Sunday, August 01, 2021

"Law and the Janus-Faced Morality of Political Correctness:" Announcing Publication of Inaugural Issue of the Coimbra Journal for Legal Studies, Undecidabilities and Law

 


 

I am delighted to announce the publication of the inaugural  issue of Undecidabilities and Law, The Coimbra Journal for Legal Studies.   Congratulations to its remarkable Coordinator, José Manuel Aroso Linhares Full Professor at the Faculty of Law of the University of Coimbra, Portugal and Coordinator at the University of Coimbra Institute for Legal Research, Portugalas well as to to its Executive Board: José Manuel Aroso Linhares, Maria José Oliveira Capelo Pinto de Resende, Inês Fernandes Guerreiro Godinho, Ana Margarida Simões Gaudêncio, Dulce Margarida de Jesus Lopes. As they describe it, "Each volume of our Journal will be dedicated to one of these societal problems and this context of resistance to unique languages and solutions, seriously taken in a reflective horizon that crosses dogmatic and meta-dogmatic legal discourses with the challenges of extra-legal perspectives and approaches."

 The theme of Issue 1 (2021) is Law and the Janus-Faced Morality of Political Correctness, which consists of a number of quite interesting articles that examine the theme. The Issue theme was nicely described by its editors:

In a situation such as ours, involving the paradoxical challenges of both a homogenizing globalization and a self-celebrating plurality, several major juridically relevant societal problems firmly resist the predetermination of a unique solution (i.e. the possibility of an algorithmic yes-or-no answer or the plausibility of a unity-generating language) and open up a huge spectrum (if not a whole web) of perspectives, arguments and operatories. The title Un-decidabilities and Law is a direct allusion to this resistance, as well as to the contextual instability which permanently renews questions and answers.

Our first volume, developed in an exceptionally short period of time, explores one of those problems: the culture and/or the morality of so-called political correctness. Having benefited from a generous and diverse set of contributions, this initial volume privileges a thematic concentration: sufficiently closed to guide an always difficult selection, sufficiently open however to give the selected sequence the transparency (and the dynamics) of an “arch-form” in seven chapters, the extreme panels of which (less focused on the main topic) expand the required contextualisation. The first chapter is by Professor James Boyd White, our sole invited Author, whose participation is certainly a wonderful privilege! Whilst anticipating the plurality of approaches and the perplexing argumentative reversibility which wound the story about Law and Political Correctness, the Introduction which follows also clarifies the sequence selected and the choices which build it (infra, “Law and the Janus-faced Morality of Political Correctness: an Introduction”, 3.).

Issue 1 touches on some of the most sensitive issues  that have embroiled academics and policymakers in liberal democratic orders (and which to some extent drive debate in the political and societal spheres).  These include speech rights and the control of language taboos, the politics of pronouns, the ideologies of sexual assault and the regulation off sexual interaction, and theories of law and "correctness." They each center on an interrogation of political correctness in its various manifestations as as metaphor for systems of taboos in a variety on contexts in which the issues have become contentious.  The notion of "correctness" touches not merely on the re-construction of linguistic taboo structures, but on contests among vanguards for the power to imposed these taboos--to project them  beyond the vanguard to displace alternative taboo-meaning structures.  In the process, of course, linguistic taboos are meant to shape behaviors and cultural expectations that then may be naturalized and embedded in collective governance structures--formal and informal. 

 Authors of the inaugural issue include: (1) José Manuel Aroso Linhares (Law and the Janus-faced Morality of Political Correctness an Introduction); (2) Jame Boyd White (Keep Law Alive); (3) Larry Catá Backer (The Semiotics of Consent and the American Law Institute’s Reform of the Model Penal Code’s Sexual Assault Provisions); (4) Silvia Niccolai (The risky temptation of wanting to be the Legislator of the Language); (5) Macario Alemany (Should we say "functional diversity" to refer to "disability"? A critique of the new postulates of political correctness around disability); (6) Pablo de Lora (Political correctness and the right to free speech: the case of preferred pronouns); (7) Barbara Sgorbati (Political Correctness and the Law); and (8) Eduardo C. B. Bittar (Consonances and Dissonances Between Legal Realisms a comparative study of the Theory of Law).

Links to the articles follow below along with links to downloading the entire issue. 


Full Issue


No comments: