Henri Lefebvre

Spatial Politics, Everyday Life and the Right to the City

Author: Chris Butler,Dr. Chris Butler

Publisher: Routledge

ISBN: 0415459672

Category: Law

Page: 183

View: 8381

While certain aspects of Henri Lefebvre's writings have been examined extensively within the disciplines of geography, social theory, urban planning and cultural studies, there has been no comprehensive consideration of his work within legal studies. Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City provides the first serious analysis of the relevance and importance of this significant thinker for the study of law and state power. Introducing Lefebvre to a legal audience, this book identifies the central themes that run through his work, including his unorthodox, humanist approach to Marxist theory, his sociological and methodological contributions to the study of everyday life and his theory of the production of space. These elements of Lefebvre's thought are explored through detailed investigations of the relationships between law, legal form and processes of abstraction; the spatial dimensions of neoliberal configurations of state power; the political and aesthetic aspects of the administrative ordering of everyday life; and the 'right to the city' as the basis for asserting new forms of spatial citizenship. Chris Butler argues that Lefebvre's theoretical categories suggest a way for critical legal scholars to conceptualise law and state power as continually shaped by political struggles over the inhabitance of space. This book is a vital resource for students and researchers in law, sociology, geography and politics, and all readers interested in the application of Lefebvre's social theory to specific legal and political contexts.
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Henri Lefebvre

Spatial Politics, Everyday Life and the Right to the City

Author: Chris Butler

Publisher: Routledge

ISBN: 1134045883

Category: Law

Page: 200

View: 7888

While certain aspects of Henri Lefebvre’s writings have been examined extensively within the disciplines of geography, social theory, urban planning and cultural studies, there has been no comprehensive consideration of his work within legal studies. Henri Lefebvre: Spatial Politics, Everyday Life and the Right to the City provides the first serious analysis of the relevance and importance of this significant thinker for the study of law and state power. Introducing Lefebvre to a legal audience, this book identifies the central themes that run through his work, including his unorthodox, humanist approach to Marxist theory, his sociological and methodological contributions to the study of everyday life and his theory of the production of space. These elements of Lefebvre’s thought are explored through detailed investigations of the relationships between law, legal form and processes of abstraction; the spatial dimensions of neoliberal configurations of state power; the political and aesthetic aspects of the administrative ordering of everyday life; and the ‘right to the city’ as the basis for asserting new forms of spatial citizenship. Chris Butler argues that Lefebvre’s theoretical categories suggest a way for critical legal scholars to conceptualise law and state power as continually shaped by political struggles over the inhabitance of space. This book is a vital resource for students and researchers in law, sociology, geography and politics, and all readers interested in the application of Lefebvre’s social theory to specific legal and political contexts.
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Henri Lefebvre

A Critical Introduction

Author: Andrew Merrifield

Publisher: Routledge

ISBN: 1135435030

Category: Architecture

Page: 240

View: 2943

Philosopher, sociologist and urban theorist, Henri Lefebvre is one of the great social theorists of the twentieth century. This accessible and innovative introduction to the work of Lefebvre combines biography and theory in a critical assessment of the dynamics of Lefebvre's character, thought, and times. Exploring key Lefebvrian concepts, Andy Merrifield demonstrates the evolution of Lefebvre's philosophy, while stressing the way his long and adventurous life of ideas and political engagement live on as an enduring and inspiring interrelated whole.
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Bruno Latour

The Normativity of Networks

Author: Kyle McGee

Publisher: Routledge

ISBN: 1317577515

Category: Law

Page: 272

View: 9605

The first extended study of Bruno Latour’s legal theory, this book presents a critical reconstruction of the whole of Latour’s oeuvre to date, from Laboratory Life to An Inquiry into the Modes of Existence. Based on the powerful insights into normative effects that actor-network theory makes possible, the book advances a new theory of legal normativity and the force of law, rethinking Latour’s work on technology, the image, and referential scientific inscriptions, among others, and placing them within the ambit of legality. The book also captures and deepens the contrast between the modern legal institution and the value of law as a mode of existence, and provides a fulsome theoretical account of legal veridiction. Throughout, Latour’s thought is put into dialogue with important progenitors and adversaries as well as historical and contemporary strands of legal and political philosophy. But the thread of legality is not confined to Latour's reflections on the making of law; rather, it cuts through the whole of his highly diverse body of work. The empire of mononaturalism augured by modern philosophies of science is thoroughly juridical; as such, the actor-network theory that promises to undo that empire by freeing the value of the sciences from its epistemological clutches is unthinkable without the device of the trial and the descriptive semiotics of normativity that sustain ANT. The democratization of the sciences and the vibrancy of ecologized politics that become possible once the bifurcation of nature into essential primary and disposable secondary qualities is disabled, and once the ‘modern Constitution’ is called into doubt, also have important legal dimensions that have gone largely unexamined. Bruno Latour: The Normativity of Networks remedies this and other omissions, evaluating Latour’s thought about law while carrying it in striking new directions. This book introduces legal scholars and students to the thought of the philosopher and sociologist Bruno Latour, whilst also presenting a critical analysis of his work in and around law. This interdisciplinary study will be of interest to those researching in Law, Philosophy, and Sociology.
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Zizek and Law

Author: Laurent de Sutter

Publisher: Routledge

ISBN: 1317624793

Category: Law

Page: 254

View: 5662

The very first book dedicated to Slavoj Zizek’s theoretical treatment of law, this book gathers widely recognized Zizek scholars as well as legal theorists to offer a sustained analysis of the place of law in Zizek’s work. Whether it is with reference to symbolic law, psychoanalytical law, religious law, positive law, human rights, to Lacan’s, Hegel’s, or Kant’s philosophies of law, or even to Jewish or Buddhist law, Zizek returns again and again to law. And what his work offers, this volume demonstrates, is a radically new approach to law, and a rethinking of its role within the framework of radical politics. With the help of Zizek himself – who here, and for the first time, directly engages with the topic of law – this collection provides an authoritative account of ‘Zizek and law’. It will be invaluable resource for researchers and students in the fields of law, legal theory, legal philosophy, political theory, psychoanalysis, theology, and cultural studies.
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Hannah Arendt

Legal Theory and the Eichmann Trial

Author: Peter Burdon

Publisher: Routledge

ISBN: 1317273532

Category: Law

Page: 160

View: 2540

Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt’s text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.
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The Dictionary of Nautical Literacy

Author: Robert McKenna

Publisher: McGraw Hill Professional

ISBN: 9780071436427

Category: Sports & Recreation

Page: 432

View: 7683

"One of those rare reference guides that is as much fun to read as it is useful. On every page this work offers fascinating testimony to the enduring importance of the sea to our culture."--Nathaniel Philbrick, author of the bestsellingIn the Heart of the Sea While the body of knowledge associated with the sea is as vast as the sea itself, there is a core of information that is indispensable to understanding maritime history and culture. This unique reference provides that knowledge. Its m ore than 3,500 entries describe the ideas, events, and individuals that have shaped our maritime language, geography, commerce, warfare, law, literature, art, film, and more.
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Novel Judgements

Legal Theory as Fiction

Author: William P. MacNeil

Publisher: Routledge

ISBN: 1134046723

Category: Fiction

Page: 256

View: 6137

Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.
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Giorgio Agamben

Power, Law and the Uses of Criticism

Author: Thanos Zartaloudis

Publisher: Routledge

ISBN: 1135166765

Category: Law

Page: 352

View: 2396

Giorgio Agamben: Power, Law and the Uses of Criticism is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism.
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Ranciere and Law

Author: Monica Lopez Lerma,Julen Etxabe

Publisher: Routledge

ISBN: 1317355482

Category: Law

Page: 210

View: 7258

This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies?through?Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and?democracy,?legal subjectivity, human rights, practices of adjudication,?refugees,?the nomos of modernity,?and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.
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Niklas Luhmann: Law, Justice, Society

Author: Andreas Philippopoulos-Mihalopoulos

Publisher: Routledge

ISBN: 1135211272

Category: Law

Page: 248

View: 5120

Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.
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Cultural Legal Studies

Law's Popular Cultures and the Metamorphosis of Law

Author: Cassandra Sharp,Marett Leiboff

Publisher: Routledge

ISBN: 1317626257

Category: Law

Page: 304

View: 4701

What can law’s popular cultures do for law, as a constitutive and interrogative critical practice?? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory.? Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.
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The Right to the City

Social Justice and the Fight for Public Space

Author: Don Mitchell

Publisher: Guilford Press

ISBN: 1462509002

Category: Science

Page: 270

View: 1007

Includes a 2014 Postscript addressing Occupy Wall Street and other developments. Efforts to secure the American city have life-or-death implications, yet demands for heightened surveillance and security throw into sharp relief timeless questions about the nature of public space, how it is to be used, and under what conditions. Blending historical and geographical analysis, this book examines the vital relationship between struggles over public space and movements for social justice in the United States. Don Mitchell explores how political dissent gains meaning and momentum--and is regulated and policed--in the real, physical spaces of the city. A series of linked cases provides in-depth analyses of early twentieth-century labor demonstrations, the Free Speech Movement and the history of People's Park in Berkeley, contemporary anti-abortion protests, and efforts to remove homeless people from urban streets.
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Adriana Cavarero

Resistance and the Voice of Law

Author: Elisabetta R. Bertolino

Publisher: Routledge

ISBN: 1351259547

Category: Law

Page: 179

View: 5899

Critical legal scholars have made us aware that law is made up not only of rules but also of language. But who speaks the language of law? And can one lawfully speak in one’s voice? For the Italian philosopher Adriana Cavarero, to answer these questions we must not separate who is speaking from the very act of speaking; moreover, we must recuperate the material singularity and relationality of the mouth that speaks. Drawing on Cavarero’s work, this book focuses on the potentiality of the voice for resisting law’s sovereign structures. For Cavarero, it is the voice that expresses one’s living and unrepeatable singularity in a way that cannot be subsumed by the universalities and standards of law. The voice is essentially a material and singular passage of air and vibration that necessarily reveals one’s uniqueness in relationality. Speaking discloses this uniqueness, and so one’s vulnerability. It therefore leads to possibilities of resistance that, here, bring a fresh approach to longstanding legal theoretical concerns with singularity, ethics and justice.
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Non-Legality in International Law

Unruly Law

Author: Fleur Johns

Publisher: Cambridge University Press

ISBN: 1107014018

Category: Law

Page: 259

View: 4574

Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.
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Jacques Derrida

Law as Absolute Hospitality

Author: Jacques De Ville

Publisher: N.A

ISBN: 9780415612791

Category: Law

Page: 220

View: 1592

Jacques Derrida: Law as Absolute Hospitalityãeepresents a comprehensive account and understanding of Derridaâe(tm)s approach to law and justice. Through a detailed reading of Derridaâe(tm)s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate âe" on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a continuity in Derridaâe(tm)s thinking, and rejects the idea of an âe~ethical turnâe(tm). Derrida is shown to be neither a postmodernist nor a political liberal, but a radical revolutionary. De Ville also controversially contends that justice in Derridaâe(tm)s thinking must be radically distinguished from Levinasâe(tm)s reflections on âe~the otherâe(tm). It is the notion of absolute hospitality - which Derrida derives from Levinas, but radically transforms - that provides the basis of this argument. Justice must on De Villeâe(tm)s reading be understood in terms of a demand of absolute hospitality which is imposed on both the individual and the collective subject. A much needed account of Derrida's influential approach to law,ãeeJacques Derrida: Law as Absolute Hospitalityãeewill be an invaluable resource for those with an interest in legal theory, and for those with an interest in the ethics and politics of deconstruction.
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Kangaroo Courts and the Rule of Law

The Legacy of Modernism

Author: Desmond Manderson

Publisher: Routledge

ISBN: 1136340467

Category: Law

Page: 224

View: 2884

Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida’s writings on law, as well as using Derrida and Bakhtin to clarify Lawrence’s experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible.
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Carl Schmitt

Law as Politics, Ideology and Strategic Myth

Author: Michael Salter

Publisher: Routledge

ISBN: 0415478502

Category: Law

Page: 299

View: 3981

There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politicseeand social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitte(tm)s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversieseeeewithin contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms ofeelegal positivism; the relativeeee~indeterminacye(tm) of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale;eethe centrality of discretion and judicial law-making eewithin the legal process;eethe important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan ee'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberaleeconstitutionalism and liberalismeemore generallyeeas an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thoughteeand debates.
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Roberto Esposito

Law, Community and the Political

Author: Peter Langford

Publisher: Routledge

ISBN: 1136005684

Category: Law

Page: 250

View: 1146

Roberto Esposito: Law, Community and the Political provides a critical legal introduction to this increasingly influential Italian theorist’s work, by focusing on Esposito’s reconceptualisation of the relationship between law, community and the political. The analysis concentrates primarily on Esposito’s Catégories de l’Impolitique, Communitas, Immunitas and Bíos, which, it is argued, are animated by an abiding concern with the position of critique in relation to the tradition of modern and contemporary legal and political philosophy. Esposito’s fundamental rethinking of these notions breaks with the existing framework of political and legal philosophy, through the critique of its underlying presuppositions. And, in the process, Esposito rethinks the very form of critique. As the first monograph-length study of Esposito in English, Roberto Esposito: Law, Community and the Political will be of considerable interest to those working in the areas of contemporary legal and political thought and philosophy.
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