The entry point for my response to Bryan Cheyette’s thought-provoking essay on the difficulties of bringing together Jewish studies and postcolonial studies is a discussion of a recent national controversy in South Africa that, at first glance, seems to endorse Cheyette’s cautionary tale about how “actionism” tends to negate nuance and critical engagement. The response draws on this controversy to make some tentative observations about why Cheyette’s argument does not adequately acknowledge the consequences of the profound political, ideological, and economic transformations of post–World War II Jewry.

Global social indicators have become a core point of interest of scholarship in law and other social sciences. The term ‘legitimacy’ is occasionally mentioned in this literature but without in-depth discussion. This paper aims to fill this gap by way of exploring the relationship between global social indicators and the concept of legitimacy. The crucial issue of such indicators is that, being drafted in a general fashion and based on a quantitative metric, they can be regarded as somehow ‘law-like’, thus raising questions about their legitimacy. This paper addresses these issues at both the general level of social theory and the operation of indicators in action.

This article discusses the development of techniques and practices of murder crime scene photography through four pairs of photographs taken in England between 1904 and 1958 and examines their “forensic aesthetic”: the visual combination of objective clues and of subjective aesthetic resonances. Crime scene photographs had legal status as evidence that had to be substantiated by a witness, and their purpose, as expressed in forensic textbooks and policing articles, was to provide a direct transfer of facts to the courtroom; yet their inferential visual nature made them allusive and evocative as well. Each of four pairs of photographs discussed reflects a significant period in the historical evolution of crime scene photography as well as an observable aesthetic influence: the earliest days of police photography and pictorialism; professionalization in the 1930s, documentary photography, and film noir; postwar photographic expansion to the suburban and middle class, advertising images of the family and home; and postwar elegiac landscape photography in the 1950s and compassion shown to infanticidal mothers. Crime scene photographs also demonstrate a remarkable shift in twentieth-century forensic technologies, and they reveal a collection of ordinary domestic and pastoral scenes at the moment when an act of violence made them extraordinary.

Managerial devices are rapidly developing as a means for driving the legal performance of organisations, including those of states and corporations. This paper explores the managerial rationality underpinning global legal indicators, and the constraints they convey on institutional behaviour. In particular, it argues that indicators are better understood as part of a system of management control and distributed governance, which is steadily eroding state-centred forms of authority, including state law. In this context, legitimacy and reactivity are contingent to their cycle of production and implementation, which is fourfold: data-collecting, benchmarking, auditing and allocating incentives. Each process is meant to generate respectively subjectification, self-knowledge by comparison, accountability and stimulus for action. Indicators with higher degrees of legitimacy become entrenched in institutional practices and legal decision-making processes. The paper concludes that regulatory spaces where indicators unfold need critical and political scrutiny to expose their pernicious effects, undesirable uses and inevitable misuses.