Abstracts

Published date01 March 1997
Date01 March 1997
DOIhttp://doi.org/10.1177/096466399700600106
Subject MatterArticles
ABSTRACTS
ANDREW
GREEN,
How
the
Crzmznal Justtce
System
Knows
In
contested
criminal
cases
two
incompatible
types
of
knowledge
appear:
knowledge
offered
by
lay
persons
and
knowledge
produced
within
the
criminal
justice
system.
This
article
examines
the
distinctive
features
and
method
of
production
of
prosecu-
tion
case
knowledge,
which
is
constructed
by
the
exercise
of
police
power
to
over-
come
resistance
and
so
reveal
hidden
truth.
The
record
of
this
production
of
knowledge
forms
a
guarantee
that
it
can
and
does
accurately
represent
pre-existing
facts.
Such
revelatory
knowledge
is
systematically
privileged
over
lay
knowledge.
But
because
it
requires
resistance
to
its
own
formation
in
order
to
exist,
police
knowledge
production
generates
resistances
which
are
never
totally
contained
and
which
may
be
joined
to
more
general,
community
resistance.
ANDREW
NEVILLE
SHARPE,
Anglo-Australian
Judicial
Approaches
to
Transsexuality:
Discontinuities,
Continuities
and
Wider
Issues
at
Stake
This
article
compares
and
contrasts
Anglo-Australian
judicial
approaches
to
trans-
sexuality.
It
highlights
how
Anglo-Australian
transsexual
case-law
is
deeply
impli-
cated
in
the
policing
of
sex,
gender
and
sexuality,
not
only
of
the transsexual
body
but
throughout
the
whole
social
body.
The
article
identifies
three
modes
of
legal
power
(repressive,
productive,
exclusionary)
which
are
variously
deployed
across
jurisdic-
tions
in
order
to
achieve
this
regulatory
function.
While
Australian
judicial
recog-
nition
of
the
transsexual
might
be
viewed
as
progressive
to
be
contrasted
with
a
repressive
English
scenario
this
temptation
is
resisted.
Rather,
the
article
highlights
how
the
discursive
production
of
the
transsexual
body
as
coherent
has
been
possible
only
through
the
Australian
judiciary’s
exclusion
of
’unintelligible’
bodies,
’imposs-
ible’
sexualities
and
’incoherent’
gender
practices
in
the
process
of
legal
subject
for-
mation.
PADDY
IRELAND,
Endarkemng
the
Mind:
Roger
Scruton
and
the
Power
of
Law
-. ’
The
body
has
recently
become
the
subject
of
much
attention
in
radical
academic
circles.
This
article
examines
the
work
of
a
thinker,
the
conservative
philosopher
Roger
Scruton,
who
has
written
extensively
about
the
body,
but
whose
work
has
been
neglected
in
these
debates.
It
seeks
to
elucidate
conservative
ideas
about
sexuality
and
morality
and,
more
particularly,
to
outline
the
role
that
Scruton
sees
law
playing
in
their
constitution
and
regulation.
For
Scruton,
law
is
crucial
to
the
processes
of
’endarkenment’
whereby
inner
barriers
such
as
shame
and
guilt
are
constructed.
In
helping
to
generate
an
’objective’
public
realm,
he
argues
that
law
is
vital
to
the
pro-
duction
of
the
practical
knowledges
or
prejudices
which
provide
meaning
in
the
world
and
which
hold
particular
cultures
and
societies
together.
In
this
context,
the
article
contrasts
Scruton’s
views
on
the
disciplinary
processes
with
those
of
Michel
Foucault.
/
.,J

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