Category: Philosophy

Two of English Private Law’s Anachronistic Remnants of a Bygone Misogynistic Era

Nicolás Schuscheim[1]

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Introduction

As a result of England’s common law system, until a factual scenario is tried in the higher courts of the judicial hierarchy, or until Parliament legislates, the law remains unchanged. This means that in some obscure areas, there is no applicable legislation restricting what citizens, and the government, may or may not do; the concept of residual liberty.[2] This also means that, in some areas where Parliament legislated centuries ago, no legislation has amended, repealed, or complemented those archaic statutes. The law tends to be a good indicator of social and cultural norms of the time of its enactment, but as such, it is faced with the challenge of adapting to new sociocultural environments. For the purposes of this article, we will focus on the patriarchal remnants of the private law, beyond the ambits of criminal or family law. As such, this article will examine two scenarios of the sort: (1) undue influence in the case of providing surety for a bank and (2) the presumption of advancement on a gift.

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The Hegelian Dialectics of Punk

Melanie Sabbah[1]

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By the summer of 1976, the music which had been the driving force and epitome of the 1960’s utopian vision and revolutionary-minded social and political protest, appeared to have become an out of touch industry, disconnected from everyday reality. Against this backdrop, punk unleashed its unfurling rebellious energy, and “created moral panic” before quickly “degenerating into a freak show for the voyeuristic”.[2] A quintessentially counter-cultural movement characterised by the downright rejection of conformity, punk’s youthful energy is a product and legacy of rich cultural and philosophical traditions. In an attempt to understand and learn from such a movement, philosophical analysis emerges as an unusual, albeit effective, method. Punk is an archetypal and particularly visually distinctive example of enduring behaviour in cultural trends. It is with reference to Hegel’s exposition of Dialectics, bearing in mind the particular function Art occupies in his philosophical system, that I shall seek to explain and understand punk. Further, it is through the lens of punk that I shall seek to best understand the operation of Hegel’s dialectics and the timeless relevance and presence of punk as cultural-defying attitude.

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