Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem

There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

Marginalising the marginal in holocaust films : fictional representations of jewish policeman

This paper explores the issue of how Jewish victims who occupied so-called 'privileged' positions during the Holocaust are represented in fictional films. Such figures, particularly Jewish policemen in the ghettos, may be seen to inhabit the 'marginal' in two ways, both in terms of the unprecedented ethical dilemmas they faced, and the relative lack of attention such figures have received. Taking Primo Levi's paradigmatic essay on the 'grey zone' as a point of departure, this paper analyses how Jewish policemen are represented in mainstream, 'Hollywood' fictional films, namely Steven Spielberg's Schindler's List, in order to reveal that the narrative concerns of such works preclude any serious engagement with themes of moral ambiguity and 'compromise'. Attention will also be given to a more recent trend in the genre of Holocaust film that directly confronts these issues, nonetheless such films may themselves be viewed as marginalised due to their subject matter.

Fictional endstates

Studies the intellectual in power striving to realise the universal State or Empire. Examines this theme through the medium of four fictional narratives: Yevgeny Zamyatin's We, Aldous Huxley's Brave new world, Arthur Koestler's Heart of darkness, and George Orwell's Nineteen eighty-four. The hypothesis of the inquiry is that all four of these texts provide fictional redescriptions of a crisis of confidence in the Enlightenment ideal of progress.

Fictional femininity

This thesis examines gender-political representations of middle-aged, middle-class, white women in a sample of new millennial middlebrow novels. The findings demonstrate how popular contemporary fiction traffics a set of feminine norms that are complexly inflected by both feminism and the apolitical ethos of feminism.

Fictional inquiry : an alternative process to inspire creativity in children's co-design projects

Children's creativity is a valuable resource for architectural design, and attempts have been made throughout the world to involve children in the design process of their environments. Previous children's co-design projects often followed a problem solving process, however, this process has limitations in stimulating children's creativity. Research has found that children's creativity is different to adult's creativity: Instead of creative problem solving skills, children's creativity is most evident in their imagination and originality of thinking. Addressing this issue, an alternative process in children's co-design projects was experimented: Fictional Inquiry. In this paper, two case studies are used to illustrate how the fictional inquiry process is applied in children's co-design projects.* These two projects were both joint educational projects between Deakin University and schools in Geelong and Melbourne. Through several weeks' of workshops, children and university architecture students worked in small groups to develop architectural design solutions. It was observed that creative design outcomes have been achieved in these two projects, which suggested that Fictional Inquiry was an effective process to inspire children's creativity. Applying the Fictional Inquiry process, Deakin University is currently working with another school in the Geelong Region, with the aim of achieving creative architectural design outcomes.

Mock jury attitudes towards credibility, age, and guilt in a fictional child sexual assault scenario

Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

Fictions for representing and generating semiotic consciousness: the crime story and educational inquiry

This essay appraises the work of fiction in representing and generating semiotic consciousness in education by examining three intertextual continuities between crime fiction and stories of educational inquiry. First, many reports of educational research resemble detective stories in their quests to determine the (or a) “truth” about something that is problematic or puzzling and this essay describes some of the ways in which the characteristic investigatory methods of fictional detectives resemble forms of educational inquiry. Second, the characteristic ways in which detective stories generate interpretations are compared with the textual strategies deployed in producing meanings and narratives in educational inquiry. Third, recent transformations of both detective fiction and educational inquiry are shown to be comparable — and intertextually linked — manifestations of cultural and semiotic shifts associated with postmodernity. I conclude by suggesting that authors of “anti-detective” crime fiction might provide more appropriate models of educational inquiry than do fictional detectives.

Ontology of building in war and reconstruction

Post-war cities epitomise both a disjuncture and resonance between the end of the nation-state, on the one hand, and a preoccupation with reinventing the city through building, on the other. Programs of 'reconstruction' and 'remaking a city' are preceded by destruction: a destructive force has altered the face of the city, buildings have been destroyed and damaged, their ordered and ordering materiality is eroded, and the city is no longer an image of an idealized symbol of unity and identity. Belying the mythical power of architecture as a material and symbolic force, is also its fragility. Architecture can be monumentally erected and can have a presence and persistence that inspires awe and wonder, but it can also, just as easily be de-erected, demolished, destroyed. It can be de-constructed in a way that the literal sense of the term signals its symbolic frailty. Perceiving the symbolic as intrinsically tied to the physical articulation and presence of the architectural edifice, both reveals and conceals that the symbolic is also tied to fantasy, memory and fiction. Drawings that precede construction are projections of an idealized image of something that does not yet exist, and photographs that remain after a building is demolished are representations of a past realist that is now fictional.

Tales from camp Wilde: queer(y)ing environmental education research

This paper questions the relative silence of queer theory and theorizing in
environmental education research. We explore some possibilities for queering environmental education research by fabricating (and inviting colleagues to fabricate) stories of Camp Wilde, a fictional location that helps us to expose the facticity of the field’s heteronormative constructedness. These stories suggest alternative ways of (re)presenting and (re)producing both the subjects/objects of our inquiries and our identities as researchers. The contributors draw on a variety of theoretical resources from art history, deconstruction, ecofeminism, literary criticism, popular cultural studies, and feminist poststructuralism to perform an orientation to environmental education research that we hope will never be arrested by its categorization as a “new genre.”

Rosencrantz and Guildenstern are nevertheless dead: the hypothetical adolescence of Prince Hamlet and the contested remorselessness of young offenders

A young man stabs a defenceless elderly man to death, and remarks “I’ll lug the guts into the neighbour room.” Martha Grace Duncan has argued that such apparent remorselessness and other forensic features must be interpreted differently in children and young people as compared to adult defendants, because of developmental effects. Professor Duncan discusses a range of fictional as well as real examples in pressing her claim, and also appeals to psychiatric, psychological and psychoanalytic expertise. In order to examine the general validity of her argument, it is hypothesised here that a Duncanian adolescence defense has been presented for Prince Hamlet who, miraculously revived, now stands his trial for murder. It is argued that the “adolescence defense” is unsound in principle and that children and youth (whether or not as superannuated as the Prince of Denmark) should be treated in the same forensic manner as adults. If we respect children and youth, we must respect their autonomy however uncomfortable for us this may be: “So young, my lord, and true.”

Transcendence and interiority in architecture : a study of Hagia Sofia, 532-537

The late historian Robin Evans, takes up the debate symbolised between Wblfflin, proposing that meaning is directly accessible through the form of a building, and Wittkower, arguing that meaning lies behind the form of architecture, in other texts and ideas. The focus of their argument is the centralised church of the Renaissance, which holds a special place in the history of architecture for all three historians. Evans' argument makes detours into the histories of theology, geometry and mathematics attempting to find how architecture participates with these fields. He concludes that architecture, in its singular artistic physicality "suspends our disbelief in the ideal", offering a world that does not reflect culture, in all its fullness, but rather supplements culture's incompleteness. Architecture, like art is able to resolve that which in society and in other fields remains a contradiction, giving a picture (albeit fictional) of a harmonious and unified order. Does architecture aspire towards transcendence, if so, what is transcendental value in architecture? In this essay I want to turn to Hagia Sofia (Istanbul, 532-537), a church that marks the beginning of a Christian empire relocated to the East of Rome, in Constantinople, built one thousand years before the Renaissance churches; and a building that symbolises the shift towards a domed centralised form, away from a basilica form. Hagia Sofia is an architecture, observed and described in an almost devotional manner, as though addressing the architecture of the church is equivalent to a pious person addressing the church itself, and more significantly, addressing the Divine figure of God, through the architecture of the church. What role does Hagia Sofia play in the kind of artistic mastery that Evans is proposing?

Dystopian visions of global capitalism : Philip Reeve's Mortal Engines and M. T. Anderson's Feed

This article examines Philip Reeve’s novel for children, Mortal Engines, and M.T. Anderson’s young adult novel, Feed, by assessing these dystopias as prototypical texts of what Ulrich Beck calls risk society. Through their visions of a fictional future, the two narratives explore the hazards created by contemporary techno-economic progress, predatory global politics and capitalist excesses of consumption. They implicitly pose the question: “In the absence of a happy ending for western civilisation, what kind of children can survive in dystopia?”