nietzsche and legal theory half written laws discourses of law

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Nietzsche And Legal Theory

Author : Peter Goodrich
ISBN : 9781136749605
Genre : Law
File Size : 74. 86 MB
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Features an anthology designed to provide legal and socio-legal scholars with a sense of the wide range of projects and questions.

The Land Is The Source Of The Law

Author : C.F. Black
ISBN : 9781136919749
Genre : Law
File Size : 35. 78 MB
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The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.

Law And Enjoyment

Author : Daniel Hourigan
ISBN : 9781317598404
Genre : Law
File Size : 66. 85 MB
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This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional practices – it takes up a range of case studies from film and literature in order to consider how law is iterated through enjoyment, and how enjoyment embodies law. Drawing on psychoanalytic theory, this book addresses issues such as the forced choice to enjoy the law, the biopolitics of tyranny, the enjoyment of law’s contingency, the trauma of the law’s symbolic codification of pleasure, and the futuristic vision of law’s transgression. In so doing, it forges an important case for acknowledging and analyzing the complex relationship between power and pleasure in law – one that will be of considerable interest to legal theorists, as well as those with interests in the intersection of psychoanalytic and cultural theory.

Exemplarity And Singularity

Author : Michele Lowrie
ISBN : 9781317696407
Genre : History
File Size : 27. 72 MB
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This book pursues a strand in the history of thought – ranging from codified statutes to looser social expectations – that uses particulars, more specifically examples, to produce norms. Much intellectual history takes ancient Greece as a point of departure. But the practice of exemplarity is historically rooted firmly in ancient Roman rhetoric, oratory, literature, and law – genres that also secured its transmission. Their pragmatic approach results in a conceptualization of politics, social organization, philosophy, and law that is derived from the concrete. It is commonly supposed that, with the shift from pre-modern to modern ways of thinking – as modern knowledge came to privilege abstraction over exempla, the general over the particular – exemplarity lost its way. This book reveals the limits of this understanding. Tracing the role of exemplarity from Rome through to its influence on the fields of literature, politics, philosophy, psychoanalysis and law, it shows how Roman exemplarity has subsisted, not only as a figure of thought, but also as an alternative way to organize and to transmit knowledge.

Sex Culpability And The Defence Of Provocation

Author : Danielle Tyson
ISBN : 9781136298837
Genre : Law
File Size : 89. 17 MB
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The partial defence of provocation is one of the most controversial doctrines within the criminal law. It has now been abolished in a number of international jurisdictions. Addressing the trajectory of debates about reform of the provocation defence across different jurisdictions, Sex, Culpability and the Defence of Provocation considers the construction and representation of subjectivity and sexual difference in legal narrations of intimate partner homicide. Undeniably, the most vexing exculpatory cultural narrative of our times is that of a woman 'asking for it'. This book explores how the process of judgment in a criminal trial involves not only the drawing of inferences from the facts of a particular case, but also operates to deliver a narrative. Law, it is argued, constructs a narrative of how the female body incites male violence. And, pursuing an approach that is informed by socio-legal studies, literary theory and feminist theories of the body, Sex, Culpability and the Defence of Provocation considers how this narrative is constructed via a range of discursive practices that position woman as a threat to masculine norms of propriety and autonomy. Once we have a clear understanding of the significance of narrative in legal decision-making, we can then formulate textual strategies of resistance to the violence of law's victim-blaming narratives by rewriting them.

Law Orientalism And Postcolonialism

Author : Piyel Haldar
ISBN : STANFORD:36105064205698
Genre : Law
File Size : 49. 74 MB
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Focusing on the ‘problem’ of pleasure Law, Orientalism and Postcolonialism uncovers the organizing principles by which the legal subject was colonized. That occidental law was complicit in colonial expansion is obvious. What remains to be addressed, however, is the manner in which law and legal discourse sought to colonize individual subjects as subjects of law. It was through the permission of pleasure that modern Western subjects were refined and domesticated. Legally sanctioned outlets for private and social enjoyment instilled and continue to instil within the individual tight self-control over behaviour. There are, however, states of behaviour considered to be repugnant to, and in excess of, modern codes of civility. Drawing on a broad range of literature, (including classical jurisprudence, eighteenth century Orientalist scholarship, early travel literature, and nineteenth century debates surrounding the rule of law), yet concentrating on the experience of British India, the argument here is that such excesses were deemed to be an Oriental phenomenon. Through the encounter with the Orient and with the fantasy of its excess, Piyel Haldar concludes, the relationship between the subject and the law was transformed, and must therefore be re-assessed.

On Willing Selves

Author : Sabine Maasen
ISBN : 0230013430
Genre : Philosophy
File Size : 87. 50 MB
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Currently, the neurosciences challenge the concept of will to be scientifically untenable, specifying that it is our brain rather than our "self" that decides what we want to do. At the same time, we seem to be confronted with increasing possibilities and necessities of free choice in all areas of social life. Based on up-to-date (empirical) research in the social sciences and philosophy, the authors convened in this book address this seeming contradiction: By differentiating the physical, the psychic, and the social realm, the neuroscientific findings can be acknowledged within a comprehensive framework of selves in neoliberal societies.

The Philosophical Origins Of Modern Contract Doctrine

Author : James Gordley
ISBN : 9780191029615
Genre : Law
File Size : 57. 31 MB
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This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

Precedent In English Law

Author : Rupert Cross
ISBN : 9780191024443
Genre : Law
File Size : 40. 22 MB
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This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.

Endowed

Author : Michael Thomson
ISBN : 9781135929688
Genre : Law
File Size : 82. 42 MB
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Feminist legal scholars and health care lawyers have long engaged with law’s responses to the female reproductive body, especially on what the legal regulation of women’s reproductive lives can tell us about the broader relationship between law and gender. Acknowledging this work and building upon it, Endowed considers the interaction of law and ideas of male reproductivity. In particular, it seeks to uncover what these regulatory moments can tell us about contemporary ideas and ideals of masculinity and the male sexed body. Spanning topics such as male circumcision and the regulation of state access to Viagra, the book uncovers recurring motifs that define masculinity and the male body in the legal imagination. In looking to these understandings the book engages with broader questions regarding the relationship between law and gender and between masculinity and social organization.

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