Suchergebnisse

Intro -- Contents -- Preface -- Acknowledgments -- Introduction: Archiving Sovereignty -- Law as Archive -- As If -- As If as Sense -- 1. Solitude -- Sovereign Regrets -- Nomos and Exception -- Bare Sovereignty -- Amphibious Law -- Poor-of-World -- Sovereign Solitude -- 2. Bodies -- A New Nomos -- Refugee as Sign -- Form of Life as Archive -- Body as Sign of Itself -- 3. Facts -- Fact of Law -- Fact of Sovereignty -- Historicity -- Autonomy -- Undoing Sovereignty -- 4. Belongers -- Archiving Belonging -- Forgetting to Belong -- Becoming Black -- Past Perfect Sovereignty -- Literature as Archive -- Epilogue: Archival Futures -- Notes -- Bibliography -- Index.

"This book offers a jurisprudential meditation and methodological performance on how feminist and legal thought come into relation. This book is about the conduct of one's scholarship and why it requires examination. Across six essays, the book reintroduces official and unofficial jurisprudence writing of the late twentieth century to show how disciplinary methods were transformed, and how relations between people and place, and between law and humanities, were transferred from the periphery to the centre of contemporary scholarship. To demonstrate this story, Feminist Jurisography experiments with genre, style, and form to historicise the relationship of a feminist jurisprudent to her own sources, methods, and interlocutors; and remind that it was feminist intellectuals from 1949 onwards who altered conducts of interdisciplinary scholarship in ways that are underacknowledged today. It exemplifies why naming a practice for yourself is an acknowledgment of relations of difference, collaboration, and inheritance, but also a performance of the feminist tradition of intellectual self-assertion that the book explores. The book will be a useful resource for scholars and students of law and humanities, feminism, and history; and of value to a general audience interested in feminist ideas. The book will benefit contemporary conversations about the history and status of feminist contributions to these fields"-- Provided by publisher.

The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.

This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge.

Disability and Medieval Law: History, Literature and Society is an intervention in the growing and complex field of medieval disability studies. The size of the field and the complexity of the subject lend themselves to the use of case studies: how a particular author imagines an injury, how a particular legal code deals with (and sometimes creates) injury to the human body. While many studies have fruitfully insisted on theoretical approaches, Disability and Medieval Law considers how medieval societies directly dealt with crime, punishment, oath-taking, and mental illness. When did medieval law take disability into account in setting punishment or responsibility? When did medieval law choose to cause disabilities? How did medieval authors use disability to discuss not only law, but social relationships and the nature of the human?The volume includes essays on topics as diverse as Francis of Assissi, Margery Kempe, La Manekine, Geoffrey Chaucer, early medieval law codes, and the definition of mental illness in English legal records, by Irina Metzler, Wendy J. Turner, Amanda Hopkins, Donna Trembinski, Marian Lupo and Cory James Rushton.

Introduction / Daniel S. Margolies, Umut Özsu, Maïa Pal, Ntina Tzouvala -- Ways of doing extraterritoriality in scholarship / John Haskell -- In the middle of nowhere : the futile quest to distinguish territoriality from extraterritoriality / Péter D. Szigeti -- Moving beyond the e-word in the anthropocene / Sara L. Seck -- Early modern extraterritoriality, diplomacy, and the transition to capitalism / Maïa Pal -- "Uneven empires" : extraterritoriality and the early trading companies / Kate Miles -- Protégé problems : Qing officials, extraterritoriality, and global integration in nineteenth-century china / Richard S. Horowitz -- Drinking water by the sea : real and unreal property in the mixed courts of egypt / Mai Taha -- "And the laws are rude, crude and uncertain" : extraterritoriality and the emergence of territorialised statehood in Siam / Ntina Tzouvala -- Imperial reorderings in US zones and regulatory regimes, 1934-50 / Daniel S. Margolies -- The interplay between extraterritoriality, sovereignty, and the foundations of international law / Austen L. Parrish -- Extraterritoriality as an analytic lens : examining the global governance of transnational bribery and corruption / Ellen Gutterman -- From extraterritorial jurisdiction to sovereignty : the annexation of Palestine / Alice Panepinto -- Extraterritoriality reconsidered : functional boundaries as repositories of jurisdiction / Ezgi Yildiz.