Legal Culture Research Articles

‘A sin against our civilisation’: South Africa’s 1927 Immorality Act and the Criminalisation of Interracial Love, 1920–1948

ABSTRACT In 1927 South Africa passed the Immorality Act prohibiting miscegenation. The act was distinctly gendered in its composition and implementation, codifying a double standard against women. The Immorality Act not only policed miscegenation but consensual interracial sex and sex work, tacitly acknowledging that love could exist across racial lines. Almost immediately a pattern emerged where different convictions occurred for the same crime. Men and women were charged separately, resulting in disproportionate prosecution of black women. Courts were hesitant to accept black women’s evidence in white men’s trials, leading to biased outcomes. This article explores the gendered implementation of the act from 1920 to 1948 using archival documents and newspaper articles. The voices of women are not accurately represented in the colonial archive, and instances of love and intimacy even less so. The article assesses the impact of the act on the creation of South African legal culture.

Ottoman heritage in Serbia on a cultural route: students’ attitudes

Cultural heritage is an important part of the cultural identity of any nation. The care of cultural heritage includes the protection and preservation of the material heritage of the majority nation and the heritage of all other ethnic communities that have left their cultural traces in the area under consideration. The protection of cultural heritage reflects the maturity of a society. That’s why the approach to the protection of cultural monuments should not be selective, narrow and strictly national, but comprehensive, preserving the cultural values of earlier eras and peoples as a general civilisational asset. The research aims to reveal how today’s youth perceive the Ottoman heritage in Serbia, their emotional relationship with it, and whether they recognise the Ottoman heritage as a possible resource for tourism in Serbia. The results indicate that the student population perceives the positive aspects of the Ottoman era in this region, as reflected in the legacy of Oriental culture and the multi-ethnic and multicultural order, to a large extent. Architectural heritage, gastronomy and intangible heritage (language and literature, legends, music, dances, traditions) are largely recognised as representative of the Ottoman cultural heritage and foreign influences on national culture. Their potential for tourism has also been recognised. However, the possible obstacles in the development process of the cultural route are foreseen in strong nationalism and negative collective memory, which were identified as key barriers.

From Hongkew Ghetto to Shanghai Ark: Rethinking representation in the (re)making of affective atmosphere during cultural regeneration

The “Shanghai Ark” is an urban regeneration project in Shanghai’s Hongkou (Hongkew) District, aiming to transform the built environment and cultural legacy of the former Jewish refugee community, Hongkew Ghetto, into the present Shanghai Ark neighbourhood, showcasing the city’s and the nation’s cosmopolitanism and generosity. This article re-evaluates the notion of representation and explores the interplay among top-down representations, emotional resonances, and atmospheric practices in urban spaces. By employing discourse analysis and ethnographic data, we examine perceptions and practices of various stakeholders, including officials, citywalk leaders, museum curators, residents, local visitors, and foreign visitors. The findings reveal that affective atmospheres emerge from the interweaving of top-down narratives, personal experiences and memories, and emotional resonances between bodies and material environment, as well as the emotional interactions among people. By reconsidering representations in shaping affective atmospheres, this study sheds light on the fluid and dynamic nature of cultural regeneration, offering a deeper understand of the multifaceted experiences and emotions that underlie urban development.

Law Enforcement Against Perpetrators of Criminal Acts In The Insurance Sector In The Perspective of Money Laundering (Study At Manado District Court)

Human life activities are inseparable from the risks that can occur at any time that can cause losses. One effort to overcome this is to use insurance services, but today there are often cases of insurance that harm the community, among others, due to irregularities by insurance agents and the perpetrators are only subject to criminal sanctions in the insurance sector, even though the act is a criminal act of money laundering. This research is a normative juridical research, using a statutory approach and a case approach. The results of the study, that law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit based on Manado District Court Decision Number: 125/Pid.Sus/2021/PN. Mnd dated June 8, 2021, has not been implemented optimally in accordance with the provisions of applicable laws and regulations, where law enforcement only applies the provisions of general crimes and criminal acts in the insurance sector, despite the fact that Mrs. Swita Glorite Supit committed money laundering proceeds in the insurance sector. Obstacles in law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit, consists of aspects of legal substance, where the provisions on criminal acts in the field of insurance and money laundering are special crimes so that Investigators and Public Prosecutors only apply crimes in the field of insurance, and there are no regulations of the Financial Services Authority that specifically regulate the procedures, procedures and activities of insurance agents. Aspects of legal structure, where the understanding of law enforcement who handles the case so that it does not apply the provisions of money laundering in accordance with the actions committed by Mrs. Swita Glorite Supit, and aspects of legal culture, where the public does not know and understand well the provisions governing criminal acts in the field of insurance, and about money laundering

Non Penal Policy to Reduce The Rate of Narcotics Crime Through a Double Track System

This research will analyze the problems contained in the implementation of the double track system for narcotics crimes using Lawrence M. Friedman's legal system theory. The author uses normative legal research with a conceptual approach and deductive method accompanied by supporting data to produce a comprehensive and critical analysis to answer the problem. The purpose of this research is to find problems in the use of the double track system in narcotics crimes using Friedman's legal system theory, this is done because in Friedman's legal system theory will divide through three aspects, namely legal substance, legal structure, and legal culture in narcotics crimes. Based on the results of the research, the legal substance problem in narcotics crime is the existence of strict liability which can cause overcriminalization so that depenalization, decriminalization, and diversion policies are needed in the Narcotics Law. In addition, there is a tendency for judges in deciding narcotics cases to only use imprisonment without accompanying it with rehabilitation. In the legal structure, there are problems in the form of a lack of drug rehabilitation facilities, the strong retributive influence so that imprisonment is the main answer in dealing with problems, abuse of power committed by law enforcers, and imprisonment which is a criminogenic factor for narcotics crimes. While the problems in legal culture are stigmatization by the community, the need for confidentiality of identity, the influence of the surrounding environment, and the level of education and employment affect the incidence of drug crimes.

Navigating the Legal Uncertainty and Informality in Authoritarian Regimes: Legal Culture, Governance and Business Environment in Uzbekistan

Navigating the Legal Uncertainty and Informality in Authoritarian Regimes: Legal Culture, Governance and Business Environment in Uzbekistan

Translation Methods for Food Culture-specific Expressions in David Hawkes’ English Translation of the Chu ci

The Chu ci, a significant legacy of ancient Chinese culture, showcases a diverse range of culinary vocabulary that mirrors the lifestyle of the ancient Chu people and reflects the deep-rooted Jingchu culture of China. This paper focuses on analyzing the translation methods of food-related vocabulary in the Chu ci, with a specific focus on the pieces known as the “Da zhao” (“The Great Summons”）and “Zhao hun” (“Summons of the Soul”) in the canon, which serve as the primary research object in this study. The present study primarily investigates the influential translation of the Chu ci by the renowned sinologist David Hawkes, namely, The Songs of the South (1985). It aims to explores the methods employed by Hawkes in translating the food culture-specific expressions in the Chu ci. The research findings were that as a distinguished sinologist, Hawkes took into consideration the cultural background and cognitive habits of the target readers in translating. He utilized various translation methods such as interpretation, adaptation and communicative translation to effectively interpret the original text. Besides, the paper evaluates the shortcomings present in Hawkes’ translation, including mistranslations and omissions. The goals of this study is to offer some insights and guidance for future translators, promote cross-cultural dissemination and understanding of Chinese culinary culture, and enhance global recognition and appreciation of the unique charm of Chinese civilization.

Global Commerce and the Law: A Comparative Exploration of International Commercial and Intellectual Property Law

This article explores the intricate landscape of international commercial law through a comparative analysis, focusing on the theoretical foundations, dispute resolution mechanisms, and intellectual property rights across different legal jurisdictions. By examining the roles of comparative law, the tension between harmonization and legal pluralism, and the variances in contract law, this study sheds light on the challenges and opportunities presented in global commerce. Furthermore, it delves into arbitration, mediation, and the influence of legal culture on dispute resolution, alongside a detailed examination of copyright, trademark, and patent laws in a globalized economy. This comprehensive analysis aims to provide legal practitioners and businesses with insights into navigating the complexities of international commercial transactions and intellectual property protection, highlighting the importance of strategic legal planning and international cooperation.

Nüshu: Scripting Women's Empowerment and Cultural Legacy in Chinese Society

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The role of local communities in the conservation of cultural heritage sites: A case study of Vietnam

This study examines the significant impact of local community engagement on conserving cultural heritage sites, focusing on active participation, cultural preservation, decision-making, and oversight. Utilizing Structural Equation Modeling (SEM) for analysis, it evaluates how community involvement aids in the maintenance and protection of tangible and intangible heritage aspects. Findings reveal substantial improvements in conservation outcomes due to active community participation, highlighting the critical role of local communities in preserving heritage integrity and cultural values. This emphasizes the necessity of grassroots involvement for lasting cultural legacy preservation. Furthermore, the study stresses the importance of incorporating indigenous knowledge and traditions into conservation strategies to ensure culturally relevant and sustainable outcomes. Although based in Vietnam, the implications of this research are global, advocating for inclusive, community-centric conservation practices that emphasize environmental sustainability and cultural significance. This approach signifies a transformative shift towards heritage conservation models that align with local community ethos, offering valuable insights and recommendations for a more integrative and culturally attuned preservation strategy.

Historical, cultural, and social significance of ancient hydraulic wheat mills: A multidisciplinary approach in the municipality of Matanza (Colombia)

This work focuses on the historical, cultural, and social significance of ancient hydraulic wheat mills in the Municipality of Matanza (Colombia) from a multidisciplinary perspective. It begins by providing historical context about wheat and its introduction to the Americas, particularly in Colombia, as well as discussing the relevance of mills in wheat flour production and their role in rural and urban society. We emphasize the historical and technological significance of the ancient hydraulic mills in Matanza, which harnessed the power of water to grind grains and produce wheat flour. Additionally, the document explores the general characteristics of the millstones used in these devices, including their shape, dimensions, and function in the milling process. Next, it is proposed that the millstones were made from intrusive igneous rocks from the Triassic-Jurassic magmatism and biotitic and possibly amphibolic gneisses belonging to the Proterozoic Bucaramanga Gneiss. Finally, this article addresses the importance of preserving the cultural heritage related to wheat production and artisanal milling in Matanza. It underscores the need to conserve this cultural legacy, revitalize wheat production in the region, and promote tourism and environmental education related to the geological and cultural heritage of the area.

ANALYZING RAGHU RAI'S PHOTOGRAPHIC EXPEDITION AND CULTURAL HERITAGE PRESERVATION IN INDIA

For many years, famous photographer Raghu Rai has used his camera to capture the spirit of India. His work has received widespread acclaim for its artistry, originality, and capacity to convey the nation's rich, varied cultural past. The goal of this analysis is to shed light on Raghu Rai's photographic journey and examine the major topics and motifs that characterize his distinctive aesthetic. In the study, Raghu Rai's efforts to safeguard India's cultural heritage for future generations are also emphasized. The study consults a variety of sources, such as the photographer's interviews, reviews of his work, and pertinent academic literature. This review highlights Raghu Rai's contributions to the field of photography as well as his work to protect and advance India's cultural heritage for future generations. Raghu Rai's distinctive aesthetic is marked by his keen eye for capturing the essence of Indian culture and traditions. His photographs often depict the vibrancy and diversity of the country, showcasing its rich heritage and timeless beauty. Through his work, Rai not only documents India's cultural legacy but also plays a crucial role in preserving it for future generations to appreciate and cherish. By highlighting Rai's significant contributions to photography and the preservation of India's cultural heritage, this study honors his tireless efforts to protect the country's cultural heritage.

#BecomingYou: Discourses of authenticity, work, and success in South African consumer culture

Authenticity is now being used to describe things as diverse as politicians, wallets and holiday packages, and claims to authenticity have become increasingly marketable. Media sources from magazines to social media blogs are all inundated with a persisting, recurring message: that tapping into the “real you” will be the liberating force allowing you to live a happy and successful life. This paper draws on a social constructionist theoretical framework and discourse analytic method to critically analyse three interconnected discourses of personal authenticity (as success, change and work) explored in 10 marketing campaigns prominent in South African media. The constructions found in these media are important not just as reflections of current subject positions available in a particular context, but also in the (re)construction of these particular identities and the (re)production of particular social systems. More specifically, in this case, by closely tying authenticity to notions of success, work and change, these discourses produce “good neoliberal subjects”- ambitious, self-regulated, proactive and productive citizens committed to personal progress and contributing to a “functioning” society. In other words, through these discourses, individuals’ personal aspirations (e.g. self-improvement or happiness) become inextricably linked with capitalist modes of being (work and consumption).

The pecking order: a Bourdieusian look at authority in virtual peer crits

AbstractCultural capital having sway in establishing authority in educational fields, including architecture, has been prevalent in scholarly work discussing the traditional studio setup. With the growing use of multi-user virtual environments (MUVEs) in architectural education, some studios, their occupants, and artifacts moved to the new medium. Such change places those studios in a precarious position vis-a-vis traditional architectural pedagogy, problematizing cultural capital and authority. This research examines the relationship between cultural capital and authority, focusing on MUVE-mediated studio peer crits. It adopts a quasi-experimental approach, where twenty-four participants with varying design proficiencies in diverse peer compositions completed a timed design task. The research employs linkography for analysis and Pierre Bourdieu's theoretical framework for interpretation. The findings suggest that MUVEs have a transformative effect on exogenous cultural capital, potentially disrupting previously established norms and hierarchies in architectural pedagogy and creating new hierarchical models, which add nuances to the existing models in the literature. A MUVE-mediated studio has the potential to present the studio as a new exploratory ground not weighed down by pre-established notions of studio culture "habitus."

Saving the Unsavable or Self-Translating to Exist? An Investigation into Self-Translation in Sicilian Context

Abstract This article investigates whether self-translation can be a tool of cultural legitimization and contribute to the vitality of minority languages broadly understood, using the example of 21st-century Sicilian poetry. Building on research in biocultural diversity, language maintenance and revitalization, and (self-)translation, the article briefly outlines the issue of language maintenance and the ambivalent role of self-translation in minority-language settings. It then considers the status of Sicilian and its vitality, and analyzes examples of self-translation from Sicilian into Italian in mainstream publishing and social media. The analysis underscores the dynamics of literary production and dissemination, as well as the associated publication practices. The Sicilian context shows that self-translation may be a tool for linguistic sustainability through publication formats that give prominence to minority languages. Bilingual editions and social media, in particular, may offer new opportunities for language maintenance.

Philippine and South African Experiences on Folk Literature Research: Relevance, Gains, and Challenges

Folkloric studies have accelerated in the Philippines and South Africa because the Academe acknowledged the urgency to collect, preserve, and publish the oral traditions of indigenous communities. Oral traditions embody the history, values, and world views of these indigenous cultures, which need to be preserved for posterity. This paper discusses the relevance, gains, and challenges in conducting folklore research in the Philippines and South Africa, which share similarities, including their colonial pasts and number of indigenous communities. The paper contemplates the relevance of folklore research outputs in different fields thereby contributing to the discourse on the value of folklore research. This qualitative study uses textual analysis to focus on insights related to folklore research, using secondary data including journal articles, book publications, and textual references. The study reveals that although there is extensive research in the field of folklore in both countries, there remain gaps that need to be filled, such as the collection, preservation, and recognition of representative folklore from other regions and cultural communities. South Africa, for instance, has 12 official languages, and the Philippines has 110 ethnolinguistic groups. There are still languages and indigenous oral traditions that are developing, and folk literature that needs to be recorded, preserved, and published. These oral traditions/folk literature play an important role in revealing people’s cultural identities and preserving heritage, which is imperative in nation-building. The findings highlight the importance of continuing research about folklore and the need to preserve indigenous knowledge systems When written down and published, folklore becomes tangible and preserved for posterity, providing present and future generations the opportunity to learn, understand, and appreciate their cultural legacy.

Transracial and Transnational Adoption in Children’s Literature: Implications for Asian American Adoptees’ Representation, Cultural Authenticity, and Identity

This study explores how Asian American adoptee emerging adults make sense of children’s literature on adoption and their own experiences. Participants included nine transracial, transnational adoptees from China and South Korea ranging from 20 to 25 years old. They participated in a survey and a semi-structured interview to discuss their reaction to adoption-related children’s books and personal reflections. Using reflexive thematic analysis, the findings are organized into six themes: (a) terminology, (b) my parents’ story, (c) relatability, (d) multidimensional narratives, (e) racial feelings, and (f) critical reflections on societal issues. Informed by our findings, recommendations for increasing the representation of Asian American adoptees in children’s literature are discussed.

Cancel Culture: Islamic Law and Public Policy Challenges in the Digital Age

This paper talks about cancel culture and Islamic law and public policy challenges in the digital age. This research uses qualitative methods and legal document studies by collecting and analyzing relevant documents, such as legal regulations, public policies, or legal statements related to cancel culture. The theory used is the legal system of Lawrence Meir Friedman. The legal system talks about aspects of legal structure, legal substance, and legal culture. The results of this study revealed that cancel culture describes a social practice in which individuals are punished masse by netizens through virtual media for words and actions that are considered controversial. Here are some public figures from Indonesia who have experienced cancel culture such as Ahmad Dhani, Luna Maya, Gisel Anastasya, Rizki Billar, Tuan Guru Mizan Qudsiyah, and Panji Gumilang. By Islamic law, cancel culture causes reputational damage and violates constitutional rights so that it can sue those responsible for reputation restoration and losses suffered. As Islamic law and policy challenge, cancel culture requires affirmative policy by looking at the pressure of netizens and its viral power in building collaboration between governments, social media platforms, civil society, and individuals to protect differences and free speech.   Purpose: This paper talks about cancel culture: Islamic law and public policy challenges in the digital age. As a policy challenge, cancel culture requires affirmative policy by looking at the pressure of netizens and its viral power in building collaboration between governments, social media platforms, civil society, and individuals to protect differences and free speech.   Methods: This research uses qualitative methods and legal document studies by collecting and analyzing relevant documents, such as legal regulations, public policies, or legal statements related to cancel culture.   Results and Conclusion: The results of this study revealed that cancel culture describes a social practice in which individuals are punished masse by netizens through virtual media for words and actions that are considered controversial.   Research implications: The implications of this research are as follows: implications to the understanding of Islamic law and public policy challenges, factors influencing the emergence of cancel culture, legal implications, and their impact on society, and all of these are analyzed from a legal and social perspective. Islamic law and policy development: this research can provide insight for policymaking, law enforcement, and decision-making in formulating relevant policies and regulations related to cancel culture.   Originality/value: The Indonesian government must be encouraged to create regulations through Islamic law and social analysis, this research can help identify how culture can affect individual rights, including freedom of speech, privacy rights, and reputation. With a deeper understanding of the interaction between culture and individual rights, appropriate protective measures can be taken to prevent abuse and protect the inherent rights of individuals.

Creation of a ‘New Species’: A Decolonial Reading of Frantz Fanon and B.R Ambedkar

This paper argues that Fanon’s critique of colonisation and Ambedkar’s evaluation of the caste system share similarities because they collectively present a psycho-social understanding of the oppressed human condition. Both Fanon and Ambedkar argue that colonial and caste oppression has introduced a loss of cultural legacy, identity and capacity for self-determination. This loss is imprinted so deeply in the minds of the colonised and stakeholders of the caste system that a new species with a different social, political and economic consciousness is needed to transform and facilitate the formation of radical new social beliefs. For such a decolonisation of the mind to occur, Fanon proposes that violence—the capacity to resist and question—is fundamental, which I argue is also the foundation of Ambedkar’s solution to annihilate caste. However, violence in terms of Fanon and Ambedkar does not translate to physical harm. It is the intellectual capacity and desire for self-reflection that ruptures existing hierarchical power structures and renews the meaning of being human in democratic civilisations.

A comparative study of the judicial construction of scientific credibility in climate litigation

AbstractAlthough the value of climate science in the courtroom is widely acknowledged, few studies have evaluated how judges achieve a scientifically sound grounding for their rulings. Drawing insights from legal culture and science and technology studies, we compare the determination of scientific credibility in leading climate cases in Europe and the United States. Judges on both sides of the Atlantic answer similar questions about scientific facts and commonly use authoritative reports and testimonies from qualified experts. However, while judges in the Netherlands, France and Germany find value in the political mandates of international or national bodies that generate scientific reports, American judges seek to keep scientific expertise from the influence of policy considerations. We make sense of this difference by identifying two competing ideals of expertise, namely the ‘view of everyone’ ideal in Europe and the ‘view from nowhere’ ideal in the United States. Although climate science is often articulated in universalist terms, the cultural embeddedness of adjudication means that the evaluation of credibility varies by jurisdiction.