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To what extent can an animal constitute a ‘juridical species’? This highly original book considers how animals have been integral to law and to legal thinking. Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal ‘subjects,’ this book follows two types of animal – bears and bees – and asks what existence these species have maintained in juridical thought. Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one’s appreciation for the singularity and independence of their lives. It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention. Contributing to new directions at the intersection of jurisprudence and human–animal studies, this book will appeal to those with interests in either of these areas.
This collection of interdisciplinary essays explores how persons and things - the central elements of the social - are fabricated by legal rituals and institutions. The contributors, legal and anthropological theorists alike, focus on a set of specific institutional and ethnographic contexts, and some unexpected and thought-provoking analogies emerge from this intellectual encounter between law and anthropology. For example, contemporary anxieties about the legal status of the biotechnological body seem to resonate with the questions addressed by ancient Roman law in its treatment of dead bodies. The analogy between copyright and the transmission of intangible designs in Melanesia suddenly makes western images of authorship seem quite unfamiliar. A comparison between law and laboratory science presents the production of legal artefacts in new light. These studies are of particular relevance at a time when law, faced with the inventiveness of biotechnology, finds it increasingly difficult to draw the line between persons and things.
The recent austerity measures currently adopted in numerous European countries assume that a rise in public debt should automatically result in cuts to social programmes and the privatisation of “inefficiently” managed resources. This type of reasoning is being used to justify the destruction of social rights of citizens for the profit of the private sector, resulting in more limited access to the most fundamental resources such as water, nature, housing, culture, knowledge and information, mainly for the most vulnerable members of society. Such a view, informed solely by short-term growth and profit cycles, is endangering access to those resources not only for current generations but fo...
The acclaimed philosopher and author of Homo Sacer contemplates the possibility of true human freedom through a deep analysis of monastic stricture. What is a rule, if it appears to become confused with life? And what is a human life, if, in every one of its gestures, of its words, and of its silences, it cannot be distinguished from the rule? It is to these questions that Giorgio Agamben’s new book turns by means of an impassioned reading of the phenomenon of Western monasticism from Pachomius to St. Francis. The Highest Poverty meticulously reconstructs the lives of monks, with their obsessive attention to temporal articulation and to the Rule, to ascetic techniques and to liturgy. But A...
Critical discourse hardly knows a more devastating charge against theories, technologies, or structures than that of being reductive. Yet, expansion and growth cannot fare any better today. This volume suspends anti-reductionist reflexes to focus on the experiences and practices of different kinds of reduction, their generative potentials, ethics, and politics. Can their violences be contained and their benefits transported to other contexts?
This collection is inspired by the transdisciplinary possibilities posed by the connections between space and justice. Drawing on a variety of theoretical influences that include Henri Lefebvre, Gilles Deleuze and Felix Guattari, Doreen Massey, Gillian Rose, Walter Benjamin, Elias Canetti, Antonio Negri and Yan Thomas, the contributors to this book conduct a series of jurisprudential, aesthetic and political inquiries into ‘just’ modes of occupying space, and the ways in which space comes under the signs of law and justice. Bringing together leading critical legal scholars with theorists and practitioners from other disciplines within the humanities, Spaces of Justice investigates unexplored associations between law and architectural theory, the visual arts, geography and cultural studies. The book contributes to the ongoing destabilisation of the boundaries between law and the broader humanities and will be of considerable interest to scholars and students with an interest in the normative dimensions of law’s ‘spatial turn’.
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This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism and places the discussion within contemporary theoretical frameworks.