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Biopolitics and Structure in Legal Education

Biopolitics and Structure in Legal Education
Author: Luca Siliquini-Cinelli
Publisher: Taylor & Francis
Total Pages: 212
Release: 2023-06-30
Genre: Law
ISBN: 1000876225

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Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly Western structures of legal learning within a wider context. Assembling original, field-defining essays by both leading international scholars and emerging researchers, it constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.


Biopolitics and Resistance in Legal Education

Biopolitics and Resistance in Legal Education
Author: Thomas Giddens
Publisher: Taylor & Francis
Total Pages: 182
Release: 2023-06-30
Genre: Law
ISBN: 100087656X

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Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law’s pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students’ subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings; and the impacts of posthuman knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars and emerging researchers, this book constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.


Law, Ethics and the Biopolitical

Law, Ethics and the Biopolitical
Author: Amy Swiffen
Publisher: Routledge
Total Pages: 280
Release: 2010-12-13
Genre: Law
ISBN: 1136851674

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Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.


Studies in Biopolitics

Studies in Biopolitics
Author: Judit Sándor
Publisher:
Total Pages: 255
Release: 2013
Genre: Abortion
ISBN: 9789638823892

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This book is a collection of multidisciplinary case studies on biopolitical practices and discourses that have been contributed by political scientists and public policy experts, anthropologists and philosophers, biologist and bioethicists, legal scholars, and human rights activists, as well as advanced graduate students at the Central European University (CEU). The majority of the authors have participated in graduate courses in political science, gender studies, and legal studies at CEU, focusing on the human rights aspect of biopolitics and the various forms of commercializing the human body. Some of the case studies have emerged from these courses and thus the chapters of this book are not only thematically interrelated but also share similar analytical perspectives. This is the results of long hours of discussion during the classes, following film screening and emerging after public lectures on biopolitics organized by the Center for Ethics and Law in Biomedicine (CELAB).


The Routledge Handbook of Cultural Legal Studies

The Routledge Handbook of Cultural Legal Studies
Author: Karen Crawley
Publisher: Taylor & Francis
Total Pages: 562
Release: 2024-05-20
Genre: Law
ISBN: 1040013287

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This handbook provides a comprehensive introduction to the cutting-edge field of cultural legal studies. Cultural legal studies is at the forefront of the legal discipline, questioning not only doctrine or social context, but how the concerns of legality are distributed and encountered through a range of material forms. Growing out of the interdisciplinary turn in critical legal studies and jurisprudence that took place in the latter quarter of the 20th century, cultural legal studies exists at the intersection of a range of traditional disciplinary areas: legal studies, cultural studies, literary studies, jurisprudence, media studies, critical theory, history, and philosophy. It is an area of study that is characterised by an expanded or open-ended conception of what ‘counts’ as a legal source, and that is concerned with questions of authority, legitimacy, and interpretation across a wide range of cultural artefacts. Including a mixture of established and new authors in the area, this handbook brings together a complex set of perspectives that are representative of the current field, but which also address its methods, assumptions, limitations, and possible futures. Establishing the significance of the cultural for understanding law, as well as its importance as a potential site for justice, community, and sociality in the world today, this handbook is a key reference point both for those working in the cultural legal context – in legal theory, law and literature, law and film/television, law and aesthetics, cultural studies, and the humanities generally – as well as others interested in the interactions between authority, culture, and meaning.


"Society Must Be Defended"

Author: Michel Foucault
Publisher: Macmillan
Total Pages: 340
Release: 2003-12
Genre: History
ISBN: 9780312422660

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Foreword: François Ewald and Alessandro Fontana Introduction: Arnold I. Davidson One: 7 January 1976 What is a lecture? -- Subjugated knowledges. -- Historical knowledge of struggles, genealogies, and scientific discourse. -- Power, or what is at stake in genealogies. -- Juridical and economic conceptions of power. -- Power as repression and power as war. -- Clausewitz's aphorism inverted. Two: 14 January 1976 War and power. -- Philosophy and the limits of power. -- Law and royal power. -- Law, domination, and subjugation. -- Analytics of power: questions of method. -- Theory of sovereignty. -- Disciplinary power. -- Rule and norm. Three: 21 January 1976 Theory of sovereignty and operators of domination. -- War as analyzer of power relations. -- The binary structure of society. -- Historico-political discourse, the discourse of perpetual war. -- The dialectic and its codifications. -- The discourse of race struggle and its transcriptions. Four: 28 January 1976 Historical discourse and its supporters. -- The counterhistory of race struggle. -- Roman history and biblical history. -- Revolutionary discourse. -- Birth and transformation of racism. -- Race purity and State racism: the Nazi transformation and the Soviet transformation. Five: 4 February 1976 Answer to a question on anti-Semitism. -- Hobbes on war and sovereignty. -- The discourse on the Conquest in England: royalists, parliamentarians, and Levellers. -- The binary schema and political historicism. -- What Hobbes wanted to eliminate. Six: 11 February 1976 Stories about origins. -- The Trojan myth. -- France's heredity. -- "Franco-Gallia."--Invasion, history, and public right. -- National dualism. -- The knowledge of the prince. -- Boulainvillier's "Etat de la France."--The clerk, the intendant, and the knowledge of the aristocracy. -- A new subject of history. -- History and constitution. Seven: 18 February 1976 Nation and nations. -- The Roman conquest. -- Grandeur and decadence of the Romans. -- Boulainvilliers on the freedom of the Germans. -- The Soissons vase. -- Origins of feudalism. -- Church, right, and the language of State. -- Boulainvilliers: three generalizations about war: law of history and law of nature, the institutions of war, the calculation of forces. -- Remarks on war. Eight: 25 February 1976: Boulainvilliers and the constitution of a historico-political continuum. -- Historicism. -- Tragedy and public right. -- The central administration of history. -- The problematic of the Enlightenment and the genealogy of knowledges. -- The four operations of disciplinary knowledge and their effects. -- Philosophy and science. -- Disciplining knowledges. Nine: 3 March 1976 Tactical generalization of historical knowledge. -- Constitution, Revolution, and cyclical history. -- The savage and the barbarian. -- Three ways of filtering barbarism: tactics of historical discourse. -- Questions of method: the epistemological field and the antihistoricism of the bourgeoisie. -- Reactivation of historical discourse during the Revolution. -- Feudalism and the gothic novel. Ten: 10 March 1976 The political reworking of the idea of the nation during the Revolution: Sieyes. -- Theoretical implications and effects on historical discourse. -- The new history's grids of intelligibility: domination and totalization. -- Montlosier and Augustin Thierry. -- Birth of the dialectic. Eleven: 17 March 1976 From the power of sovereignty to power over life. -- Make live and let die. -- From man as body to man as species: the birth of biopower. -- Biopower's fields of application. -- Population. -- Of death, and of the death of Franco in particular. -- Articulations of discipline and regulation: workers' housing, sexuality, and the norm. -- Biopower and racism. -- Racism: functions and domains. -- Nazism. -- Socialism. Course Summary Situating the Lectures: Alessandro Fontana and Mauro Bertani Index.


The Birth of Biopolitics

The Birth of Biopolitics
Author: Michel Foucault
Publisher: Picador
Total Pages: 365
Release: 2010-03-02
Genre: Philosophy
ISBN: 0312203411

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The sixth volume in Foucault's prestigious, groundbreaking series of lectures at the Collège de France from 1970 to 1984.


The Biopolitics of Development

The Biopolitics of Development
Author: Sandro Mezzadra
Publisher: Springer Science & Business Media
Total Pages: 208
Release: 2013-12-27
Genre: Political Science
ISBN: 8132215966

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This book offers an original analysis and theorization of the biopolitics of development in the postcolonial present, and draws significantly from the later works of Michel Foucault on biopolitics. Foucault’s works have had a massive influence on postcolonial literatures, particularly in political science and international relations, and several authors of this book have themselves made significant contributions to that influence. While Foucault’s thought has been inspirational for understanding colonial biopolitics as well as governmental rationalities concerned with development, his works have too often failed to inspire studies of political subjectivity. Instead, they have been used to stoke the myth of the inevitability of the decline of collective political subjects, often describing an increasingly limited horizon of political possibilities, and provoking a disenchantment with the political itself in postcolonial works and studies. Working against the grain of current Foucauldian scholarship, this book underlines the importance of Foucault’s work for the capacity to recognize how this degraded view of political subjectivity came about, particularly within the framework of the discourses and politics of ‘development’, and with particular attention to the predicaments of postcolonial peoples. It explores how we can use Foucault’s ideas to recover the vital capacity to think and act politically at a time when fundamentally human capacities to think, know and to act purposively in the world are being pathologized as expressions of the hubris and ‘underdevelopment’ of postcolonial peoples. Why and how it is that life in postcolonial settings has been depoliticized to such dramatic effect? The immediacy of these themes will be obvious to anyone living in the South of the world. But within the academy they remain heavily under-addressed. In thinking about what it means to read Michel Foucault today, this book tackles some significant questions and problems: Not simply that of how to explain the ways in which postcolonial regimes of governance have achieved the debasements of political subjectivity they have; nor that of how we might better equip them with the means to suborn the life of postcolonial peoples more fully; but that of how such peoples, in their subjection to governance, can and do resist, subvert, escape and defy the imposition of modes of governance which seek to remove their lives of those very capacities for resistance, subversion, flight, and defiance.


Futures of Reproduction

Futures of Reproduction
Author: Catherine Mills
Publisher: Springer Science & Business Media
Total Pages: 140
Release: 2011-06-01
Genre: Philosophy
ISBN: 9400714270

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Issues in reproductive ethics, such as the capacity of parents to ‘choose children’, present challenges to philosophical ideas of freedom, responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.


Beyond Bioethics

Beyond Bioethics
Author: Osagie K. Obasogie
Publisher: Univ of California Press
Total Pages: 546
Release: 2018-03-13
Genre: Law
ISBN: 0520277848

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"For several decades, the field of bioethics has played a dominant role in shaping the way society thinks about ethical problems related to developments in science, technology, and medicine. But its traditional emphases on, for example, doctor-patient relationships, informed consent, and individual autonomy have led the field to not be fully responsive to the challenges posed by new human biotechnologies such as assisted reproduction, human genetic enhancement, and DNA forensics. Beyond Bioethics provides a focused overview for students and others grappling with the profound social dilemmas posed by these developments. It brings together the work of cutting-edge thinkers from diverse fields of study and public engagement, all of them committed to a new perspective that is grounded in social justice and public interest values. The contributors to this volume seek to define an emerging field of scholarly, policy, and public concern: a new biopolitics."--Provided by publisher.