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Law’s Violence and Translation - Coggle Diagram
Law’s Violence and Translation
Two Forms of Translation
Courtroom Dialogue
Definition
How courtroom speech and testimonies are translated into legal significance.
Example
Haida Nation case (1980s, British Columbia) - clash between indigenous testimony and legal systems.
Pronouncement of Law
Definition
How legal decisions turn evaluations of legality into real-world actions or consequences.
Example
Western Forest Products Ltd v. Collinson
Interim injunction to prevent interference with logging operations until trial.
Key Questions
Legitimization of Suffering or Violence
Consider how law may validate or obscure suffering.
Example
Sanctions in Iraq (1990s) - Scott Veitch’s argument on law organizing irresponsibility.
Law as Order vs. Violence
Debate whether law maintains order or perpetuates violence.
Example
Exclusion of athletes from competition as a form of enforced violence.
Key Readings
Modalities of Legal Annunciation by Peter Goodrich
Focus
Translation of courtroom interactions into legal significance.
Example
Haida Nation case - indigenous testimony and legal systems clash.
Law and Irresponsibility by Scott Veitch (2007)
Focus
Law’s role in organizing irresponsibility and legitimizing suffering
Example
Iraq sanctions and their impact on human suffering.
Case Studies
Western Forest Products Ltd v. Collinson
Facts
Logging dispute, interim injunction granted.
Legal Issues
Aboriginal title vs. commercial logging.
Willis v. Western Australia
Facts
Native title claim by Pilki People.
Legal Issues
Right to access and take resources based on traditional laws and customs.
Three Perspectives on Law as Violence
Enforcement through Violence
Definition
Law’s enforcement mechanisms, including non-physical forms.
Example
Exclusion of athletes.
Legal Translation
Definition
Translating real-world issues into legal terms.
Example
Legal handling of Haida Nation’s land rights.
Legitimization of Mass Suffering
Definition
Law’s role in validating or obscuring large-scale suffering.
Example
Iraq sanctions and their moral implications.