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The
doctrine of stare decisis, whereby courts are bound by precedent
cases, underpins legal reasoning in the common law world. At the same
time, the legal judgment is itself a product of institutional and linguistic
practices, and raises broader questions about the foundations and boundaries
of law. This colloquium re-examines the seemingly familiar notion of a
'legal case' by exploring the histories, practices, conventions and rhetoric
of 'case law'. It will also investigate the interaction between cases
and other discourses such as fiction, drama and film. Speakers will include
legal philosophers, legal historians, literary critics, and linguists
who work at the intersection of law and the humanities.
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June
23, 2010 Wednesday
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9:30am
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Reception
and Registration
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10am
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Opening
Mr. Justice Bokhary PJ,
Court of Final Appeal
Johannes Chan SC,
Dean, Faculty of Law
Christopher Hutton, Associate Dean, Faculty of Arts
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10:30am-
12:45pm
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Session
1: What is a ¡¥Case¡¦? Problems of Classification and Definition
Chair: Cora Chan
(University
of Hong Kong)
|
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Reading
Legal Case Reports
Alan Durant (Middlesex University)
|
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On
Lapsus Judicii: Notes on Law in the Making
Thanos Zartaloudis (Birkbeck College)
|
|
¡§I
crave the law¡¨: Salomon v A Salomon & Co Ltd (1897) as a Socio-Cultural
Event
Christopher Hutton (University of Hong Kong)
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12:45pm-2pm
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Lunch
|
2:15pm-4:30pm
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Session
2: The Legal Case and Fiction
Chair:
Sarah
Cheng (University
of Hong Kong)
|
|
Stare
Decisis and Anthony Trollope¡¦s The Eustace Diamonds
Marco Wan (University of Hong Kong)
|
|
¡§Binding¡¨
Precedent: Robert Louis Stevenson¡¦s
The Strange Case of Doctor Jekyll and Mr. Hyde
Scott Veitch (University of Hong Kong)
|
|
On
Trial in Chinua Achebe's No Longer at Ease
Katherine Isobel Baxter (University of Hong Kong)
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|
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June
24, 2010 Thursday
|
10am-12:15pm
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Session
3: The Legal Case on Stage and Screen
Chair:
Haochen
Sun
(University of Hong Kong)
|
|
The
Dramatic Imagination and the Dream of Law
Paul Raffield (University of Warwick)
|
|
Hamlet's
Delay as Procedural Justice
Kenji Yoshino (New York University)
|
|
The
Whole Truth and Nothing but the Truth: the Case of Close-Up
Maria Aristodemou (Birkbeck College)
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12:15pm-2pm
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Lunch
|
2:15pm-4:30pm
|
Session
4: Non-Western Perspectives on the Legal Case
Chair:
Douglas Kerr
(University of Hong Kong)
|
|
The
Guiding Cases System: Stare Decisis with Chinese characteristics
Ping Yu, (New York University)
|
|
The
Impeachment Trial of Warren Hastings
Anthony Carty (University of Hong Kong)
|
|
Sir
William Jones and the Translation of Law in India
Robert Young (New York University)
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Evening
|
Colloquium
Dinner
|
|
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June
25, 2010 Friday
|
10am-
11:15am
|
Session
5: Cases of Obscenity
Chair:
Gina
Marchetti (University
of Hong Kong)
|
|
Revisiting
¡¥Obscenity¡¦: Insights from the Sorites Paradox
Janny Leung (University of Hong Kong)
|
|
Brokeback¡¦s
Bareback: Rum, Sodomy and the Lash in (Queer?) Legal Fictions
William MacNeil (Griffith University)
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11:15am-11:30am
|
Coffee
|
11:30pm-12:45pm
|
Roundtable
Discussion
|
12:45pm-2pm
|
Casual
Lunch
|
|
|
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Maria
Aristodemou
University of London
Maria
Aristodemou is senior lecturer in law at Birkbeck College, University
of London. She examines literature as a potential form of law making
by drawing on the insight of feminist theory, postcolonial theory,
and critical race theory. She is the author of Law & Literature:
Journeys from Her to Eternity (Oxford University Press, 2000).
Katherine Baxter
HKU
Katherine Baxter is Research Assistant Professor
at the University of Hong Kong. She received her PhD from the University
of Glasgow, and has published predominantly in the field of Conrad
Studies. In 2004, she was honoured by the Joseph Conrad Society
of America with the Bruce Harkness Young Conrad Scholar Award. She
also works on 20th century and contemporary literature from and
about West Africa, and in particular, on the interplay between literature
and policy during the late colonial and early postcolonial period.
Anthony Carty
HKU
Anthony Carty is the Sir Y.K. Pao
Chair Professor in Public Law at the University of Hong Kong. Carty
studied law at Queen's University Belfast, London, and Cambridge.
He has worked at the University of Paris, the Max Planck Institute
in Heidelberg and has lectured at Edinburgh University and Glasgow
University. He has held visiting positions at Max Planck Institute
for European Legal History, the University of Tokyo, and the Autonomous
University of Madrid. His Philosophy of International Law
(Edinburgh University Press, 2007) has been the subject of close
attention in recent review articles in the American Journal of
International law, the Journal of the History of International
law and the Modern Law Review.
Alan Durant
Middlesex University
Alan Durant is Professor of Communications at Middlesex
University. He received his PhD from Trinity College, Cambridge,
and has published extensively in areas ranging from English literature
and music through to linguistics and communication law. He has lectured
in more than 30 countries around the world and been consultant on
higher education projects in Europe, North and South America, North
Africa and throughout Asia for the British Council and other organizations.
He was a member of the British Council's Literature Advisory Committee
(LITAC), 2000-2003, and has been a consultant to the British Film
Institute on exploiting archive footage as well as producer of two
broadcast documentaries for Channel 4 television.
Christopher Hutton
HKU
Christopher Hutton is Chair Professor of English
at the University of Hong Kong. He received his doctorate from Oxford
University, and his research focuses on political issues in language
and linguistics. His is currently working on the question of interpretation
in a legal context, and his most recent publication is Language,
Meaning and the Law (Edinburgh University Press, 2009).
Janny Leung
HKU
Janny Leung is Assistant Professor of English at
the University of Hong Kong. She received her PhD from Cambridge
University, and has published articles on second language acquisition,
law and language, and law and psychology.
William MacNeil
Griffith University
William MacNeil is Professor of Law at Griffith University,
where he is also Deputy Dean for Research and Director of the Socio-Legal
Research Centre. He received his JSD from Columbia University, and
his areas of interest include law and popular culture, law and literature,
law and film, and theories of human rights and justice. He is the
author of Lex Populi: The Jurisprudence of Popular Culture
(Stanford University Press, 2007) and of a forthcoming monograph
entitled Novel Judgments: Legal Theory as Fiction (Routledge-Cavendish,
2010).
Paul Raffield
Warwick University
Paul Raffield is an Associate Professor in the School
of Law, University of Warwick. After graduating with a degree in
law, Raffield trained as an actor. He continues to work as an actor
and director. Raffield studied for his PhD at Brikbeck College,
London, and has subsequently published extensively in the fields
of law and literature and legal history. He is the author of Images
and Cultures of Law in Modern England: Justice and Political Power,
1558-1660 (Cambridge University Press, 2004) and is currently
writing his next book, Shakespeare's Imaginary Constitution:
Late Elizabethan Politics and the Theatre of Law (Hart, 2011).
Raffield is a member of the Italian Cultural Association for the
Study of Law and Literature (Associazionne Italiana di Diritto e
Letteratura). He is the founding coeditor of the journal Law
and Humanities. In 2009 Raffield became a Fellow of the Higher
Education Academy.
Scott Veitch
HKU
Scott Veitch is the Paul K.C. Chung Chair Professor
of Jurisprudence at the University of Hong Kong. Educated in Scotland,
he has worked at universities in the United Kingdom and Australia,
and has held visiting academic positions in South Africa, New Zealand,
Belgium and France. His first monograph, entitled Moral Conflict
and Legal Reasoning (Hart, 1999), was an analysis of legal reasoning
and institutions from the conflicting perspectives of the liberal
theory of Isaiah Berlin and the liberal critique of Alasdair MacIntyre,
and was the winner of the European Award for Legal Theory. Current
research projects include comparing legal traditions in their philosophical
and socio-economic contexts; a critical evaluation of citizenship
and the common good in the European Union; and representations of
pain in legal and aesthetic contexts. His most recent monograph
is Law and Irresponsibility: On the Legitimation of Human Suffering
(Routledge-Cavendish, 2007).
Marco Wan
HKU
Marco Wan is Assistant Professor of Law and Honorary
Assistant Professor of English at the University of Hong Kong. He
works on literary-legal relations in nineteenth-century England
and France, and also has a strong interest in representations of
law in Asian cinema. He has published articles on the Oscar Wilde
trials, the Madame Bovary trial, and legal films in Hong
Kong. He received his PhD and his law degree from Cambridge University,
and his BA from Yale University.
Kenji Yoshino
NYU
Kenji Yoshino is the Chief Justice Earl Warren Professor
of Constitutional Law at the New York University School of Law.
Prior to moving to NYU, he was the inaugural Guido Calabresi Professor
of Law and Deputy Dean of Intellectual Life at Yale Law School,
where he taught from 1998 to 2008. He received his undergraduate
degree from Harvard College, took a Rhodes Scholarship to Oxford
University, and earned his law degree at Yale Law School. He is
the author of Covering: The Hidden Assault on our Civil Rights
(Random House, 2006), which received the Randy Shilts Award for
Gay Non-Fiction from the Publishing Triangle (2007), a Stonewall
Honor Book Award from the American Library Association (2007), and
a Myers Outstanding Book Award from the Gustavus Myers Center for
the Study of Bigotry and Human Rights (2006). He is also the author
of a forthcoming monograph on Shakespeare and the law (Ecco Press).
Robert J.C. Young
NYU
Robert Young is the Silver Professor of English and
Comparative Literature at New York University. He was educated at
Oxford University and is the author of many books on colonial discourse
and on Post-colonialism. His most recent book is The Idea of
English Ethnicity (Blackwell, 2008).
Ping Yu
US-Asia Law Institute
Ping Yu is a senior research fellow at the U.S-Asia
Law Institute and a leading specialist on China's criminal procedure.
Dr. Yu is also an adjunct professor at Shanghai Jiaotong University
School of Law in Shanghai, where he teaches both a course on Chinese
criminal law and a comparative course on criminal justice in the
United States.
Thanos Zartaloudis
University of London
Thanos Zartaloudis is a lecturer
in law at Birkbeck College, University of London. He received his
PhD from Birkbeck and works on legal philosophy, the experience
of refugees and property studies. He is the author of a recent monograph
entitled Giorgio Agamben: Power, Law and the Uses of Criticism
(Routledge-Cavendish, 2010).
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¡@
Please
email Lydia Bute (lbute@hku.hk)
¡@
¡@
¡@
Elaine
Y.L. Ho Arts,
HKU
Marco Wan
Law, HKU
Robert J.C. Young
English
and Comparative Literature, NYU
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Click
here to download
the poster in pdf.
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Please
click
here for a larger map.
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Designed by: Crystal Ko,
School of English
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