A Foucauldian Approach To International Law
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A Foucauldian Approach To International Law
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Author : Leonard M. Hammer
language : en
Publisher: Routledge
Release Date : 2016-03-23
A Foucauldian Approach To International Law written by Leonard M. Hammer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.
A Foucauldian Approach To International Law
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Author : Leonard M. Hammer
language : en
Publisher: Routledge
Release Date : 2016-03-23
A Foucauldian Approach To International Law written by Leonard M. Hammer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.
Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.
Foucauldian Interpretation Of Modern Law
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Author : Martire Jacopo Martire
language : en
Publisher: Edinburgh University Press
Release Date : 2017-07-07
Foucauldian Interpretation Of Modern Law written by Martire Jacopo Martire and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-07 with Philosophy categories.
This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.
Research Methodologies In Eu And International Law
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Author : Tamara Hervey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-04-11
Research Methodologies In Eu And International Law written by Tamara Hervey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Law categories.
Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.
State Accountability Under International Law
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Author : Lisa Yarwood
language : en
Publisher: Routledge
Release Date : 2010-11-24
State Accountability Under International Law written by Lisa Yarwood and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-24 with Law categories.
This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.
After Meaning
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Author : d’Aspremont, Jean
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-09
After Meaning written by d’Aspremont, Jean and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-09 with Law categories.
Inspiring and distinctive, After Meaning provides a radical challenge to the way in which international law is thought and practised. Jean d’Aspremont asserts that the words and texts of international law, as forms, never carry or deliver meaning but, instead, perpetually defer meaning and ensure it is nowhere found within international legal discourse.
Foucault And Law
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Author : Peter Fitzpatrick
language : en
Publisher: Routledge
Release Date : 2017-07-05
Foucault And Law written by Peter Fitzpatrick and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
Few thinkers can have had a more diverse or a more contested impact on theorizing law than Michel Foucault. This diversity is reflected in the wide range of Foucault's work and of the intellectual fields it has so conspicuously influenced. Such diversity informs the present collection and is signalled in the headings of its four sections: Epistemologies: archaeology, discourse, Orientalism Political philosophy: discipline, governmentality and the genealogy of law Embodiment, difference, sexuality and the law The subject of rights and ethics. Whilst the published work selected for this collection amply accommodates this diversity, it also draws together strands in Foucault's work that coalesce in seemingly conflicting theories of law. Yet the editors are also committed to showing how that very conflict goes to constitute for Foucault an integral and radical theory of law. This theory ranges not just beyond the restrained and diminished conceptions of law usually derived from Foucault, but also beyond the characteristic concern in Jurisprudence and Legal Philosophy to constitute law in its difference and separation from other socio-political forms.
The Discourse On Customary International Law
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Author : Jean d'Aspremont
language : en
Publisher: Oxford University Press
Release Date : 2021-05-10
The Discourse On Customary International Law written by Jean d'Aspremont and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-10 with Law categories.
Along with treaties, custom is one of the sources of international law. It is known to consist of two elements: state practice and opinio juris. While many studies have looked at traditional questions of how to identify customary law, this book takes a new and original approach. It looks instead at the structure of thought that lies beneath the arguments about customary international law. By examining these structures, the book uncovers surprising conclusions, and demonstrates what the author describes as the 'discursive splendour' of customary international law. The book guides the reader through an analysis of eight distinct performances at work in the discourse on customary international law. One of its key claims is that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, customary international law is anything but ancient, and there is hardly any doctrine of international law that contains so many of the features of modern thinking. It is also argued that, contrary to mainstream opinion, customary international law is in fact shaped by texts, and originates from a textual environment. This book provides an engaging account of customary international law, whilst challenging readers to rethink their understanding of this fundamental part of the discipline.
Foucault And The Modern International
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Author : Philippe Bonditti
language : en
Publisher: Springer
Release Date : 2017-02-07
Foucault And The Modern International written by Philippe Bonditti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-07 with Political Science categories.
This book addresses the possibilities of analyzing the modern international through the thought of Michel Foucault. The broad range of authors brought together in this volume question four of the most self-evident characteristics of our contemporary world-'international', 'neoliberal', 'biopolitical' and 'global'- and thus fill significant gaps in both international and Foucault studies. The chapters discuss what a Foucauldian perspective does or does not offer for understanding international phenomena while also questioning many appropriations of Foucault's work. This transdisciplinary volume will serve as a reference for both scholars and students of international relations, international political sociology, international political economy, political theory/philosophy and critical theory more generally.
The Diffusion Of Power In Global Governance
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Author : S. Guzzini
language : en
Publisher: Springer
Release Date : 2012-10-14
The Diffusion Of Power In Global Governance written by S. Guzzini and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-14 with Political Science categories.
The study of global governance has often led separate lives within the respective camps of International Political Economy and Foucauldian Studies. Guzzini and Neumann combine these to look at an increasingly global politics with a growing number of agents, recognising the emergence of a global polity.