Foucault and Law

Foucault and 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.

Author: Peter Fitzpatrick

Publisher:

ISBN: 1315094029

Category: Electronic books

Page: 566

View: 836

"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."--Provided by publisher.
Categories: Electronic books

Foucault and Law

Foucault and Law

The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

Author: Alan Hunt

Publisher: Pluto Press

ISBN: 0745308422

Category: Law

Page: 148

View: 632

The first work to introduce Foucault's ideas on law to both graduates and undergraduates.
Categories: Law

Re reading Foucault

Re reading Foucault

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.

Author: Ben Golder

Publisher: Routledge

ISBN: 9780415673532

Category: Law

Page: 254

View: 284

Re-reading Foucault: On Law, Power and Rights is the first collection in English fully to address the relevance of Michel Foucault's thought for law. Foucault is the best known and most cited of the late twentieth-century's 'theory' academics. His work continues to animate a range of different critical work across intellectual disciplines in the arts, humanities and social sciences. There has, however, been relatively little examination of the legal implications and applications of Foucault's work. This book fills that gap, providing an in-depth analysis of Foucault's thought as it pertains to a range of different legal themes, such as: the opposition between 'law' and 'the juridical'; the problem of moral and legal judgment; the historical basis of rights; and the political dimensions (and limitations) of contemporary human rights discourse. Including contributions from acknowledged experts on Foucault's work, as well as pieces by younger scholars, Re-reading Foucault: On Law, Power and Rights will be of considerable interest across a range of disciplines, including law, philosophy, political theory, sociology, social theory and criminology.
Categories: Law

Re reading Foucault On Law Power and Rights

Re reading Foucault  On Law  Power and Rights

This book fills that gap, providing an in-depth analysis of Foucault’s thought as it pertains to the crucial questions of law, government and rights.

Author: Ben Golder

Publisher: Routledge

ISBN: 9781136207952

Category: Law

Page: 264

View: 278

Law, Rights and Power: Re-Reading Foucault is the first collection in English to fully address the relevance of Foucault’s thought for law. Michel Foucault is the best known and most cited of the late twentieth-century’s ‘theory’ academics. His work continues to animate a range of different critical work across intellectual disciplines in the arts, humanities and social sciences. There has, however, been relatively little examination of the legal implications and applications of Foucault’s work. This book fills that gap, providing an in-depth analysis of Foucault’s thought as it pertains to the crucial questions of law, government and rights. This collection engages with key legal themes as they emerge, both in Foucault’s work and in the contemporary scholarship that surrounds it. These include: the opposition between ‘law’ and ‘the juridical’; legal ways of organising and processing knowledge; sovereignty; punishment; bio-politics and governmentality; security; resistance; and, judgment. Including contributions from acknowledged experts on Foucault’s work, as well as pieces by younger scholars, Law, Rights and Power: Re-Reading Foucault will be of considerable interest across a range of disciplines, including law, sociology, criminology, international relations, political theory, and philosophy.
Categories: Law

Foucault s Law

Foucault s Law

Foucault’s Law is the first book in almost fifteen years to address the question of Foucault’s position on law.

Author: Ben Golder

Publisher: Routledge

ISBN: 9781134096299

Category: Law

Page: 160

View: 909

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.
Categories: Law

Foucault s Monsters and the Challenge of Law

Foucault s Monsters and the Challenge of Law

But, although Foucault’s theoretical framework for understanding the monster is affirmed here, this book's study of an English legal history of the category ‘monster’ challenges some of Foucault’s historical claims.

Author: Alex Sharpe

Publisher: Routledge

ISBN: 9781135182656

Category: Law

Page: 184

View: 907

In contrast to other figures generated within social theory for thinking about outsiders, such as Rene Girard’s ‘scapegoat’ and Zygmunt Bauman’s ‘stranger’, Foucault’s Monsters and the Challenge of Law suggests that the figure of ‘the monster’ offers greater analytical precision and explanatory power in relation to understanding the processes whereby outsiders are constituted. The book draws on Michel Foucault’s theoretical and historical treatment of the category of the monster, in which the monster is regarded as the effect of a double breach: of law and nature. For Foucault, the monster does not simply refer to a particular kind of morphological or psychological irregularity; for the body or psyche in question must also pose a threat to the categorical structure of law. In chronological terms, Foucault moves from a preoccupation with the bestial human in the Middle Ages to a concern over Siamese or conjoined twins in the Renaissance period, and ultimately to a focus on the hermaphrodite in the Classical Age. But, although Foucault’s theoretical framework for understanding the monster is affirmed here, this book's study of an English legal history of the category ‘monster’ challenges some of Foucault’s historical claims. In addition to considering this legal history, the book also addresses the contemporary relevance of Foucault’s theoretical framework. Structured around Foucault’s archetypes and the category crises they represent – admixed embryos, conjoined twins and transsexuals – the book analyses their challenge to current distinctions between human and animal, male and female, and the idea of the ‘proper’ legal subject as a single embodied mind. These contemporary figures, like the monsters of old, are shown to threaten the rigidity and binary structure of a law that still struggles to accommodate them.
Categories: Law

Foucault and Law

Foucault and Law

Author: Alan Hunt

Publisher:

ISBN: 0745307698

Category: Sociological jurisprudence

Page: 148

View: 804

Categories: Sociological jurisprudence

Michel Foucault

Michel Foucault

This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology.

Author: Mariana Valverde

Publisher: Routledge

ISBN: 9781317220176

Category: Social Science

Page: 190

View: 920

This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault’s work to criminology and law. Mariana Valverde clearly explains the insights that Foucault’s rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.
Categories: Social Science

Interrogating Incest

Interrogating Incest

Yet, important as this is, there has been little account of how feminist work itself relates to other ways of talking about and understanding incest.

Author: Vikki Bell

Publisher: Routledge

ISBN: 9781134896523

Category: Social Science

Page: 240

View: 163

Winner of British Sociological Association Philip Abrams Memorial Prize 1993 Within feminism incest has often been subsumed under a discussion of sexual violence and abuse. Yet, important as this is, there has been little account of how feminist work itself relates to other ways of talking about and understanding incest. In Interrogating Incest Vikki Bell focuses on the issue of incest and its place in sociological theory, feminist theory and criminal law. By examining incest from a critical Foucauldian framework she considers how feminist discourse on incest itself fits into existing ways of talking about sex. Closely surveying the historical background to incest legislation and the theoretical issues involve, Vikki Bell delineates their practical implications and shows what uncomfortable questions and important dilemmas are raised by the criminalisation of incest.
Categories: Social Science

Rethinking Law Society and Governance

Rethinking Law  Society and Governance

The product of a workshop held at the International Institute for the Sociology of Law in Onati, Spain, the nine chapters collected here re- examine the idea of governmentality--most often associated with the work of Michel Foucault--to ...

Author: Gary Wickham

Publisher: Hart Publishing

ISBN: 9781841132938

Category: Law

Page: 176

View: 760

This set of essays engages with Foucault's notion of governmentality, particularly at the junction where law/regulation meets 'the social'.
Categories: Law

Foucauldian Interpretation of Modern Law

Foucauldian Interpretation of Modern Law

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power?

Author: Martire Jacopo Martire

Publisher: Edinburgh University Press

ISBN: 9781474411936

Category: Philosophy

Page: 248

View: 720

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.
Categories: Philosophy

Penal Theories and Institutions

Penal Theories and Institutions

The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to ...

Author: Michel Foucault

Publisher: Springer Nature

ISBN: 9783319992921

Category: Philosophy

Page: 322

View: 339

“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates (even if they had to be simple mediators or arbitrators). What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish (1975) and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt (1639-1640) and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures (Lectures on the Will to Know) and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France (the first volume of which was published in 1997).
Categories: Philosophy

Jurisprudence Lawcards 5 e

Jurisprudence Lawcards 5 e

The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Routledge-Cavendish Lawcards are now supported by a Companion Website at www.routledge.com/textbooks/xxx

Author: Routledge,

Publisher: Routledge

ISBN: 9781135243418

Category: Law

Page: 184

View: 792

Routledge-Cavendish Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge-Cavendish Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge-Cavendish Lawcards are now packed with even more features: New revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out New tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams More diagrams and flowcharts clarify and condense complex and important topics "...these spiral-bound beauties...are an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Routledge-Cavendish Lawcards are now supported by a Companion Website at www.routledge.com/textbooks/xxx
Categories: Law

An Introduction to Law and Social Theory

An Introduction to Law and Social Theory

This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions.

Author: Reza Banakar

Publisher: Hart Publishing

ISBN: STANFORD:36105060710337

Category: Law

Page: 367

View: 958

Although most law schools recognise the value of introducing students to a broader sociological perspective on law, this usually falls short of a full engagement with sociology as an academic discipline. This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, structural functionalism and systems theory, critical approaches, interpretive approaches, postmodernism, and pluralism and globalisation, and a conclusion that discusses the relationship between law and sociology. Each of the chapters is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. CONTENTS: Introduction (Reza Banakar and Max Travers) 1. CLASSICAL SOCIOLOGY AND LAW: The Problematization of Law in Classical Social Theory (Alan Hunt); Sociological Jurisprudence (Reza Banakar) 2. STRUCTURAL FUNCTIONALISM AND SYSTEMS THEORY: The Thick Description of Law: An Introduction to Niklas Luhmann's Theory (Klaus A. Ziegert); Jurgen Habermas and the Sociology of Law (Bo Carlsson) 3. CRITICAL APPROACHES: Marxism and the Social Theory of Law (Robert Fine); Sharing the Paradigms? CLS and the Sociology of Law (Jiri Priban), Feminist Legal Theory (Ruth Fletcher); A Race and Gendered Organisational Logic in Law Firms (Jennifer Pierce); Putting Gender and Sexuality on the Agenda (Nico J Beger); The Power of the Legal Field (Mikael R. Madsen and Yves Dezalay) 4. INTERPRETIVE APPROACHES: Symbolic Interactionism and Law (Max Travers); Ethnomethodology and Law (Robert Dingwall) 5. POSTMODERNISM: Foucault and Law (Gary Wickham); Postmodernism and Common Law (Shaun McVeigh) 6. LEGAL PLURALISM (Anne Griffiths); Globalistion and Law (John Flood); Comparative Sociology of Law (David Nelken) CONCLUSIONS: Law and Sociology (Reza Banakar and Max Travers).
Categories: Law

A Foucauldian Approach to International Law

A Foucauldian Approach to International Law

Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book.

Author: Leonard M. Hammer

Publisher: Routledge

ISBN: 9781317188209

Category: Law

Page: 162

View: 502

Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.
Categories: Law

Understanding Law and Society

Understanding Law and Society

The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a ...

Author: Max Travers

Publisher: Routledge

ISBN: 9781135248451

Category: Law

Page: 240

View: 418

This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.
Categories: Law

Foucault and Law

Foucault and Law

What we want to show is that, for Foucault, law was never (and nor could it ever be) only a unitary and determinate entity, a monolithic category.

Author: Peter Fitzpatrick

Publisher: Routledge

ISBN: 9781351566865

Category: Law

Page: 566

View: 615

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.
Categories: Law

Foucault s Politics of Philosophy

Foucault s Politics of Philosophy

Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his ...

Author: Sandro Chignola

Publisher: Taylor & Francis

ISBN: 9781351724142

Category: Law

Page: 144

View: 342

Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault’s work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault’s "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is – drawing on an ethics of intellectual responsibility that is Weberian in origin – an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a ‘politics of philosophy’ implies that Foucault’s research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.
Categories: Law

Before the Law

Before the Law

Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics.

Author: Cary Wolfe

Publisher: University of Chicago Press

ISBN: 9780226922409

Category: Literary Criticism

Page: 143

View: 552

Animal studies and biopolitics are two of the most dynamic areas of interdisciplinary scholarship, but until now, they have had little to say to each other. Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics. Wolfe argues that the human-animal distinction must be supplemented with the central distinction of biopolitics: the difference between those animals that are members of a community and those that are deemed killable but not murderable. From this understanding, we can begin to make sense of the fact that this distinction prevails within both the human and animal domains and address such difficult issues as why we afford some animals unprecedented levels of care and recognition while subjecting others to unparalleled forms of brutality and exploitation. Engaging with many major figures in biopolitical thought—from Heidegger, Arendt, and Foucault to Agamben, Esposito, and Derrida—Wolfe explores how biopolitics can help us understand both the ethical and political dimensions of the current questions surrounding the rights of animals.
Categories: Literary Criticism