Posthuman Legalities
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| Author | : Grear, Anna |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 168 |
| Release | : 2021-12-14 |
| Genre | : Law |
| ISBN | : 1802203346 |
How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other.
| Author | : Jana Norman |
| Publisher | : Routledge |
| Total Pages | : 195 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1000424847 |
This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.
| Author | : Matilda Arvidsson |
| Publisher | : Taylor & Francis |
| Total Pages | : 312 |
| Release | : 2024-01-02 |
| Genre | : Law |
| ISBN | : 1003829171 |
Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
| Author | : Anna Grear |
| Publisher | : |
| Total Pages | : 168 |
| Release | : 2021-12-14 |
| Genre | : Climatic changes |
| ISBN | : 9781802203332 |
How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.
| Author | : Marie-Catherine Petersmann |
| Publisher | : Cambridge University Press |
| Total Pages | : 317 |
| Release | : 2022-10-31 |
| Genre | : Law |
| ISBN | : 131651580X |
The book illuminates the nature, extent, and political implications of normative conflicts between environmental protection laws and human rights.
| Author | : Anne Peters |
| Publisher | : Oxford University Press |
| Total Pages | : 449 |
| Release | : 2024-06-14 |
| Genre | : Law |
| ISBN | : 0198898916 |
The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.
| Author | : Louisa Ashley |
| Publisher | : Taylor & Francis |
| Total Pages | : 319 |
| Release | : 2024-09-02 |
| Genre | : Law |
| ISBN | : 1040126278 |
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.
| Author | : Irus Braverman |
| Publisher | : Routledge |
| Total Pages | : 247 |
| Release | : 2015-12-22 |
| Genre | : Law |
| ISBN | : 1317374053 |
Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise—from law, geography, and anthropology, through animal studies and posthumanism, to science and technology studies—this interdisciplinary collection asks what, in legal terms, it means to be human and nonhuman, what it means to govern and to be governed, and what are the ethical and political concerns that emerge in the project of governing not only human but also more-than-human life.
| Author | : Kristoffer Ekberg |
| Publisher | : Taylor & Francis |
| Total Pages | : 165 |
| Release | : 2022-12-30 |
| Genre | : Science |
| ISBN | : 1000803732 |
In Climate Obstruction: How Denial, Delay and Inaction are Heating the Planet, Kristoffer Ekberg, Bernhard Forchtner, Martin Hultman and Kirsti Jylhä bring together crucial insights from environmental history, sociology, media and communication studies and psychology to help us understand why we are failing to take necessary measures to avert the unfolding climate crisis. They do so by examining the variety of ways in which meaningful climate action has been obstructed. This ranges from denial of the scientific evidence for human-induced climate change and its policy consequences, to (seemingly sincere) acknowledgement of scientific evidence while nevertheless delaying meaningful climate action. The authors also consider all those actions by which often well-meaning individuals and collectives (unintendedly) hamper climate action. In doing so, this book maps out arguments and strategies that have been used to counter environmental protection and regulation since the 1960s by, first and foremost, corporations supported by conservative actors, but also far-right ones as well as ordinary citizens. This timely and accessible book provides tools and lessons to understand, identify and call out such arguments and strategies, and points to actions and systemic and cultural changes needed to avert or at least mitigate the climate crisis.
| Author | : Douglas Fisher |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 487 |
| Release | : 2022-11-25 |
| Genre | : Law |
| ISBN | : 1839108320 |
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
