Without love there can be law but no justice

ABSTRACT

This special issue of Globalizations builds the case across a diverse group of papers that law is in need of decolonization, especially law systems structuring settler-colonial societies. This is because law's dispossessing character in these contexts is hidden by the prevalence of nomophilia; that is, an uncritical love of law for the neutrality and objectivity it self-proclaims to possess. The collection of papers for this special issue constitute a collective critique of colonial law and crime that does its part in disrupting law's empire of violence by tracking the legalized violence across the axes of class, race, gender, and sexuality. The popular expression of ‘fuck the law’ captured by Agozino in the leading paper of this issue establishes the context in which we make a call for the necessity of love to enter the realm of law as an urgent decolonizing praxis. Without love there can be law, but no justice.     

Effects of Love Styles on Marital Satisfaction in Heterosexual Couples: A Dyadic Approach

The main objective of this study was to test Actor-Partner Interdependence Models (APIM) describing the relationship between wives' and husbands' love styles and marital satisfaction within heterosexual couples (n=146 couples). Love styles (i.e., Eros, Ludus, Storge, Mania, Pragma, Agape) were set out in Lee's theory of love, which defines love as an attitude, meaning a predisposition to think, feel, and behave toward one's partner. Six APIMs representing each love style were tested using a path analysis procedure. Length of marriage and wives' and husbands' depressive moods were entered into the models as control variables. The results revealed that among the love styles, only Eros contributed to marital satisfaction for both men and women. However, our results showed that wives' Eros style had a positive impact on husbands' marital satisfaction, whereas husbands' Eros style did not influence wives' marital satisfaction.     

Effects of Love and Liking in Premarital Dyads

Abstract

Rubin's love-liking scale (1970) is used to investigate the role of love (a concept specific to the Western world's romantic sentiment complex) and liking (a more general concept relating to bases of interpersonal attraction other than love) in premarital dyadic processes. Reinforcement theory (Miller and Siegel, 1972) is used to formulate hypotheses of four kinds of effects of love and liking: (1) Effects on stage of relationship and break-up of it. (2) Subjective effects, i.e., effects of loving and liking one's dating partner in terms of happiness, tension, and communicative agreement. (3) Synergic effects, i.e., effects of being loved and being liked in terms of the same variables. (4) Mutuality, the degree to which loving and liking and other feelings are reciprocated between partners. Love was found related to dating stage for both sexes but not related to break-up for either sex. Liking was found to be related to both dating stage and break-up for males but not for females. Neither subjective nor synergic effects were found for love, but both effects were found for liking. Mutuality was found for happiness and tension but not for love or liking. It was concluded that love is not dependent on reinforcement principles but that liking is. Futher discussion on detailed aspects is offered.     

The Case of Rosie: An Adlerian Response

This response is based in the perspective of Individual Psychology, especially in addressing Rosie's stated sense of failure in each of the three life tasks identified by Alfred Adler (1964) as confronting all human beings and defining the requirements for successful adaptation. These are (a) the social task of friendship and making one's place in the community; (b) the task of love and sexuality; and (c) the task of work. Each of these is dictated by the social character of human being, and is seen as ineluctable, given the way humankind's successful evolution was secured by the capacity for language, the revering of social-sexual bonds, and the exchange of goods and services through the division of labor.     

The curious absence of love stories in women's talk

Sociological debate has dealt with love in a number of different ways. For some, love offers a unique opportunity; it is a path to salvation (Jackson, 1993; Langford, 1999). Others, however, take a more sceptical approach to love in modern society: for Beck and Beck‐Gernsheim (1995) love represents the path to extreme individualization, for Illouz (1997) it is ultimately underpinned by consumerism, and perhaps most extreme, for Bauman (2003) love has been destroyed. Giddens offers a slightly different (and more hopeful) perspective and suggests that with growing choice and freedom, love has become ‘confluent’ and temporary subject to individuals' needs (Giddens, 1992). When adult women were asked about love and how they have experienced love in their own lives, however, few of these themes emerged. Instead many women found it difficult to talk about their feelings generally and love in particular. There was an absence of falling in love stories and rather, women explained that they ‘drifted’ into relationships, or they ‘just happened’. The discourses and languages that these women used to explain love and their relationships will be explored in this paper. Love was simultaneously loudly absent and quietly present.     

I DANCE TO YOU: REFLECTIONS ON IRIGARAY'S I LOVE TO YOU IN PILATES AND VIRTUOSITY

This essay engages Luce Irigaray's view of love as carnal and relational labor, and her ethics of that love, as they emerge in her book I Love to You: Sketch of a Possible Felicity in History. Of particular interest is the 'to' in her formulation 'I love to you'. This 'to', the author argues, is deployed by, or reverberates between, dancing, observing and writing bodies. It is a technology of corporeal intimacy, a protocol for reading and re-imagining the love story of dance criticism. Two sites offer illustrations of opposing views of Irigaray's 'to'. The first, the Pilates studio, links 'to' to the metaphoric, sometimes proprietary intimacy of working with a practitioner body to body. The second, a decidedly 'anti-Irigaraian' love story, explores virtuosity as a romance between dancer and critic, one in which the latter is seduced by, and envelopes the former as 'you who will never be, yet must be mine'.     

Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Of Race/Religion,Nation and Violence: Incident at Vichy and Final Solutions

Abstract

Arthur Miller's Incident at Vichy (1964) and Indian English playwright Mahesh Dattani's Final Solutions (1992) invite comparison in that they each deal with a historic moment that demonstrates contextually how violence can be common to racism, (organized) religion, and national imagining. While Miller's play externalizes human cruelty by locating it in the Nazi experience, Dattani's — centred around the recent Hindutva movement in India — clearly evokes the image of the Holocaust, without equating it with Nazism, though. Yet similarities between the plays abound — suspect secularity of the nation-state, insecurities around one's racial/ethnic/religious identity, denial of responsibility, and the eventual need for human communication. The endings of both plays posit a certain notion of justice, but without clarifying whether it can be realized through 'the true humanly valuable concepts' of decency and love or whether it functions more as 'a claim made by the oppressed'. This tone of self-criticality underscores the persistent need for restraint in the exercise of power.     

Love Without Borders?

Since 2000, Denmark has imposed some of the strictest immigration laws in Europe. Consequently, family reunification has become increasingly difficult for immigrants as well as for Danish citizens. In the fall of 2010, the Danish family reunification laws became subject to criticism and protest by a citizens' initiative called ‘Love without Borders’ (LWB). The article investigates how LWB managed to generate political momentum around love: an affect which seems to promise inclusion, liberation and togetherness for those directly affected by the laws as well as those attempting to change the laws. Yet the idealized version of love promoted by LWB happened to take the form of romantic intimacy predominantly consisting of straight, young and white-brown couples oriented towards reproduction. Our main argument is that despite its good intentions of supporting migration the activist campaign ‘Love without Borders’ ends up supporting whiteness as the body through which love must flow. As an indicator of the racialized discourses informing LWB's activism the article introduces the concept of white transraciality. Thus, to LWB love seems to promise affective ties to the nation, to the future and to the political system in ways that sustain white hegemony. Building mainly on Sara Ahmed's and Laurent Berlant's reflections on love as cultural politics the article analyzes posters, viral videos and newspaper debates in its discussion of the promises and pitfalls of love as an affective political tool.     

Law,love and being in relation

ABSTRACT

This article takes up Agozino's call for love. Yet this call is not a straightforward one. In response, I press for an appreciation of love which avoids collapsing love into 'protection', engaging instead with the Aboriginal World View described by Kombumerri and Wakka Wakka woman and scholar, Mary Graham, as a form of conduct, reflection and a practice in listening. Through two quite distinct stories offered by young people in their encounters with Australia's criminal justice system, I explore the ethics of listening and respectful relations in social and institutional settings. While the first story reveals the denial of colonial violence accompanying protectionist policies for the ‘care' of Indigenous communities, the second story shows how such patterns of denial underpin western ‘justice' systems, including for settler peoples. Responding to Agozino’s call requires that we examine the ethical act of listening and reflect on the repercussions of the failure to listen.     

Illusion — Money — Illusion: Viktor Pelevin and the 'Closed Loop' of the Vampire Novel

Abstract

A brief contextual discussion is presented of the Russian history of the vampire genre and its spiritual critique of the human condition in both the nineteenth and twentieth centuries, encompassing texts by Gogol, Turgenev and Bulgakov, as well as the well-known Dozor teratology by Sergei Luk'ianenko). It addresses the question of whether the vampire in this context is principally Romantic transgressor, moral object lesson, political metaphor, or capitalist bloodsucker. The principal focus of the article is Viktor Pelevin's 2008 novel Ampir V (Empire V), set in a new Russian empire of 'benevolent' slavery, in which humans are prey to the vampires who live amongst them. The argument is that Pelevin's novel addresses issues such as political predation, capitalism, and consciousness; the mind-capital link can be analysed within a broadly Jamesonian/Deleuzian model of consciousness under late capitalism. Pelevin uses vampires, hidden creatures of the night, to divine the darkness of self-delusion, asking what one might know and how one might know it, given a world of illusions, shadows, and deception. Although (briefly) acknowledging the forces of faith and of love, he concludes that addiction to illusion is the human condition; thus Pelevin's formulation of human destiny as 'illusion–money–illusion'.     

The Meaning of Work and Love: Career Issues and Interventions

Examining concepts about work and love can help people increase their career success and life satisfaction. Career counselors may initiate this examination by eliciting clients' concepts about work and love. After hearing a client's ideas about work and love, counselors can compare this personal meaning to the social meaning of work and love. When this comparison reveals dysfunctional beliefs about work and love, counselors can link these beliefs to their client's career concerns. Such a linkage typically provokes a cognitive dissonance that motivates clients to modify their beliefs. Counselors can facilitate meaning modification by using client-centered and social influence techniques.     

Matching in Sexual Experience for Married,Cohabitating, and Dating Couples

This study examined heterosexual romantic partners' number of intercourse partners prior to the initiation of their relationship to determine if a significant positive correlation (matching) occurred between partners, and if this matching was associated with their level of love and satisfaction with and commitment to the relationship. One hundred and six couples who were dating, cohabitating, or married participated in this study. Results indicated that, with the exception of cohabitating couples, romantic partners showed a significant level of matching in the prior number of intercourse partners. Further, among the married couples, a higher discrepancy between men's and women's number of previous intercourse partners was related to lower levels of love, satisfaction, and commitment in the relationship.     

Sex,gender and money in African teenage conceptions of love in HIV contexts

In much of Africa, teenage sexualities are often understood through the optic of danger, violence and disease without much attention to love within relationship dynamics. There is a strong case to be made for the continued focus on African teenage sexualities within unequal relations of power. However, whilst focusing on the structural factors that expand sexually aggressive masculinities and limit teenage women's sexual agency, the expression of teenage love in the daily battle for power remains neglected. Drawing on an interview study of teenage Africans, aged 16–17 years, in the KwaZulu-Natal province of South Africa, the paper focuses on the micro-dynamics of love, sex and gender. Teenagers account of love highlights changing discourses and include relationships based on care, negotiation and agency showing potential for equality. Such constructions however sit in tension with teenage women's vulnerability in relation to the sexual economy and money, masculine power and gender hierarchies. Intervention programmes that address teenage sexuality must pay careful attention to how love matters in their conceptualisation of relationships and requires consideration of the social and economic context within which they are located. The challenge is to build on equality, address gender hierarchies and ideologies within relationships which create vulnerability.     

Toward A Renewed Sociological Jurisprudence: From Roscoe Pound to Herbert Blumer and Beyond

This article, based on the Distinguished Lecture presented on August 21, 2001, at the annual meeting of the Society for the Study of Symbolic Interaction in Anaheim, California, proposes a synthesis of Herbert Blumer's macrosociological perspective on the race question with Roscoe Pound's philosophy and science of law (i.e., his so‐called sociological jurisprudence), Joseph Tussman's and Jacobus tenBroek's juridical methodology, and Philip Selznick's sociology of responsive law. The compound so produced will help to establish a foundation for a praxiological sociology of American constitutional law. The article focuses on the problem of legislative‐made “classifications” and their relations to the legitimate public purposes entailed in the enactment of statutes, laws, and decrees. Such classifications become problematic when they are said to be “underinclusive,” “over‐inclusive,” or both in seeking to effect their aims. Strategic research sites for this issue are racial and ethnic classifications that single out one or a limited cluster of racial or ethnic groups for special benefits (“affirmative action”) or restitution (“reparations”). Calling for a reinvigoration of Pound's pragmatic approach to sociological jurisprudence, I show how Blumer's analysis of the “color line”—when seen in relation to the original intent of the makers of the Thirteenth, Fourteenth, and Fifteenth post‐Civil War Amendments to the U.S. Constitution and, using Tussman's and tenBroek's showing of how such categorizations might be both methodically evaluated and applied to the challenged classifications—provides grounds for reconsidering whether the latter are instances of “reverse discrimination” and, hence, violations of the constitutional requirement of “equal protection of the law.” The science of law is a science of social engineering having to do with that part of the whole field which may be achieved by the ordering of human relations through the action of politically organized society. —Roscoe Pound, Justice According to Law We did not hold it necessary to wait for nature to put a canal across the Isthmus of Panama, and we shall not much longer hold it necessary to wait for nature to dig the legal canals that will give security to neglected human interests which clamor for recognition and protection. —Roscoe Pound, “Juristic Problems of National Progress”     

Darling Robert….

How do men and women experience love? As no one person is entirely qualified to speak for both sexes, this love letter considers the dilemmas in assuming that love is in itself gendered. A light hearted look at desire, through the prism of Shakespeare's play Romeo and Juliet, offers some ideas on the nature of love.     

Measuring Romantic Love: Psychometric Properties of the Infatuation and Attachment Scales

Romantic love is ubiquitous and has major influences on people's lives. Because romantic love consists of infatuation and attachment, researchers need to be able to differentiate between these constructs when examining the behavioral, affective, cognitive, and physiological correlates of this intriguing phenomenon. Existing love questionnaires appear less suitable for measuring the two-dimensional construct of romantic love. We present here the new 20-item Infatuation and Attachment Scales (IAS) questionnaire. In Study 1, exploratory factor analyses in a Dutch-speaking sample (n = 162) revealed a clear-cut two-factor structure, with 10 infatuation and 10 attachment items loading on separate components. This two-factor structure was confirmed in a new Dutch-speaking sample (n = 214, Study 2), and in an English-speaking sample (n = 183, Study 3). In all studies, it was additionally shown that both scales possessed good convergent and discriminant validity, as well as excellent internal consistency and test-retest reliability. We argue that the IAS is a widely applicable, psychometrically sound instrument that will be useful in future research exploring the effects of infatuation and attachment on behavior, emotion, cognition, peripheral physiology, and brain functioning.     

LAW AS SYMBOLIC ACTION: KENNETH BURKE'S SOCIOLOGY OF LAW*

In this paper, I present Kenneth Burke's sociology of law as a critical interactionist alternative to the now dominant functionalist sociology of law. Burke's perspective conceives of the law as a form of symbolic action that contributes much to social order. Further it ties the structure and operation of the law to the ontological symbolicity of human being. Finally I suggest that the use of this theoretical framework in research on the place of law in society will produce results that are both critical and hermeneutic.     

Evolution and Dimensions of a Women's Clinic in a University Setting

Abstract

As theologian Henri Nouwen has pointed out, the opposite of love is not hate; it is fear. Nowhere is the fear which strips us of our capacity to behave rationally better evidenced than in relation to AIDS. Only as we allow ourselves to be moved from what Nouwen calls the house of fear into the house of love will responsible answers begin to be formulated to the emerging moral questions presented by AIDS. The questions are threefold. To those potentially at risk for AIDS or actually infected with it, it raises questions about honesty and love in sexual relations. For caregivers, it raises questions about the nature of our professional obligations. And for society at large, it raises questions about confidentiality and scapegoating. It is the author's contention that an experience of the divine love—unconditional, unmerited, unbounded—is alone sufficient to move us from fear, and its responses to AIDS, to a more loving (and courageous) stance. Only thus will we begin—whether as victims of AIDS, as caregivers, or as members of society at large—to exercise moral responsibility with respect to this dread disease.     

Geriatric Hospitals in India,Today and in the Future

Summary

In a country that shuns hospitalization of the elderly, regarding it as disrespect of those who helped youngsters evolve, Heritage Hospital (HH)is a welcome change, a model and pioneer stand-alone geriatric hospital. With its non-ambulatory services looking after sick elderly, HH is like an extended family of seniors. HH's love and fresh air complement its Meals-on-Wheels program, guided by the nutritionist's healthy food. HH's Volunteer Guild; its Diabetes Club, ever growing with India's dramatic rise in the number of diabetics; its Senior Net Club's Click@50, making elders computer savvy; and Grandparent-Grandchild and Golden and Silver Couple contests celebrated on October 1st, are all widely appreciated, enforcing strong values Indians still share on marriage and family. Heritage brings together 10,000 seniors in Hyderabad, strengthening its motto of Eastern philosophy with its strong emphasis on care for the elderly.