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10 - Paulina Escobar as Cause Lawyer: “Litigating” Human Rights in the Shadows of Death and the Maiden

Published online by Cambridge University Press:  08 January 2010

Ben Fleury-Steiner
Affiliation:
Criminal Justice, University of Delaware
Aaron Fichtelberg
Affiliation:
Department of Sociology and Criminal Justice, University of Delaware
Austin Sarat
Affiliation:
Amherst College, Massachusetts
Stuart Scheingold
Affiliation:
University of Washington
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Summary

“To worry or to smile, such is the choice when we are assailed by the strange; our decision depends on how familiar we are with our own ghosts.”

– Julia Kristeva, Strangers to Ourselves

“At first, it is something you simply don't talk about. Then it occurs to you that people whose houses are broken into or who are mugged in Central Park talk about it all the time. Rape is a much more serious crime. If it isn't my fault, why am I supposed to be ashamed? If I shouldn't be ashamed, if it wasn't “personal,” why look askance when I mention it?”

– Susan Estrich, Rape

“If he's innocent, then he's really fucked.”

– Paulina Escobar, Death and the Maiden

Introduction

The world of popular cinema presents the unique possibility for reimagining the world of cause lawyering. It does so especially when the film in question is a complex, emotionally powerful morality tale, such as Roman Polanski's adaptation of the celebrated Ariel Dorfman play, Death and the Maiden. Although the film superficially presents its central figure Paulina Escobar (played by Sigourney Weaver) as victim – indeed, there can be no doubt that her character has experienced profound victimization at the hands of a ruthless, patriarchal state (i.e., one that condones rape and torture) – viewing the film as metaphor for the long, hard struggle toward emancipation from a world once marked by fascist control and the taken-for-granted rape culture that sustains it, Paulina's character takes on new dimension.

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Publisher: Cambridge University Press
Print publication year: 2008

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