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Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series preface -- Introduction: The Laws of Michel Foucault -- Part I Epistemologies: Archaeology, Discourse, Orientalism -- 1 Maria Drakopoulou (2000), 'Women's Resolution of Lawes Reconsidered: Epistemic Shifts and the Emergence of the Feminist Legal Discourse' -- 2 Teemu Ruskola (2002-2003), 'Legal Orientalism' -- Part II Political Philosophy: Discipline, Governmentality and the Genealogy of Law -- 3 Alan Hunt (1992), 'Foucault's Expulsion of Law: Toward a Retrieval' -- 4 François Ewald (1990), 'Norms, Discipline, and the Law', trans. Marjorie Beale -- 5 Victor Tadros (1998), 'Between Governance and Discipline: The Law and Michel Foucault' -- 6 Nikolas Rose and Mariana Valverde (1998), 'Governed by Law?' -- 7 Nikolas Rose and Peter Miller (1992), 'Political Power Beyond the State: Problematics of Government' -- Part III Embodiment, Difference, Sexuality and the Law -- 8 Judith Butler (1989), 'Foucault and the Paradox of Bodily Inscriptions' -- 9 Ann J. Cahill (2000), 'Foucault, Rape, and the Construction of the Feminine Body' -- 10 Andrew N. Sharpe (2007), 'Structured Like a Monster: Understanding Human Difference Through a Legal Category' -- 11 Kendall Thomas (1992), 'Beyond the Privacy Principle' -- Part IV The Subject of Rights and Ethics -- 12 Carlos A. Ball (2001-2002), 'Sexual Ethics and Postmodernism in Gay Rights Philosophy' -- 13 Paul Patton (2004), 'Power and Right in Nietzsche and Foucault' -- 14 Thomas Keenan (1997), 'The "Paradox" of Knowledge and Power: Foucault on the Bias' -- Name Index

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence

Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence

This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time of high modernism and the death of God in the nineteenth and twentieth centuries. Each of these three phases is captured, as it were, in the work of a corresponding thinker who is taken to be a telling instance: Vitoria, Hobbes, Nietzsche. All of that is then briefly brought into what could precariously be called the present and in a way that reveals the exercise to have been all along a history of the present.

The compatibility and incompatibility between law and culture are identified through an analysis of relation. By way of exploring the elusiveness of conceptions of culture and of law, a commonality relating them is arrived at, one that indicates not only what they constituently share but also what distinguishes them from each other. So far an abstract abstract. The abstractness of the comment itself is relieved by references to a case study and by resorting to etymologies.