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Foucauldian Interpretation of Modern Law by Jacopo Martire Pdf
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.
A Foucauldian Interpretation of Modern Law by Jacopo Martire Pdf
Michel Foucault (1926-84) was a French philosopher, social theorist and political thinker. 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 --Source other than the Library of Congress.
Foucault and the Politics of Rights by Ben Golder Pdf
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.
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.
Law, Migration, and Human Mobility by Magdalena Kmak Pdf
This book analyses the multifaceted ways law operates in the context of human mobility, as well as the ways in which human mobility affects law. Migration law is conventionally understood as a tool to regulate human movement across borders, and to define the rights and limits related to this movement. But drawing upon the emergence and development of the discipline of mobility studies, this book pushes the idea of migration law towards a more general concept of mobility that encompass the various processes, effects, and consequences of movement in a globalized world. In this respect, the book pursues a shift in perspective on how law is understood. Drawing on the concepts of ‘kinology’ and ‘kinopolitics’ developed by Thomas Nail as well as ‘mobility justice’ developed by Mimi Sheller, the book considers movement and motion as a constructive force behind political and social systems; and hence stability that needs to be explained and justified. Tracing the processes through which static forms, such as state, citizenship, or border, are constructed and how they partake in production of differential mobility, the book challenges the conventional understanding of migration law. More specifically, and in revealing its contingent and unstable nature, the book reveals how human mobility is itself constitutive of law. This interdisciplinary book will appeal to those working in the areas of migration and refugee law, citizenship studies, mobility studies, legal theory, and sociolegal studies.
From Dissonance to Sense by Thomas Wilhelmsson,Samuli Hurri Pdf
First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.
When one defines "order" as a sorting of priorities, it becomes beautifully clear as to what Foucault is doing here. With virtuoso showmanship, he weaves an intensely complex history of thought. He dips into literature, art, economics and even biology in The Order of Things, possibly one of the most significant, yet most overlooked, works of the twentieth century. Eclipsed by his later work on power and discourse, nonetheless it was The Order of Things that established Foucault's reputation as an intellectual giant. Pirouetting around the outer edge of language, Foucault unsettles the surface of literary writing. In describing the limitations of our usual taxonomies, he opens the door onto a whole new system of thought, one ripe with what he calls "exotic charm". Intellectual pyrotechnics from the master of critical thinking, this book is crucial reading for those who wish to gain insight into that odd beast called Postmodernism, and a must for any fan of Foucault.
The Cambridge Foucault Lexicon by Leonard Lawlor,John Nale Pdf
The Cambridge Foucault Lexicon is a reference tool that provides clear and incisive definitions and descriptions of all of Foucault's major terms and influences, including history, knowledge, language, philosophy, and power. It also includes entries on philosophers about whom Foucault wrote and who influenced Foucault's thinking, such as Deleuze, Heidegger, Nietzsche, and Canguilhem. The entries are written by scholars of Foucault from a variety of disciplines such as philosophy, gender studies, political science, and history. Together, they shed light on concepts key to Foucault and to ongoing discussions of his work today.
Michel Foucault has become famous for a series of books that have permanently altered our understanding of many institutions of Western society. He analyzed mental institutions in the remarkable Madness and Civilization; hospitals in The Birth of the Clinic; prisons in Discipline and Punish; and schools and families in The History of Sexuality. But the general reader as well as the specialist is apt to miss the consistent purposes that lay behind these difficult individual studies, thus losing sight of the broad social vision and political aims that unified them. Now, in this superb set of essays and interviews, Foucault has provided a much-needed guide to Foucault. These pieces, ranging over the entire spectrum of his concerns, enabled Foucault, in his most intimate and accessible voice, to interpret the conclusions of his research in each area and to demonstrate the contribution of each to the magnificent -- and terrifying -- portrait of society that he was patiently compiling. For, as Foucault shows, what he was always describing was the nature of power in society; not the conventional treatment of power that concentrates on powerful individuals and repressive institutions, but the much more pervasive and insidious mechanisms by which power "reaches into the very grain of individuals, touches their bodies and inserts itself into their actions and attitudes, their discourses, learning processes and everyday lives" Foucault's investigations of prisons, schools, barracks, hospitals, factories, cities, lodgings, families, and other organized forms of social life are each a segment of one of the most astonishing intellectual enterprises of all time -- and, as this book proves, one which possesses profound implications for understanding the social control of our bodies and our minds.
In Foucault’s Discipline, John S. Ransom extracts a distinctive vision of the political world—and oppositional possibilities within it—from the welter of disparate topics and projects Michel Foucault pursued over his lifetime. Uniquely, Ransom presents Foucault as a political theorist in the tradition of Weber and Nietzsche, and specifically examines Foucault’s work in relation to the political tradition of liberalism and the Frankfurt School. By concentrating primarily on Discipline and Punish and the later Foucauldian texts, Ransom provides a fresh interpretation of this controversial philosopher’s perspectives on concepts such as freedom, right, truth, and power. Foucault’s Discipline demonstrates how Foucault’s valorization of descriptive critique over prescriptive plans of action can be applied to the decisively altered political landscape of the end of this millennium. By reconstructing the philosopher’s arguments concerning the significance of disciplinary institutions, biopower, subjectivity, and forms of resistance in modern society, Ransom shows how Foucault has provided a different way of looking at and responding to contemporary models of government—in short, a new depiction of the political world.
The Birth of Biopolitics by M. Foucault,Arnold I. Davidson,Graham Burchell Pdf
Foucault continues on the theme of his 1978 course by focusing on the study of liberal and neo-liberal forms of government and concentrating in particular on two forms of neo-liberalism: German post-war liberalism and the liberalism of the Chicago School.
In this important new book, Daniel Loick argues that in order to become sensible to the violence imbedded in our political routines, philosophy must question the current forms of political community – the ways in which it organizes and executes its decisions, in which it creates and interprets its laws – much more radically than before. It must become a critical theory of sovereignty and in doing so eliminate coercion from the law. The book opens with a historical reconstruction of the concept of sovereignty in Bodin, Hobbes, Rousseau, and Kant. Loick applies Adorno and Horkheimer’s notion of a ‘dialectic of Enlightenment’ to the political sphere, demonstrating that whenever humanity deemed itself progressing from chaos and despotism, it at the same time prolonged exactly the violent forms of interaction it wanted to rid itself from. He goes on to assemble critical theories of sovereignty, using Walter Benjamin’s distinction between ‘law-positing’ and ‘law-preserving’ violence as a terminological source, engaging with Marx, Arendt, Foucault, Agamben and Derrida, and adding several other dimensions of violence in order to draw a more complete picture. Finally, Loick proposes the idea of non-coercive law as a consequence of a critical theory of sovereignty. The translation of this work was funded by Geisteswissenschaften International – Translation Funding for Humanities and Social Sciences from Germany, a joint initiative of the Fritz Thyssen Foundation, the German Federal Foreign Office, the collecting society VG WORT and the Börsenverein des Deutschen Buchhandels (German Publisher & Booksellers Association)
Jurisprudence by Scott Veitch,Emilios Christodoulidis,Marco Goldoni Pdf
Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism, critical race theory, the challenges of digital technology, and the emergence of new legal subjects. Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.
