Suchergebnisse

Cover -- Title -- Copyright -- Contents -- Preface -- Note on the text -- Dedication -- 1 Theoretical variables - an overview -- Introduction -- New legal imaginaries -- Aesthetics -- Crisis of subjectivity -- Materiality -- Plurality -- Conceptual dynamism -- Prefigurative law and theory -- 2 Limited and unlimited law -- Introduction -- Restricted and unrestricted legal theory -- Brighton rock law -- Historical and cultural exclusions -- Beyond law as reified subject -- Lawspace -- Vertical and horizontal -- Is and ought -- The norm -- Defining 'law' -- 3 Legal materialism and social existence -- Introduction -- Law's abstractions -- The real, the material, and the socio-legal -- Postmodernism and materialism -- 4 A new legal materialism -- Introduction -- Thinking and things -- Creating subjects and objects -- Intra-actions -- Humans as beings -- Materialism and law -- Legal bodies in spacetime -- 5 Inner and outer space -- Introduction -- Headscape -- Lawspace -- Beyond inside and out -- Being-in not being-and -- 6 Scales of law -- Introduction -- Satellite and street views -- The geographical notion of scale -- Law defined through space -- Jurisdiction and scale in positive law -- 7 Subjects and perspective -- Introduction -- The legal theorist as an expert knower -- Subjective knowers in legal philosophy -- Fractured subjects and plural laws -- Differently situated law construction -- Posthuman agents -- 8 Imagining law -- Introduction -- Metaphors and meaning -- 'A moderate amount of cacophany' -- Boundaries -- Mapping legal landscapes -- 9 Pathfinding -- Introduction -- The way of the law -- Beaten tracks -- Performing law -- 10 Conclusion -- Bibliography -- Index.

"This fifth edition of Asking the Law Question significantly improves and updates the text bringing it firmly into the legal theory consciousness of the third decade of the twenty-first century. It contains many completely re-written and a few new subsections: a new opening to the book; an extended discussion of the ancient constitution in connection to political history; additional discussion of Indigenous science and critique of mainstream Western science; a completely revised section on law and economics to take account of behavioural economics; a brief discussion of feminist posthumanism; and a new section on decolonisation"--Publisher's website

AbstractLegal positivism and lesbian separatism provide very different, yet comparable, approaches to the issue of separation. Legal positivism practices separation as a tool of dominance, while lesbian separatism is based upon the need for identity formation and resistance to dominance. By elaborating upon the justifications advanced for lesbian separatism, this article critiques the separateness defended by legal positivists, and highlights the effects of power and context upon the significance of separation. Thus separatism as a political objective is not rejected or supported, except insofar as it consolidates oppressive practices. However, a critique of the idea that separation is necessarily territorial and pure is also developped, and an alternative vision of separation based upon the work of María Lugones is proposed. It is suggested that a non-oppressive concept of law can only maintain its identity if an alternative understanding of its separateness evolves.

1. Theoretical variables : an overview -- 2. Limited and unlimited law -- 3. Legal materialism and social existence -- 4. A new legal materialism -- 5. Inner and outer space -- 6. Scales of law -- 7. Subjects and perspective -- 8. Imagining law -- 9. Pathfinding -- 10. Conclusion.

"This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else - at least on the earth, and possibly in the cosmos - has become a truism of contemporary theory. Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries. It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project. Although an ecological imagining of law can be metaphorical, and can be highly imaginative and suggestive, this book shows that it is also literal. Law is part of the material 'everything' that is connected to everything else. This means that once the previous certainties of legal thinking have been dismantled, it is after all possible to think of law as 'natural' - as embedded in and emergent from a normative biophysical nature. The book proposes that there exists a natural nomos: animals, plants, and Earth systems that produce their own values and norms from which human norms and laws emerge. This book, then, proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Drawing inspiration from current trends in the posthumanities, socio-ecological thought, and developments across the natural sciences in their specific intersections with humanities and social science disciplines, this book will appeal both to legal theorists and to others with interests in these areas"--

Home is an evocative and fluid concept which has significance for all people across several scales of life: these scales include the self, our relationships and family, our physical resting place, our cultures, the nation, and even the planet. Home is a pervasive concept, sometimes so pervasive that we don't even notice when it is being invoked. And it is a space which compresses many normative values, as well as the normalities associated with family, culture and nation. Thinking about the home requires us to cross or transcend several dualisms, such as those between the individual and the collective, the symbolic and material, inner psychological space and the outside world, and public and private. This paper considers the idea of home as a metaphor in conceptualizing the state. The focus is not on ideas of nation and homeland which are often found in general political discourse, but rather the deployment of 'home' in governmental, institutional, and policy formations. My aim is not to rehabilitate the idea of the home as a metaphor for the state, nor to undertake a comparative analysis, but rather to observe the presence and absence of 'home' in several contexts and illustrate the diversity of its meanings in relation to the state. The first part will outline scholarly and feminist interest in the idea of home. My focus is on Anglo-centric commentary about the home, though this itself has been strongly influenced by French feminism, and more generally by French phenomenology and psychoanalysis. The second part ofthe paper will consider the idea of home in the political and public domain in three national contexts: Sweden, the UK, and Australia. A final revised version of this article is published in the Griffith Law Review, vol 23, no 2 (2014), DOI:10.1080/10383441.2014.962447.

The primary focus of this article is the relationship between property and personality with reference to the specific form of transgression offered by queer theory, that is, transgression of the conventional boundaries of sexual identity and desire. Feminists have strongly challenged the gendered nature of personal relations expressed through property - the association of masculinity with the position of proprietor and femininity with the position of object of property, which in its turn relies upon a fixed opposition between subject and object. It is argued here that attention to certain aspects of queer theory and praxis offers a further ground of critique and the potential for reconfiguration of these fundamental relationships.