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After National Democracy: Rights, Law and Power in America and the New Europe (Oñati International Series in Law and Society)
by Lars TrägårdhThe “imagined community” of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the “national economy” In this book a number of authors – historians, legal scholars, political theorists – consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?
After Meaning: The Sovereignty of Forms in International Law (Elgar Studies in Legal Theory)
by Jean d’AspremontInspiring 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.In challenging the dominant meaning-centrism of the international legal discourse and shedding light on the sovereignty of forms, this book promotes a radical new attitude towards textuality in international law. The author offers new perspectives on interpretation, critique, history, comparison, translation and referencing, inviting international lawyers to reinvent their engagement with these discourses. Chapters define meaning and form in international law, explore deferral of meaning and make an unprecedented use of post-structuralist theory to rethink international law.After Meaning will be an essential reference point for legal scholars, researchers and students who seek to understand a different way of thinking about meaning in international law. The book’s engagement with post-structuralism will also prove beneficial to anyone interested in the philosophy of language and literary theory.
AFTER MARRIAGE C: Rethinking Marital Relationships
by Elizabeth BrakeThis collection of essays by liberal and feminist philosophers addresses the question of whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and non-romantic friendships. In response, Simon May argues that marriage law can be justified without an illiberal appeal to an ideal relationship type, and Ralph Wedgwood argues that the liberal values which justify same-sex marriage do not justify further extension. Other authors argue for new legal forms for intimate relationships. Marriage abolitionist Clare Chambers argues that piecemeal directives rather than relationship contracts should replace marriage, and Samantha Brennan and Bill Cameron argue for separating marriage and parenting, with parenting rather than marriage becoming, legally and socially, the foundation of the family. Elizabeth Brake argues for a non-hierarchical friendship model for marriage. Peter de Marneffe argues that polygamy should be decriminalized, but that the liberal state need not recognize it, while Laurie Shrage argues that polygamy could be legally structured to protect privacy and equality. Dan Nolan argues for temporary marriage as a legal option, while Anca Gheaus argues that marital commitments are problematic instruments for securing the good of romantic and sexual love. Taken together, these essays challenge contemporary understandings of marriage and the state's role in it.
After Marriage: Rethinking Marital Relationships
by Elizabeth BrakeThis collection of essays by liberal and feminist philosophers addresses the question of whether marriage reform ought to stop with same-sex marriage. Some philosophers have recently argued that marriage is illiberal and should be abolished or radically reformed to include groups and non-romantic friendships. In response, Simon May argues that marriage law can be justified without an illiberal appeal to an ideal relationship type, and Ralph Wedgwood argues that the liberal values which justify same-sex marriage do not justify further extension. Other authors argue for new legal forms for intimate relationships. Marriage abolitionist Clare Chambers argues that piecemeal directives rather than relationship contracts should replace marriage, and Samantha Brennan and Bill Cameron argue for separating marriage and parenting, with parenting rather than marriage becoming, legally and socially, the foundation of the family. Elizabeth Brake argues for a non-hierarchical friendship model for marriage. Peter de Marneffe argues that polygamy should be decriminalized, but that the liberal state need not recognize it, while Laurie Shrage argues that polygamy could be legally structured to protect privacy and equality. Dan Nolan argues for temporary marriage as a legal option, while Anca Gheaus argues that marital commitments are problematic instruments for securing the good of romantic and sexual love. Taken together, these essays challenge contemporary understandings of marriage and the state's role in it.
After Life
by Eugene ThackerLife is one of our most basic concepts, and yet when examined directly it proves remarkably contradictory and elusive, encompassing both the broadest and the most specific phenomena. We can see this uncertainty about life in our habit of approaching it as something at once scientific and mystical, in the return of vitalisms of all types, and in the pervasive politicization of life. In short, life seems everywhere at stake and yet is nowhere the same. In After Life, Eugene Thacker clears the ground for a new philosophy of life by recovering the twists and turns in its philosophical history. Beginning with Aristotle’s originary formulation of a philosophy of life, Thacker examines the influence of Aristotle’s ideas in medieval and early modern thought, leading him to the work of Immanuel Kant, who notes the inherently contradictory nature of “life in itself.” Along the way, Thacker shows how early modern philosophy’s engagement with the problem of life affects thinkers such as Gilles Deleuze, Georges Bataille, and Alain Badiou, as well as contemporary developments in the “speculative turn” in philosophy. At a time when life is categorized, measured, and exploited in a variety of ways, After Life invites us to delve deeper into the contours and contradictions of the age-old question, “what is life?”
After Life
by Eugene ThackerLife is one of our most basic concepts, and yet when examined directly it proves remarkably contradictory and elusive, encompassing both the broadest and the most specific phenomena. We can see this uncertainty about life in our habit of approaching it as something at once scientific and mystical, in the return of vitalisms of all types, and in the pervasive politicization of life. In short, life seems everywhere at stake and yet is nowhere the same. In After Life, Eugene Thacker clears the ground for a new philosophy of life by recovering the twists and turns in its philosophical history. Beginning with Aristotle’s originary formulation of a philosophy of life, Thacker examines the influence of Aristotle’s ideas in medieval and early modern thought, leading him to the work of Immanuel Kant, who notes the inherently contradictory nature of “life in itself.” Along the way, Thacker shows how early modern philosophy’s engagement with the problem of life affects thinkers such as Gilles Deleuze, Georges Bataille, and Alain Badiou, as well as contemporary developments in the “speculative turn” in philosophy. At a time when life is categorized, measured, and exploited in a variety of ways, After Life invites us to delve deeper into the contours and contradictions of the age-old question, “what is life?”
After Life
by Eugene ThackerLife is one of our most basic concepts, and yet when examined directly it proves remarkably contradictory and elusive, encompassing both the broadest and the most specific phenomena. We can see this uncertainty about life in our habit of approaching it as something at once scientific and mystical, in the return of vitalisms of all types, and in the pervasive politicization of life. In short, life seems everywhere at stake and yet is nowhere the same. In After Life, Eugene Thacker clears the ground for a new philosophy of life by recovering the twists and turns in its philosophical history. Beginning with Aristotle’s originary formulation of a philosophy of life, Thacker examines the influence of Aristotle’s ideas in medieval and early modern thought, leading him to the work of Immanuel Kant, who notes the inherently contradictory nature of “life in itself.” Along the way, Thacker shows how early modern philosophy’s engagement with the problem of life affects thinkers such as Gilles Deleuze, Georges Bataille, and Alain Badiou, as well as contemporary developments in the “speculative turn” in philosophy. At a time when life is categorized, measured, and exploited in a variety of ways, After Life invites us to delve deeper into the contours and contradictions of the age-old question, “what is life?”
After Legal Equality: Family, Sex, Kinship (PDF)
by Robert LeckeyGroups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.
After Legal Equality: Family, Sex, Kinship (Social Justice)
by Robert LeckeyGroups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.
After Legal Equality: Family, Sex, Kinship (Social Justice)
by Robert LeckeyGroups seeking legal equality often take a victory as the end of the line. Once judgment is granted or a law is passed, coalitions disband and life goes on in a new state of equality. Policy makers too may assume that a troublesome file is now closed. This collection arises from the urgent sense that law reforms driven by equality call for fresh lines of inquiry. In unintended ways, reforms may harm their intended beneficiaries. They may also worsen the disadvantage of other groups. Committed to tackling these important issues beyond the boundaries that often confine legal scholarship, this book pursues an interdisciplinary consideration of efforts to advance equality, as it explores the developments, challenges, and consequences that arise from law reforms aiming to deliver equality in the areas of sexuality, kinship, and family relations. With an international array of contributors, After Legal Equality: Family, Sex, Kinship will be an invaluable resource for those with interests in this area.
After Injury: A Historical Anatomy of Forgiveness, Resentment, and Apology
by Ashraf H.A. RushdyAfter Injury explores the practices of forgiveness, resentment, and apology in three key moments when they were undergoing a dramatic change. The three moments are early Christian history (for forgiveness), the shift from British eighteenth-century to Continental nineteenth-century philosophers (for resentment), and the moment in the 1950s postwar world in which British ordinary language philosophers and American sociologists of everyday life theorized what it means to express or perform an apology. The debates that arose in those key moments have largely defined our contemporary study of these practices.
After Injury: A Historical Anatomy of Forgiveness, Resentment, and Apology
by Ashraf H.A. RushdyAfter Injury explores the practices of forgiveness, resentment, and apology in three key moments when they were undergoing a dramatic change. The three moments are early Christian history (for forgiveness), the shift from British eighteenth-century to Continental nineteenth-century philosophers (for resentment), and the moment in the 1950s postwar world in which British ordinary language philosophers and American sociologists of everyday life theorized what it means to express or perform an apology. The debates that arose in those key moments have largely defined our contemporary study of these practices.
After Imprisonment: Special Issue (Studies in Law, Politics, and Society #77)
by Austin SaratStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to life after imprisonment. The chapters examine issues around offender rehabilitation, mass incarceration, and overcriminalization. Other papers included in this important volume address the shift in attitudes to solitary confinement (and the prospect of moving beyond solitary confinement measures) and private prison services. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.
After Imprisonment: Special Issue (Studies in Law, Politics, and Society #77)
by Austin SaratStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to life after imprisonment. The chapters examine issues around offender rehabilitation, mass incarceration, and overcriminalization. Other papers included in this important volume address the shift in attitudes to solitary confinement (and the prospect of moving beyond solitary confinement measures) and private prison services. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.
After Identity: A Reader in Law and Culture
by Dan Danielsen Karen EngleAuthored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.
After Identity: A Reader in Law and Culture
by Dan Danielsen Karen EngleAuthored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.
After Harm: Medical Error and the Ethics of Forgiveness
by Nancy BerlingerMedical error is a leading problem of health care in the United States. Each year, more patients die as a result of medical mistakes than are killed by motor vehicle accidents, breast cancer, or AIDS. While most government and regulatory efforts are directed toward reducing and preventing errors, the actions that should follow the injury or death of a patient are still hotly debated. According to Nancy Berlinger, conversations on patient safety are missing several important components: religious voices, traditions, and models. In After Harm, Berlinger draws on sources in theology, ethics, religion, and culture to create a practical and comprehensive approach to addressing the needs of patients, families, and clinicians affected by medical error. She emphasizes the importance of acknowledging fallibility, telling the truth, confronting feelings of guilt and shame, and providing just compensation. After Harm adds important human dimensions to an issue that has profound consequences for patients and health care providers.
After Ethics: Ancestral Voices and Post-Disciplinary Worlds in Archaeology (Ethical Archaeologies: The Politics of Social Justice #3)
by Alejandro Haber Nick ShepherdWhile books on archaeological and anthropological ethics have proliferated in recent years, few attempt to move beyond a conventional discourse on ethics to consider how a discussion of the social and political implications of archaeological practice might be conceptualized differently. The conceptual ideas about ethics posited in this volume make it of interest to readers outside of the discipline; in fact, to anyone interested in contemporary debates around the possibilities and limitations of a discourse on ethics. The authors in this volume set out to do three things. The first is to track the historical development of a discussion around ethics, in tandem with the development and “disciplining” of archaeology. The second is to examine the meanings, consequences and efficacies of a discourse on ethics in contemporary worlds of practice in archaeology. The third is to push beyond the language of ethics to consider other ways of framing a set of concerns around rights, accountabilities and meanings in relation to practitioners, descendent and affected communities, sites, material cultures, the ancestors and so on.
After Enron: Improving Corporate Law and Modernising Securities Regulation in Europe and the US
by John Armour Joseph A McCaheryAt the end of the twentieth century it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place. "This collection of papers by leading US and European corporate law scholars provides fresh and rigorous analyses of the recent corporate governance scandals and the strategies devised by regulators to guard against future governance failures."Randall Thomas, John Beasley Professor of Law and Business, Vanderbilt University School of Law, Vanderbilt University.
After Deportation: Ethnographic Perspectives
by Shahram KhosraviThis book analyses post-deportation outcomes and focuses on what happens to migrants and failed asylum seekers after deportation. Although there is a growing literature on detention and deportation, academic research on post-deportation is scarce. The book produces knowledge about the consequences of forced removal for deportee’s adjustment and “reintegration” in so-called “home” country. As the pattern of migration changes, new research approaches are needed. This book contributes to establish a more multifaceted picture of criminalization of migration and adds novel aspects and approaches, both theoretically and empirically, to the field of migration research.
After Deportation: Ethnographic Perspectives
by Shahram KhosraviThis book analyses post-deportation outcomes and focuses on what happens to migrants and failed asylum seekers after deportation. Although there is a growing literature on detention and deportation, academic research on post-deportation is scarce. The book produces knowledge about the consequences of forced removal for deportee’s adjustment and “reintegration” in so-called “home” country. As the pattern of migration changes, new research approaches are needed. This book contributes to establish a more multifaceted picture of criminalization of migration and adds novel aspects and approaches, both theoretically and empirically, to the field of migration research.
After Civil Rights: Racial Realism in the New American Workplace
by John D. SkrentnyWhat role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real--as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.
After Civil Rights: Racial Realism in the New American Workplace (PDF)
by John D. SkrentnyWhat role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real--as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.
After Brexit: Consequences for the European Union
by Nazaré da Costa Cabral José Renato Gonçalves Nuno Cunha RodriguesThis topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.
After Brexit: Consequences for the European Union (PDF)
by Nazaré da Costa Cabral José Renato Gonçalves Nuno Cunha RodriguesThis topical and important book identifies the short to medium-term economic, financial and social consequences of Brexit. Containing perspectives from leading thinkers across legal, economic and financial fields, it considers both the general effect of UK withdrawal on the European integration process, and the specific impact on the free movement of capital, goods and people. Addressing the main areas within both the UK and the EU that can and will be affected by Brexit, including the financial sector, immigration, social rights and social security, After Brexit: Consequences for the European Union will make fascinating reading for all those currently engaged in the study and practice of Law, Economics, Finance, Political Science, Philosophy, History and International Affairs.