Re reading Foucault

Author: Ben Golder
Publisher: Routledge
ISBN: 0415673534
Format: PDF, ePub
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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.

Foucault s Law

Author: Ben Golder
Publisher: Routledge
ISBN: 1134096283
Format: PDF, Docs
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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.

Foucault and the Politics of Rights

Author: Ben Golder
Publisher: Stanford University Press
ISBN: 0804796513
Format: PDF, ePub
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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.

Foucault and Law

Author: Alan Hunt
Publisher: Pluto Press
ISBN: 9780745308425
Format: PDF, ePub, Mobi
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The first work to introduce Foucault's ideas on law to both graduates and undergraduates.

Foucault and the Politics of Rights

Author: Ben Golder
Publisher: Stanford University Press
ISBN: 0804796513
Format: PDF, Kindle
Download Now
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.

Discipline Punish

Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Format: PDF, Mobi
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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.

Governmentality in EU External Trade and Environment Policy

Author: Jessica Lawrence
Publisher: Routledge
ISBN: 1351602632
Format: PDF, Kindle
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Governmentality and EU External Trade and Environment Policy applies theories drawn from Foucauldian governmentality studies to investigate the ideological and political roots of the European Union (EU)’s external trade and environmental policy and their effects on the transnational legal landscape. The EU’s desire to spread environmental norms abroad is viewed in the book as a significant feature of contemporary EU trade policy. The EU’s activities in this area have not been uncontroversial for other transnational legal actors. States, individuals, and organizations have challenged the EU’s various trade and environment policies, arguing that they are coercive, unfair, over-reaching, or inefficient. Meanwhile, these policies have also raised a number of questions from the perspective of legality and political theory. This book considers what the practice of EU external trade and environment policy, and international resistance to it, tells us about the way the EU perceives the role and limits of transnational government, the means and ends of politics, and the drivers of human and institutional behavior. Jessica Lawrence examines the legal and political discourse of the EU and those affected by its policies. By studying legal cases, statements by officials, legislative texts, press releases, and other representative documents the book identifies the rationalities, technologies, and subjectivities that underlie contemporary EU activity in this area. The overall effect paints a more complicated and nuanced picture of the EU’s vision of itself and its goals; one that ultimately seeks to provide a better understanding of the functioning of power in this area.

Foucault s Politics of Philosophy

Author: Sandro Chignola
Publisher: Taylor & Francis
ISBN: 1351724142
Format: PDF, ePub, Mobi
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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.

Law Immunization and the Right to Die

Author: Jennifer Hardes
Publisher: Routledge
ISBN: 1317373812
Format: PDF, ePub
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Law, Immunization and the Right to Die focuses on the urgent matter of legal appeals and judicial decisions on assisted death. Drawing on key cases from the United Kingdom and Canada, the book focuses on the problematic paternalism of legal decisions that currently deny assisted dying and questions why the law fails to recognize what many describe as "compassionate motives" for assisted death. When cases are analyzed as discourses that are part of a larger socio-political logic of governance, judicial decisions, it is argued here, reveal themselves as relying on the construction of neoliberal fictions – fictions that are here elucidated with reference to Michel Foucault’s theoretical insights on pastoral power and Roberto Esposito’s philosophical thesis on immunization. Challenging the socio-political logic of neoliberalism, the issue of assisted dying goes beyond the predominant legal concern with protecting – or immunizing – individuals from one another, in favor of minimal interference. This book calls for a new kind of politics: one that might affirm people and their finitude both more collectively, and more compassionately.

Biopower

Author: Vernon W. Cisney
Publisher: University of Chicago Press
ISBN: 022622676X
Format: PDF, ePub, Mobi
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Michel Foucault’s notion of “biopower” has been a highly fertile concept in recent theory, influencing thinkers worldwide across a variety of disciplines and concerns. In The History of Sexuality: An Introduction, Foucault famously employed the term to describe “a power bent on generating forces, making them grow, and ordering them, rather than one dedicated to impeding them, making them submit, or destroying them.” With this volume, Vernon W. Cisney and Nicolae Morar bring together leading contemporary scholars to explore the many theoretical possibilities that the concept of biopower has enabled while at the same time pinpointing their most important shared resonances. Situating biopower as a radical alternative to traditional conceptions of power—what Foucault called “sovereign power”—the contributors examine a host of matters centered on life, the body, and the subject as a living citizen. Altogether, they pay testament to the lasting relevance of biopower in some of our most important contemporary debates on issues ranging from health care rights to immigration laws, HIV prevention discourse, genomics medicine, and many other topics.