Par-delà la raison pratique
L'Indian Evidence Act et sa nature performative
Bibliographic Data
| ID | 14770864 |
|---|---|
| Authors | Ranabir Samaddar (Ministère de la Culture, corresponding author), Nicole G Albert |
| Year | 2013 |
| Volume | 239-240 |
| Issue | 3 |
| Pages | 86-108 |
| Publication date | 2013-08-29 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Diogène (JOURNAL) |
| Journal identifiers | ISSN: 0419-1633 • E-ISSN: 2077-5253 |
| Publisher | CAIRN (PUBLISHER) |
| DOI | 10.3917/dio.239.0086 |
| OpenAlex | W2007681522 |
| Language | FR |
| Citations received | 1 |
| References cited | 7 |
This article is about the Indian Evidence Act. It also explains how evidence is the script that carries law’s unconscious. One one hand, evidence is the site of reason, on the other hand it is also the performative site of the unconscious. The operation of the Evidence Act requires a court, arguments, ways of producing evidence, counter-arguments, scrutiny of the nature of the evidence submitted, and finally the disputation around what constitutes an evidence, and then the judgement. The article argues through a brief presentation of the history of the Act, how law in this way combines the normative and the performative – science of inquiry and the unpredictable script of outcome, procedure and the spectacle built around elements such as - live deposition and the hermeneutic power of the image, rational considerations and emotion, virtuality and the event, serious business in the court and the element of drama. The article suggests with a bit of irony the injunction that to see what law is and how it functions we can go to the cinema; to see what cinema is we can go to the court
Aesthetics · Art · Drama · Dramaturgy · Epistemology · Irony · Literature · Movie theater · Performative utterance · Political science · Sociology · Judicial and Constitutional Studies · Law · Law in Society and Culture · Philosophy · Vietnamese History and Culture Studies
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,1 |
| Citation span | 2016 - 2016 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |