Foucaults Monsters And The Challenge Of Law
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| Author | : Alex Sharpe |
| Publisher | : Routledge |
| Total Pages | : 426 |
| Release | : 2009-12-16 |
| Genre | : Law |
| ISBN | : 1135182647 |
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.
| Author | : Peter Fitzpatrick |
| Publisher | : Routledge |
| Total Pages | : 576 |
| Release | : 2017-07-05 |
| Genre | : Law |
| ISBN | : 1351566857 |
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.
| Author | : Daniela Carpi |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 308 |
| Release | : 2019-06-17 |
| Genre | : Literary Criticism |
| ISBN | : 311065461X |
Every culture knows the phenomenon of monsters, terrifying creatures that represent complete alterity and challenge every basic notion of self and identity within a cultural paradigm. In Latin and Greek culture, the monster was created as a marvel, appearing as something which, like transgression itself, did not belong to the assumed natural order of things. Therefore, it could only be created by a divinity responsible for its creation, composition, goals and stability, but it was triggered by some in- or non-human action performed by humans. The identification of something as monstrous denotes its place outside and beyond social norms and values. The monster-evoking transgression is most often indistinguishable from reactions to the experience of otherness, merging the limits of humanity with the limits of a given culture. The topic entails a large intersection among the cultural domains of law, literature, philosophy, anthropology, and technology. Monstrosity has indeed become a necessary condition of our existence in the 21st century: it serves as a representation of change itself. In the process of analysis there are three theoretical approaches: psychoanalytical, representational, ontological. The volume therefore aims at examining the concept of monstrosity from three main perspectives: technophobic, xenophobic, superdiversity. Today’s globalized world is shaped in the unprecedented phenomenon of international migration. The resistance to this phenomenon causes the demonization of the Other, seen as the antagonist and the monster. The monster becomes therefore the ethnic Other, the alien. To reach this new perspective on monstrosity we must start by examining the many facets of monstrosity, also diachronically: from the philological origin of the term to the Roman and classical viewpoint, from the Renaissance medical perspective to the religious background, from the new filmic exploitations in the 20th and 21st centuries to the very recent ethnological and anthropological points of view, to the latest technological perspective , dealing with artificial intelligence.
| Author | : Ben Golder |
| Publisher | : Routledge |
| Total Pages | : 260 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0415673534 |
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 | : Reza Banakar |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 380 |
| Release | : 2014-07-18 |
| Genre | : Law |
| ISBN | : 150994219X |
There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.
| Author | : Leonard Lawlor |
| Publisher | : Cambridge University Press |
| Total Pages | : 1318 |
| Release | : 2014-04-21 |
| Genre | : Philosophy |
| ISBN | : 1139867067 |
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.
| Author | : Steven T. Brown |
| Publisher | : Springer |
| Total Pages | : 340 |
| Release | : 2018-02-05 |
| Genre | : Performing Arts |
| ISBN | : 3319706292 |
Japanese Horror and the Transnational Cinema of Sensations undertakes a critical reassessment of Japanese horror cinema by attending to its intermediality and transnational hybridity in relation to world horror cinema. Neither a conventional film history nor a thematic survey of Japanese horror cinema, this study offers a transnational analysis of selected films from new angles that shed light on previously ignored aspects of the genre, including sound design, framing techniques, and lighting, as well as the slow attack and long release times of J-horror’s slow-burn style, which have contributed significantly to the development of its dread-filled cinema of sensations.
| Author | : Michel Foucault |
| Publisher | : Verso Books |
| Total Pages | : 485 |
| Release | : 2016-09-01 |
| Genre | : Philosophy |
| ISBN | : 1784786403 |
Three decades after his death, Michel Foucault remains one of the towering intellectual figures of the last half-century. His works on sexuality, madness, the prison, and medicine are enduring classics. From 1971 until his death in 1984, Foucault gave public lectures at the famous Collge de France. These seminal events, attended by thousands, created the benchmarks for contemporary social enquiry. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorising individuals who "resemble their crime before they commit it." Building on the themes of societal self-defence developed in earlier works, Foucault shows how defining "normality" became a prerogative of power in the nineteenth century, shaping the institutions-from the prisons to the family-meant to deal with "monstrosity," whether sexual, physical, or spiritual. The Collge de France lectures add immeasurably to our appreciation and understanding of Foucault's thought.
| Author | : Damian A Gonzalez Salzberg |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 281 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 1509914943 |
This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
| Author | : Michel Foucault |
| Publisher | : Vintage |
| Total Pages | : 354 |
| Release | : 2012-04-18 |
| Genre | : Social Science |
| ISBN | : 0307819299 |
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.
