On the Idea of Potency: Juridical and Theological Roots of the Western Cultural Tradition, Emanuele Castrucci
Название: Cultural Studies and the `Juridical Turn` ISBN: 1138642843 ISBN-13(EAN): 9781138642843 Издательство: Taylor&Francis Рейтинг: Цена: 142910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary.
The collection not only charts the law and cultural policy as they exert their powerful--if often overlooked--influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
Автор: Van Der Kaaij H. D. S. Название: The Juridical ACT: A Study of the Theoretical Concept of an ACT That Aims to Create New Legal Facts ISBN: 3030155919 ISBN-13(EAN): 9783030155919 Издательство: Springer Рейтинг: Цена: 79190.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws.The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts.Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
Автор: Gavin Rae Название: Critiquing Sovereign Violence: Law, Biopolitics, Bio-Juridicalism ISBN: 1474445284 ISBN-13(EAN): 9781474445283 Издательство: Bloomsbury Academic Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Criticises the historically dominant classic-juridical model of sovereign violence and defends a bio-juridical model instead
Works across the disciplines of critical theory, political theory, biopolitical theory, poststructuralism and deconstruction
Develops three models - radical-juridical, biopolitical, and bio-juridical - to understand contemporary debates
Situates current thinking in relation to the classic-juridical model, thereby linking contemporary debates to historical ones
Moves beyond the dominant biopolitical model to a bio-juridical paradigm
Gavin Rae offers an original approach to sovereign violence by looking at a wide range of thinkers, which he organises into three models. Benjamin, Schmitt, Arendt, Deleuze and Guattari form the radical-juridical perspective; Foucault and Agamben the biopolitical; Derrida the bio-juridical - which Rae argues produces the most nuanced account.
Rae engages with new translations of 'The Beast and the Sovereign' and 'The Death Penalty' to show that Derrida offers a radical and alternative angle in which violence is placed between law and life, simultaneously creating and regulating each through the other.
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