Law and the Visual: Representations, Technologies, Critique PDF
Preview Law and the Visual: Representations, Technologies, Critique
LAW AND THE VISUAL Representations, Technologies, and Critique This page intentionally left blank Law and the Visual Representations, Technologies, and Critique EDITED BY DESMOND MANDERSON UNIVERSITY OF TORONTO PRESS Toronto Buffalo London © University of Toronto Press 2018 Toronto Buffalo London utorontopress.com Printed in Canada ISBN 978-1-4426-3031-4 Printed on acid-free, 100% post-consumer recycled paper with vegetable- based inks. Library and Archives Canada Cataloguing in Publication Law and the visual : representations, technologies, and critique / edited by Desmond Manderson. Includes bibliographical references and index. ISBN 978-1-4426-3031-4 (cloth) 1.Law and art – History. I. Manderson, Desmond, editor K3778.L39 2018 344'.097 C2017-903466-9 Every effort has been made to contact copyright holders; in the event of an error or omission, please notify the publisher. University of Toronto Press acknowledges the financial assistance to its publishing program of the Canada Council for the Arts and the Ontario Arts Council, an agency of the Government of Ontario. an Ontario government agency un organisme du gouvernement de l’Ontario Funded by the Financé par le Government gouvernement of Canada du Canada Contents Introduction: Imaginal Law 3 desmond manderson Part One: Representations – The Origins of Legal Modernity from the Sixteenth to the Nineteenth Centuries 1 Blindness Visible: Law, Time, and Bruegel’s Justice 23 desmond manderson 2 Faces and Frames of Government 51 peter goodrich 3 An Emblematic Representation of Law: Hogarth and the Engravers’ Act 75 cristina s. martinez 4 Law and the Revolutionary Motif after Jacques-Louis David 101 morgan thomas 5 Legal Imagery on the Edge of Symbolism: The Decoration Projects for the Belgian Cour de Cassation 122 stefan huygebaert 6 The Visual Force of Justice in the Making of Liberia 141 shane chalmers vi Contents Part Two: Technologies – Excesses of Legal Modernity in the Twentieth Century 7 “You Will See My Family Became So American”: Race, Citizenship, and the Visual Archive 161 sherally munshi 8 From Sentimentality to Sadism: Visual Genres of Asylum Seeking 189 honni van rijswijk 9 Images of Victims: The ECCC and the Cambodian Genocide Museum 210 maria elander 10 The Exceptional Image: Torture Photographs from Guantánamo Bay and Abu Ghraib as Foucault’s Spectacle of Punishment 229 connal parsley Part Three: Critique – Irony and Legal Modernity in the Twenty-First Century 11 T-Shirt’s Guevara: The Visual Jurisprudence of the New Man 251 luis gómez romero 12 The Art of Bureaucracy: Redacted Ready-mades 286 katherine biber 13 Illicit Interventions in Public Non-Spaces: Unlicensed Images 310 alison young 14 What Authorizes the Image? The Visual Economy of Post-Secular Jurisprudence 330 richard k. sherwin Contributors 355 Index 359 LAW AND THE VISUAL Representations, Technologies, and Critique This page intentionally left blank Introduction: Imaginal Law desmond manderson Background As Carlo Ginzburg pointed out, the problem with using visual material to explain other spheres of human activity, and the other way around – Panofsky and then W.J.T. Mitchell called it “iconology,” while for Mieke Bal it is “cultural analysis”1 – is what kind of evidence they provide for the nature of social interactions and social change, now or in the past.2 For Erwin Panofsky, the question lay at the heart of his project. It led him to overreach – or so Ginzburg thought – in claiming that the high- est (or deepest) level of interpretation of an image or art practice aims to reconstruct the “underlying principles which reveal the basic attitude of a nation, a period, a class, a religious or philosophical persuasion – unconsciously qualified by one personality and condensed into one work.”3 E.H. Gombrich also remained unconvinced. He famously cautioned against the tendency to slip from real connections to mere geistgeschichtliche Paralleln.4 But even the great defender of formalist art history ultimately had recourse to a kind of social understanding of art from which he had initially thought to mark his distance.5 Gombrich was no doubt right when he said that paintings reference other paint- ings more than they reference “the real world”; but it can’t be turtles all the way down.6 In the end, “history … put out quietly at the door, re- enters through the window.”7 This ambiguous interdependence arises not because there is something distinctive about visual representations – but because there is not. Any text forms a tapestry along with the many texts and forces that surround it. Each thread both participates in and constitutes a web that began long before and continues long after. It makes no more sense to speak of a particular image or set of images
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