Foucault s Monsters and the Challenge of Law

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

Foucault s Monsters and the Challenge of Law

Author: Andrew N. Sharpe
Publisher: Routledge Cavendish
ISBN: 0415430313
Format: PDF, ePub
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's historical account 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. These three figures, along with the later 'individual to be corrected' and 'the masturbating child,' provide a genealogy of the abnormal individual. While 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 particular, the book calls into question the precise manner in which abnormality is produced.

Foucault s Monsters and the Challenge of Law

Author: Alex Neville Sharpe
Publisher: Routledge
ISBN: 020386283X
Format: PDF, Docs
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.

Foucault s Monsters and the Challenge of Law

Author: Alex Neville Sharpe
Publisher: Routledge
ISBN: 1135182655
Format: PDF, Kindle
Download Now
This book considers the legal category 'monster' from theoretical and historical perspectives and deploys this category in order to understand contemporary anxieties surrounding transsexuals, conjoined twins and transgenic humans.

Discipline Punish

Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Format: PDF, Mobi
Download Now
In this brilliant work, the most influential philosopher since Sartre 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.

Sexual Intimacy and Gender Identity Fraud

Author: Alex Sharpe
Publisher: Routledge
ISBN: 1351384139
Format: PDF, ePub, Docs
Download Now
This book is a legal and political intervention into a contemporary debate concerning the appropriateness of sexual offence prosecutions brought against young gender non-conforming people for so-called ‘gender identity fraud'. It comes down squarely against prosecution. To that end, it offers a series of principled objections based both on liberal principles, and arguments derived from queer and feminist theories. Thus prosecution will be challenged as criminal law overreach and as a spectacular example of legal inconsistency, but also as indicative of a failure to grasp the complexity of sexual desire and its disavowal. In particular, the book will think through the concepts of consent, harm and deception and their legal application to these specific forms of intimacy. In doing so, it will reveal how cisnormativity frames the legal interpretation of each and how this serves to preclude more marginal perspectives. Beyond law, the book takes up the ethical challenge of the non-disclosure of gender history. Rather than dwelling on this omission, it argues that we ought to focus on a cisgender demand to know as the proper object of ethical inquiry. Finally, and as an act of legal and ethical re-imagination, the book offers a queer counter-judgment to R v McNally, the only case involving a gender non-conforming defendant, so far, to have come before the Court of Appeal.

Abnormal

Author: Michel Foucault
Publisher: Picador
ISBN: 1429974052
Format: PDF, ePub
Download Now
From 1971 until his death in 1984, Foucault gave public lectures at the world-famous College de France. Attended by thousands, these were seminal events in the world of French letters. Picador is proud to be publishing the lectures in thirteen volumes. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorizing individuals who "resemble their crime before they commit it." Building on the themes of societal self-defense in "Society Must Be Defended," Foucault shows how and why defining "abnormality" and "normality" were preorogatives of power in the nineteenth century. The College de France lectures add immeasurably to our appreciation of Foucault's work and offer a unique window into his thinking.

History of Madness

Author: Michel Foucault
Publisher: Routledge
ISBN: 113447380X
Format: PDF, ePub, Mobi
Download Now
When it was first published in France in 1961 as Folie et Déraison: Histoire de la Folie à l'âge Classique, few had heard of a thirty-four year old philosopher by the name of Michel Foucault. By the time an abridged English edition was published in 1967 as Madness and Civilization, Michel Foucault had shaken the intellectual world. This translation is the first English edition of the complete French texts of the first and second edition, including all prefaces and appendices, some of them unavailable in the existing French edition. History of Madness begins in the Middle Ages with vivid descriptions of the exclusion and confinement of lepers. Why, Foucault asks, when the leper houses were emptied at the end of the Middle Ages, were they turned into places of confinement for the mad? Why, within the space of several months in 1656, was one out of every hundred people in Paris confined? Shifting brilliantly from Descartes and early Enlightenment thought to the founding of the Hôpital Général in Paris and the work of early psychiatrists Philippe Pinel and Samuel Tuke, Foucault focuses throughout, not only on scientific and medical analyses of madness, but also on the philosophical and cultural values attached to the mad. He also urges us to recognize the creative and liberating forces that madness represents, brilliantly drawing on examples from Goya, Nietzsche, Van Gogh and Artaud. The History of Madness is an inspiring and classic work that challenges us to understand madness, reason and power and the forces that shape them.

On Monsters

Author: Stephen T. Asma
Publisher: Oxford University Press
ISBN: 0199798095
Format: PDF, Docs
Download Now
Follows the evolution of monsters throughout time from Behemoth and Leviathan to the post-human cyborgs of tomorrow, in order to understand the mysterious territory outside of rational thought.

Before the Law

Author: Cary Wolfe
Publisher: University of Chicago Press
ISBN: 0226922405
Format: PDF, ePub, Mobi
Download Now
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.