Zeitschrift für Medien- und Kulturforschung

Schwerpunkt: Medien des Rechts

Herausgegeben von Lorenz Engell und Bernhard Siegert

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Herausgeber/in Lorenz Engell Bernhard Siegert
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Philosophy and the humanities have not found much common ground for conversation in theory. I argue that the late Wittgenstein also questions »theory« but as a way of restoring a dialogue between philosophy and the humanities. Wittgenstein aimed his not at the quest for certainty, so characteristic of the history of analytic philosophy, but rather at ways for returning philosophy to questions of human understanding and interpretation through ethical questioning.
This paper proposes to read cinema in the digital age as a new type of image, the neuroimage. Going back to Gilles Deleuze's cinema books and it is argued that the neuro-image is based in the future. The cinema of Alain Resnais is analyzed as a neuro-image and digital cinema .
The paper outlines a brief theory of Power that frees the notion from its accustomed association with sovereignty, coercion and violence and uncovers its productivity for legislation and jurisdiction. Starting from Gaius' , a legal textbook from the 2 century that served as a model for Emperor Justinian's codification of law (, 6th century), the paper shows how Roman institutions established the legal structure of speech referring to persons, objects and actions.
This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour.
The text describes the specific mode of existence and operation of Law, which is not determined by external social factors, nor is its autonomy that of a subsystem. Its deliberate super ciality achieves a particular form of cohesion: Its form of enunciation connects utterances and actions in such a way that they can be assigned unambiguously to a single speaker and actor. This is the undisrupted thread which binds men, goods, locations, time, resolutions, etc.
The age of the transcript begins with the end of the Roman republic; its actual adoption as medium of Law begins with the introduction of written inquisitional procedure in the 13 century. The establishment of truth as a legal principle necessitates the transcription of an excess of data, in which the subject becomes the record's object. At the same time, the transcript turns out to be a grey area, which cannot be legally standardized, because no rule can ultimately define what belongs to the record and what doesn't.
At the times of the Weimar Republic, the first »medial constitutions« come into being. As »medial constitutions«, they cannot be reduced to genuine techniques neither of Law nor of mediums, but shape the contours of (legal) persons and (political) bodies and generally modify the corpus of legal texts. Reading texts by Aby Warburg and Carl Schmitt, the paper examines the way in which »medial constitutions« can be established.
Moving along two intertwining narrations – the epistemic shift in International Law towards an emphasis on forensic practices to the detriment of human witnesses and the career of »battle damage assessor« Marc Garlasco – the paper follows the development of an analytical method to examine events of violence that inscribe themselves in spatial artifacts and constructed environments, and outlines the method's role in the investigation of war crimes.
The contribution focuses upon mediation as an alternative means to resolve conflicts. Considering the interdependence between law and literature, it relates legal norms and institutions of mediation, e.g. amicable settlements or conciliatory proceedings, to the literary figure of the female judge and mediator, especially Athena in Aeschylus's . It examines the techniques of mediation in order to clarify the relation between law and mediation, a relation of alternatives which is not risk-free.
In modern societies, transactions are highly significant events of transmission, connected to praxis of authentification and authorization. In order to carry out transactions, the instances of transaction have to be provided with especially authorized signs, the issuing of which has been monopolized by the State. The electronic ID-card produced by the Federal Printing Office can be considered as an attempt to create corresponding regimes of signification for the digital sphere. This institution thus occupies an important position for governing in and with the Internet; hence, its examination can point out essential aspects of digital .

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