Foucault s Monsters and the Challenge of Law

Author: Alex Neville Sharpe
Publisher: Routledge
ISBN: 1135182647
Format: PDF, ePub
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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.

Foucault s Monsters and the Challenge of Law

Author: Alex Neville Sharpe
Publisher: Routledge
ISBN: 020386283X
Format: PDF
Download Now
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.

Marginal Bodies Trans Utopias

Author: Caterina Nirta
Publisher: Routledge
ISBN: 1315406527
Format: PDF, Mobi
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Although over the last two decades there has been a proliferation of gender studies, transgender has largely remained institutionalised as an ‘umbrella term’ that encapsulates all forms of gender understandings differing from what are thought to be gender norms. In both theoretical and medical literature, trans identity has been framed within a paradigm of awkwardness or discomfort, self-dislike or dysfunctional mental health. Marginal Bodies, Trans Utopias is a multidisciplinary book that draws primarily from Deleuze and post-structuralism in order to reformulate the concept of utopia and ground it in the materiality of the present. Through a radically new conceptualisation of the time and space of utopia, it analyses empirical findings from trans video diaries on the Internet belonging to transgender individuals. In doing so, this volume offers new insights into the everyday challenges faced by these subjectivities, with case studies focusing on: the legal/social impact of the UK’s Gender Recognition Act 2004, boundaries of public and private as evidenced within public toilets, and the narrative of the ‘wrong body’. Contextualising and applying Deleuzian concepts such as ‘difference’ and ‘marginal’ to the context of the research, Nirta helps the reader to understand trans as ‘unity’ rather than as a ‘mind-body mismatch’. Contributing to the reading and understanding of trans lived experience, this book shall be of interest to postgraduates and postdoctoral researchers interested in fields such as Transgender Studies, Critical Studies, Sociology of Gender and Philosophy of Time.

Routledge Handbook of Law and Theory

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1317352998
Format: PDF
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This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: • Spatiotemporal • Sense • Body • Text • Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity.

Envisioning Legality

Author: Timothy Peters
Publisher: Routledge
ISBN: 1317301595
Format: PDF, Docs
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Envisioning Legality: Law, Culture and Representation is a path-breaking collection of some of the world’s leading cultural legal scholars addressing issues of law, representation and the image. Law is constituted in and through the representations that hold us in their thrall, and this book focuses on the ways in which cultural legal representations not only reflect or contribute to an understanding of law, but constitute the very fabric of legality itself. As such, each of these ‘readings’ of cultural texts takes seriously the cultural as a mode of envisioning, constituting and critiquing the law. And the theoretically sophisticated approaches utilised here encompass more than simply an engagement with ‘harmless entertainment’. Rather they enact and undertake specific political and critical engagements with timely issues, such as: the redressing of past wrongs, recognising and combatting structural injustices, and orienting our political communities in relation to uncertain futures. Envisioning Legality thereby presents a cultural legal studies that provides the means for engaging in robust, sustained and in-depth encounters with the nature and role of law in a global, mediated world.

The Structures of the Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191630233
Format: PDF, ePub, Docs
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Criminalization is a new series arising from an interdisciplinary investigation into the issue of criminalization, focussing on the principles and goals that should guide decisions about what kinds of conduct are to be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the six volumes will tackle the key questions at the heart of issue: By reference to what principles and goals should legislations decide what to criminalize? How should criminal wrongs be classified and differentiated? And how should law enforcement officials apply the law's specification of offences? The second volume in the series concerns itself with the structures of criminal law in three different senses. The first examines the internal structure of the criminal law itself and the questions posed by familiar distinctions between which offences are typically analysed. These questions of classification include discussion of the growing range of crimes and the problems posed by this broadening of definition. Should traditional ideas and conceptions of the criminal law be reshaped in light of recent developments or should these developments be criticized and refuted? Structures of criminal law also refer to the place of the criminal law within the larger structure of the law. Here the book examines the relationships with and between the criminal law and other aspects of law, particularly private law and public law. It also looks at how the criminal law is made, and by whom. Finally the third sense of structure is outlined - the relationships between legal structures and social and political structures. What place does the criminal law have within the existing political and social landscapes? What are the influences, both political and social, upon the criminal law, and should they be allowed to influence the law in this fashion? What is its proper role? Focussing not only on the questions about the criminal law's proper scope, but also on crucial questions about how crimes should be structured, defined, and classified, this book provides a deeper understanding of criminalization.

At the Limits of Justice

Author: Suvendrini Perera
Publisher: University of Toronto Press
ISBN: 1442616466
Format: PDF, ePub, Mobi
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The fear and violence that followed the events of September 11, 2001 touched lives all around the world, even in places that few would immediately associate with the global war on terror. In At the Limits of Justice, twenty-nine contributors from six countries explore the proximity of terror in their own lives and in places ranging from Canada and the United States to Jamaica, Palestine/Israel, Australia, Guyana, Chile, Pakistan, and across the African continent. In this collection, female scholars of colour – including leading theorists on issues of indigeneity, race, and feminism – examine the political, social, and personal repercussions of the war on terror through contributions that range from testimony and poetry to scholarly analysis. Inspired by both the personal and the global impact of this violence within the war on terror, they expose the way in which the war on terror is presented as a distant and foreign issue at the same time that it is deeply present in the lives of women and others all around the world. An impassioned but rigorous examination of issues of race and gender in contemporary politics, At the Limits of Justice is also a call to create moral communities which will find terror and violence unacceptable.

Law and Gender in Modern Ireland

Author: Lynsey Black
Publisher: Bloomsbury Publishing
ISBN: 1509917225
Format: PDF, ePub, Mobi
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Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.

Multikulturalismus queer gelesen

Author: Sabine Strasser
Publisher: Campus Verlag
ISBN: 3593391724
Format: PDF, ePub
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In den letzten Jahren ist Multikulturalismus als Theorie und Politik der Anerkennung von Gruppenrechten unter Druck geraten. Verantwortlich dafür ist auch eine zunehmende Wahrnehmung problematischer Praktiken ethnischer und religiöser Gruppen, wie etwa der Zwangsheirat. Sexuelle Kontrolle findet sich aber nicht nur hier, sondern zeigt sich auch im Ausschluss gleichgeschlechtlicher Paare von der Ehe. Die Autorinnen und Autoren untersuchen diese Problematiken aus juristischer wie aus sozialanthropologischer Perspektive für Österreich, Großbritannien und die Türkei und zeigen die Notwendigkeit auf, die Debatten um kulturelle Unterschiede, Geschlechtergleichheit und sexuelle Autonomie zusammenzuführen.