frankfurt, Germany, in , he received an A. His background in social sciences, particularly classical and modern history, pervades his work. At the core of his works are still images — always in black-and- white, putting his congenital color-blindness to good use. The films of Orson Welles and Sergei Eisenstein, as well as the photography of his mentor, Roger Ballen, are important artistic influences.

The object of the work is not what the audience should think, but that they think. Each work is a multi-disciplinary collaboration between cast, crew and technical and thematic experts. Boukadida, Artych, Megan Skelly and Laura Lindermann are directors of pre-production, pro- duction and post-production, respectively, and are shareholders in the enterprise.

Her research interests include the rise of Egyptian kingship as well as Egyptian colonial interactions with Nubia; the latter is the subject of her current excavations at the for- tress site of Uronarti in the Sudan. Her forthcoming book, Violence and Power in Ancient Egypt: images and ideology before the New Kingdom, examines where and why Egyptians made images of dom- ination and war.

Peter Der Manuelian is Philip J. His Giza Project at Harvard aims to collect and present online all past, present, and future archaeological activity at the Giza Pyramids. His research and teaching interests include visualization and digital humanities approaches applied to the ancient world. Layout and Purpose.

Her teaching and research interests include ancient Egyptian Roxana Flammini graduated in history at the University of Buenos funerary texts, transmission of linguistic tradition, Egyptian women, Aires BA , Licenciate , PhD and teaches History of and Egypt during the first millennium BCE. He graduated identity construction processes during the 2nd millennium BCE. He has written a number of scientific arti- Studies at the University of British Columbia, Vancouver. He studied cles and museum catalogue entries mainly on mummification.

Salima Ikram studied at Bryn Mawr College and Cambridge Uni- He has published six self-authored books and more than jour- versity, and is Distinguished University Professor of Egyptology at nal articles, book chapters and book reviews, and edited or co- the American University in Cairo. Ikram Egyptology in Nazi Germany. He is founding editor of the Journal has written several books for adults and children and articles, with of Egyptian History, as well as editor of Near Eastern Archaeology.

Christian E. She taught at Epigraphic Survey, Luxor. In , in Berlin. He has published extensively on my-Project. She is editor of twelve and author of six scholarly pub- pharaonic administration, socio-economic history, and landscape lications, as well as 65 Egyptological articles and 15 reviews and 11 organization, usually in a comparative perspective with other civili- museological articles.

His research focuses on Egyptian and Coptic linguistics as begun a project on three-dimensional computer modeling of ancient well as Coptic and Egyptian philology and history. He is involved in Egyptian objects in the Brooklyn Museum. He is the author of Egyptian various editorial projects covering such topics as Coptic martyrdoms Boats and Ships and The Nile Boatman at Work He is co-author of a diachronic description of Egyptian and Coptic and an introductory grammar of Bohairic.

Dynastie bis zum Ende der makedonischen Herr- schaft. Digital Giza. Visualizing the Pyramids. The Role of Foreigners in Ancient Egypt. An Assessment of Digital Epigraphy and Related Oxford Technologies. Pharao, Sohn der Sonne. Die Handbook of Egyptian Epigraphy and Palaeography. Linguistic, Literary and Historical Perspectives.

Probleme Altertumskunde , , pp. The Adoption Papyrus in Social Context. In: Journal ming agents in Pharaonic and Greco-Roman mummies. In: Nature , of Egyptian Archaeology 78, , pp. Accounting and Order. The rock tombs of el-Amarna. Visual and Written Culture in Ancient Egypt. Oxford tombs of Huya and Ahmes.

London the Definition of the Hyksos Subordination Practices. Politik zwischen Ritual und Dogma. Studies in the reign of Amenophis II. New York p. In: Journal of Social Archaeology 2, , pp. Living in the Past. Adoption Extraordinary. Stein und Zeit. Studies in Egyptology. London Archaeology 26, , pp. Munich Ancient Egypt and Mesopotamia.

Archaic States. Santa Fe , pp. In: Gold of Praise. Studies on Ancient Egypt tion. In: Journal of Egyptian Archaeology 32, , pp. Chicago , pp. In: In: Teeter, Emily ed. Slab Stelae of the Giza Necropolis. In: Recueil de Travaux 3, , pp. Die Begegnung mit dem Fremden. Wertun- Civilization. Oriental Institute Museum Publications Chicago , of the Pennsylvania—Yale Expedition to Egypt.

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