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Re Reading Foucault On Law Power And Rights
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Download or read book Re-reading Foucault written by Ben Golder and published by Routledge. This book was released on 2013 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a collection which fully addresses the relevance of Foucault's thought for law. The book provides an in-depth analysis of Foucault's thought as it pertains to the crucial questions of law, government and rights.
Book Synopsis Foucault and the Politics of Rights by : Ben Golder
Download or read book Foucault and the Politics of Rights written by Ben Golder and published by Stanford University Press. This book was released on 2015-10-07 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to this puzzle, which is that Foucault approaches rights in a spirit of creative and critical appropriation. He uses rights strategically for a range of political purposes that cannot be reduced to a simple endorsement of political liberalism. Golder develops this interpretation of Foucault's work while analyzing its shortcomings and relating it to the approaches taken by a series of current thinkers also engaged in considering the place of rights in contemporary politics, including Wendy Brown, Judith Butler, and Jacques Rancière.
Book Synopsis The 'Ecosystem Approach' in International Environmental Law by : Vito De Lucia
Download or read book The 'Ecosystem Approach' in International Environmental Law written by Vito De Lucia and published by Routledge. This book was released on 2019-03-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
Book Synopsis Research Methods for International Human Rights Law by : Damian Gonzalez-Salzberg
Download or read book Research Methods for International Human Rights Law written by Damian Gonzalez-Salzberg and published by Routledge. This book was released on 2019-06-13 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
Book Synopsis Risk, Power and the State by : Magnus Hörnqvist
Download or read book Risk, Power and the State written by Magnus Hörnqvist and published by Routledge. This book was released on 2010-02-25 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk, Power and the State addresses how power is exercised in and by contemporary state organisations. Through a detailed analysis of programmatic attempts to shape behaviour linked to considerations of risk, this book pursues the argument that, whilst Foucault is useful for understanding power, the Foucauldian tradition – with its strands of discourse analysis, of governmentality studies, or of radical Deleuzian critique – suffers from a lack of clarification on key conceptual issues. Oriented around four case studies, the architecture of the book devolves upon the distinction between productive and repressive power. The first two studies focus on productive power: the management of long-term unemployment in the public employment service and cognitive-behavioural interventions in the prison service. Two further studies concern repressive interventions: the conditions of incarceration in the prison service and the activity of the customs service. These studies reveal that power, as conceptualised within the Foucauldian tradition, must be modified. A more complex notion of productive power is needed, which covers interventions that appeal to desires, and which govern both at a distance and at close range. Additionally, the simplistic paradigm of repressive power is called into question by the need to consider the organising role of norms and techniques that circumvent agency. Finally, it is argued, Foucault's concept of strategies – which accounts for the thick web of administrative directives, organisational routines, and techniques that simultaneously shape the behaviour of targeted individuals and members of the organisation – requires an organisational dimension that is often neglected in the Foucauldian tradition.
Book Synopsis Governmentality in EU External Trade and Environment Policy by : Jessica Lawrence
Download or read book Governmentality in EU External Trade and Environment Policy written by Jessica Lawrence and published by Routledge. This book was released on 2018-02-07 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governmentality and EU External Trade and Environment Policy applies theories drawn from Foucauldian governmentality studies to investigate the ideological and political roots of the European Union (EU)’s external trade and environmental policy and their effects on the transnational legal landscape. The EU’s desire to spread environmental norms abroad is viewed in the book as a significant feature of contemporary EU trade policy. The EU’s activities in this area have not been uncontroversial for other transnational legal actors. States, individuals, and organizations have challenged the EU’s various trade and environment policies, arguing that they are coercive, unfair, over-reaching, or inefficient. Meanwhile, these policies have also raised a number of questions from the perspective of legality and political theory. This book considers what the practice of EU external trade and environment policy, and international resistance to it, tells us about the way the EU perceives the role and limits of transnational government, the means and ends of politics, and the drivers of human and institutional behavior. Jessica Lawrence examines the legal and political discourse of the EU and those affected by its policies. By studying legal cases, statements by officials, legislative texts, press releases, and other representative documents the book identifies the rationalities, technologies, and subjectivities that underlie contemporary EU activity in this area. The overall effect paints a more complicated and nuanced picture of the EU’s vision of itself and its goals; one that ultimately seeks to provide a better understanding of the functioning of power in this area.
Download or read book Foucault's Law written by Ben Golder and published by Routledge. This book was released on 2009-02-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foucault’s Law is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. Foucault’s Law is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally.
Book Synopsis Discipline and Punish by : Michel Foucault
Download or read book Discipline and Punish written by Michel Foucault and published by Vintage. This book was released on 2012-04-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Book Synopsis Governing (Through) Rights by : Bal Sokhi-Bulley
Download or read book Governing (Through) Rights written by Bal Sokhi-Bulley and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques – hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.
Book Synopsis Foucault and Law by : Peter Fitzpatrick
Download or read book Foucault and Law written by Peter Fitzpatrick and published by Routledge. This book was released on 2017-07-05 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few thinkers can have had a more diverse or a more contested impact on theorizing law than Michel Foucault. This diversity is reflected in the wide range of Foucault's work and of the intellectual fields it has so conspicuously influenced. Such diversity informs the present collection and is signalled in the headings of its four sections: ? Epistemologies: archaeology, discourse, Orientalism ? Political philosophy: discipline, governmentality and the genealogy of law ? Embodiment, difference, sexuality and the law ? The subject of rights and ethics. Whilst the published work selected for this collection amply accommodates this diversity, it also draws together strands in Foucault's work that coalesce in seemingly conflicting theories of law. Yet the editors are also committed to showing how that very conflict goes to constitute for Foucault an integral and radical theory of law. This theory ranges not just beyond the restrained and diminished conceptions of law usually derived from Foucault, but also beyond the characteristic concern in Jurisprudence and Legal Philosophy to constitute law in its difference and separation from other socio-political forms.
Book Synopsis Law, Immunization and the Right to Die by : Jennifer Hardes
Download or read book Law, Immunization and the Right to Die written by Jennifer Hardes and published by Routledge. This book was released on 2016-03-10 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions why the law fails to recognize what many describe as "compassionate motives" for assisted death. When cases are analyzed as discourses that are part of a larger socio-political logic of governance, judicial decisions, it is argued here, reveal themselves as relying on the construction of neoliberal fictions – fictions that are here elucidated with reference to Michel Foucault’s theoretical insights on pastoral power and Roberto Esposito’s philosophical thesis on immunization. Challenging the socio-political logic of neoliberalism, the issue of assisted dying goes beyond the predominant legal concern with protecting – or immunizing – individuals from one another, in favor of minimal interference. This book calls for a new kind of politics: one that might affirm people and their finitude both more collectively, and more compassionately.
Book Synopsis States of Exception by : Costas Douzinas
Download or read book States of Exception written by Costas Douzinas and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.
Book Synopsis Diaspora, Law and Literature by : Klaus Stierstorfer
Download or read book Diaspora, Law and Literature written by Klaus Stierstorfer and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-11-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The well-known challenges of international migration have triggered new departures in academic approaches, with 'diaspora studies' evolving as an interdisciplinary and even transdisciplinary field of study. Its emerging methodology shares concerns with another interdisciplinary field, the study of the relations between law and literature, which focuses on the ways in which the two cultural practices of law and literature mutually negotiate each other and on the question after the ontological commensurability of the domains. This volume offers, for the first time, an attempt to provide an interface between these overlapping interdisciplinary endeavours of literary studies, legal studies, and diaspora studies. In doing so, it explores new approaches and invites new perspectives on diasporas, migration and the disciplines that study them, hopefull also adding to the cultural resources of coping with a swiftly changing social landscape in a globalizing world.
Book Synopsis Articulating Security by : Isobel Roele
Download or read book Articulating Security written by Isobel Roele and published by Cambridge University Press. This book was released on 2022-03-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how the United Nations' management of counter-terrorism stifles the law's ability to speak against the injustices of collective security.
Book Synopsis Critical theory and human rights by : David McGrogan
Download or read book Critical theory and human rights written by David McGrogan and published by Manchester University Press. This book was released on 2021-05-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.
Book Synopsis The Politics of European Legal Research by : Bartl, Marija
Download or read book The Politics of European Legal Research written by Bartl, Marija and published by Edward Elgar Publishing. This book was released on 2022-04-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Book Synopsis Syriza in Power by : Costas Douzinas
Download or read book Syriza in Power written by Costas Douzinas and published by John Wiley & Sons. This book was released on 2017-08-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid the turmoil of economic crisis, Greece has become the first European experiment of left rule in a sea of neoliberalism. What happens when a government of the Left, committed to social justice and the reversal of austerity, is blackmailed into following policies it has fought against and strongly opposes? What can the experience of the Syriza government tell us about the prospects for the Left in the twenty-first century? In this engaging and provocative book, Costas Douzinas uses his position as an 'accidental politician', unexpectedly propelled from academia into the world of Greek politics as a Syriza MP, to answer these urgent questions. He examines the challenges facing Syriza since its ascent to power in 2015 and draws out the theoretical and political lessons from one of the boldest and most difficult experiments in governing from the Left in an age of neoliberalism and austerity.
