Law Relationality And The Ethical Life
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Law Relationality And The Ethical Life
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Author : Tom Frost
language : en
Publisher: Routledge
Release Date : 2021-08-30
Law Relationality And The Ethical Life written by Tom Frost and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-30 with Law categories.
This first book-length study into the influence of Emmanuel Levinas on the thought and philosophy of Giorgio Agamben, Law, Relationality and the Ethical Life, demonstrates how Agamben’s immanent thought can be read as presenting a compelling, albeit flawed, alternative to Levinas’s ethics of the Other. The publication of the English translation of The Use of Bodies in 2016 ended Giorgio Agamben’s 20-year multi-volume Homo Sacer study. Over this time, Agamben’s thought has greatly influenced scholarship in law, the wider humanities and social sciences. This book places Agamben’s figure of form-of-life in relation to Levinasian understandings of alterity, relationality and the law. Considering how Agamben and Levinas craft their respective forms of embodied existence – that is, a fully-formed human that can live an ethical life – the book considers Agamben’s attempt to move beyond Levinasian ethics through the liminal figures of the foetus and the patient in a persistent vegetative state. These figures, which Agamben uses as examples of bare life, call into question the limits of Agamben’s non-relational use and form of existence. As such, it is argued, they reveal the limitations of Agamben’s own ethics, whilst suggesting that his ‘abandoned’ project can and must be taken further. This book will be of interest to scholars, researchers, graduate students and anyone with an interest in the thought of Giorgio Agamben and Emmanuel Levinas in the fields of law, philosophy, the humanities and the social sciences.
Relational Autonomy And Family Law
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Author : Jonathan Herring
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-03-11
Relational Autonomy And Family Law written by Jonathan Herring and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-11 with Law categories.
This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.
Beyond The Responsibility To Protect In International Law
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Author : Angeliki Samara
language : en
Publisher: Routledge
Release Date : 2020-09-01
Beyond The Responsibility To Protect In International Law written by Angeliki Samara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-01 with Law categories.
This book offers a critical appraisal of the international legal idea of the ‘Responsibility to Protect’. The idea that the international community has a responsibility to protect populations at risk has become the prominent mode and structure of address in response to mass human atrocities, gross human rights violations, and large-scale loss of life. Although the "international community" of liberal international law and of legal cosmopolitanism for the most part projects a self-assured collective project, this book maintains that it transforms global ethical responsibility into a project of governance, management, and control. Pursuing this argument, and drawing on critical legal literature, critical international relations and on ideas of responsibility and ethical relationality in the work of Jacques Derrida and Judith Butler, the book develops a concept of "irresponsibility". This concept is then juxtaposed to the dominant Responsibility to Protect discourse. By exposing and acknowledging "the sites of irresponsibility" of the Responsibility to Protect, the book argues that irresponsibility itself can become the condition of ethical responsibility and the possibility of justice. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
Law And The Relational Self
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Author : Jonathan Herring
language : en
Publisher: Cambridge University Press
Release Date : 2019-11-21
Law And The Relational Self written by Jonathan Herring and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-21 with Law categories.
Describes the concept of the relational self and its potential significance to the law.
Duties To Care
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Author : Rosie Harding
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-24
Duties To Care written by Rosie Harding and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.
Duties to Care is the first empirically grounded, conceptually nuanced, socio-legal examination of caring for a person with dementia.
Living Lawfully
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Author : Z. Bankowski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-17
Living Lawfully written by Z. Bankowski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-17 with Philosophy categories.
The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.
Ranciere And Law
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Author : Monica Lopez Lerma
language : en
Publisher: Routledge
Release Date : 2017-11-06
Ranciere And Law written by Monica Lopez Lerma and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-06 with Law categories.
This book is the first to approach Jacques Rancière’s work from a legal perspective. A former student of Louis Althusser, Rancière is one of the most important contemporary French philosophers of recent decades: offering an original and path-breaking way to think politics, democracy and aesthetics. Rancière’s work has received wide and increasing critical attention, but no study exists so far that reflects on the wider implications of Rancière for law and for socio-legal studies. Although Rancière does not pay much specific attention to law—and there is a strong temptation to identify law with what he terms the "police order"—much of Rancière’s historical work highlights the creative potential of law and legal language, with important legal implications and ramifications. So, rather than excavate the Rancièrean corpus for isolated statements about the law, this volume reverses such a method and asks: what would a Rancière-inspired legal theory look like? Bringing together specialists and scholars in different areas of law, critical theory and philosophy, this rethinking of law and socio-legal studies through Rancière provides an original and important engagement with a range of contemporary legal topics, including constituent power and democracy, legal subjectivity, human rights, practices of adjudication, refugees, the nomos of modernity, and the sensory configurations of law. It will, then, be of considerable interest to those working in these areas.
The Ethics Of Justice Without Illusions
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Author : Louis E. Wolcher
language : en
Publisher: Routledge
Release Date : 2016-06-17
The Ethics Of Justice Without Illusions written by Louis E. Wolcher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
The founding premise of this book is that the nimbus of prestige, which once surrounded the idea of justice, has now been dimmed to such a degree that it is no longer sufficient to secure the possibility of a good conscience for those who undertake, in good faith, to make the world a better place in the spheres of politics and law. The many decent human beings who have noticed and experienced this diminishment of justice’s prestige find themselves in a thoroughly disenchanted existential situation. For them, the attempt to do justice without the illusion of being grounded in something beyond the sheer facticity of their own performances is a distinctly ethical theme, which cries out to be investigated in its own right. Heeding the cry, this book asks and attempts to answer the following fundamental ethical question: is a life in the law – even one spent in the pursuit of justice – worth living, and if so, how can a disenchanted person come to bear the living of it without constantly having to engage in self-deception? If Nietzsche is right that living without illusions is impossible for human beings, then the most important ethical implication of this essentially anthropological fact goes far beyond the question of what illusions we ought to choose. It must also include the question of whether we should succumb to that most seductive and pernicious of all illusions: namely, the belief that exercising great care and responsibility in choosing our illusions – which we might then call our ‘principles of justice’ – excuses us ethically for what we do to others in their name. The culmination of a 10 year legal-philosophical project, this book will appeal to graduate students, scholars and curious non-academic intellectuals interested in continental philosophy, critical legal theory, postmodern theology, the philosophy of human rights and the study of individual ethics in the context of law.
Ethics
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Author : Louis E. Wolcher
language : en
Publisher: Routledge
Release Date : 2020-12-29
Ethics written by Louis E. Wolcher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-29 with Law categories.
This book examines ethics at the intersection of law and justice. If law and justice are concerned with collectively establishing the general terms on which the plurality called "we" share the earth as social beings, then ethics concerns the individual Self’s particular moral relationship with the Other. Law, the acknowledged offspring of politics, represents the kind of might that most people accept as legitimate, at least most of the time. Justice, on the other hand, is supposed to vigilantly stand guard over law: to protect us against its biases and excesses, or, at the very least, to rise up and reproach the law whenever it permits or encourages injustice. But what if the belief that a particular legally-authorized state of affairs is "just" – a common enough feeling, especially amongst the privileged – or even "unjust" and in need of correction, were itself in need of a vigilant guardian? This book argues that ethics can and should stand guard over whatever image of justice and/or just law one happens to believe in. The book thus attempts to steer a perilous course between two looming moral hazards: ethics interpreted as the rational production of ethically correct behavior (as in Kant) and ethics interpreted as the spontaneous eruption of pre-rational compassion for the suffering of the Other, come what may (as in Levinas). In the end, the book characterizes ethical life in the law as the more-or-less constant experience of the paradoxical nature of this choice – a feeling of inescapable personal responsibility for the fate of the Other. Based on the author’s well-established expertise in the area, this book will appeal to students, scholars and others with interests in legal theory and moral and political philosophy.
A Relational Moral Theory
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Author : Thaddeus Metz
language : en
Publisher: Oxford University Press
Release Date : 2021-12-23
A Relational Moral Theory written by Thaddeus Metz 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 2021-12-23 with Philosophy categories.
A Relational Moral Theory draws on neglected resources from the Global South and especially the African philosophical tradition to provide a new answer to a perennial philosophical question: what do all morally right actions have in common as distinct from wrong ones? Metz points out that the principles of utility and of respect for autonomy, the two rivals that have dominated western moral theory for the last two centuries, share an individualist premise. Once that common assumption is replaced by a relational perspective given prominence in African ethical thought, a different comprehensive principle, one focused on harmony or friendliness, emerges. Metz argues that this principle corrects the blind spots of the western moral principles, and has implications for a wide array of controversies in applied ethics that an international audience of moral philosophers, professional ethicists, and similar thinkers will find compelling.