Evidence and the Archive: Ethics, Aesthetics, and Emotion

Australian Feminist Law Journal 40(1) 2014

UTS: Law Research Paper No. 2015/7

13 Pages Posted: 21 Mar 2015 Last revised: 27 Mar 2015

See all articles by Katherine Biber

Katherine Biber

University of Technology Sydney, Faculty of Law

Trish Luker

University of Technology Sydney, Faculty of Law

Date Written: October 6, 2014

Abstract

This essay engages with contemporary uses and considerations of the archive in interdisciplinary law and humanities scholarship, introducing the contributions the authors have selected to include in a special issue of the Australian Feminist Law Journal. Thinking of legal archives as both material and conceptual, it raises questions about researchers’ ethical, aesthetic and emotional relations with their sources. The authors identify some of the ways the archive is conceived in contemporary humanities scholarship and draw connections with material and conceptual approaches to law’s archive. In some contributions, legal sources are treated as a literal archive, raising questions about access, use and interpretation of archival materials. Other contributions engage with contemporary theoretical approaches to thinking archivally, involving processes of questioning, abstracting, and counter-archival imaginings.

Keywords: archives, law, evidence

Suggested Citation

Biber, Katherine and Luker, Trish, Evidence and the Archive: Ethics, Aesthetics, and Emotion (October 6, 2014). Australian Feminist Law Journal 40(1) 2014; UTS: Law Research Paper No. 2015/7. Available at SSRN: https://ssrn.com/abstract=2581286

Katherine Biber

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Trish Luker (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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