New Critical Legal Thinking Law and the Political 1st Edition by Matthew Stone, Illan rua Wall, Costas Douzinas 0415619572 9780415619578

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ISBN 10: 0415619572
ISBN 13: 9780415619578
Author: Matthew Stone, Illan Rua Wall, Costas Douzinas

New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.

New Critical Legal Thinking Law and the Political Table of contents:

Part I Resistance, dissensus and the subject
1 Human rights: confronting governments? Michel Foucault and the right to intervene
Foucault’s critique of rights
A boat for Vietnam
The right of the governed
Masking domination: the afterlife of the right to intervene
2 Stasis Syntagma: The names and types of resistance
On naming
The sequence December-Syntagma
3 A different constituent power: Agamben and Tunisia
Introduction
Ben Ali: biopolitics and sovereignty
Constituent power and the problem of biopolitics
Conclusion
4 Para-protest: Reading a parody of police gesture as political protest with Giorgio Agamben
Introduction
Understanding the ‘Tranny Cops’ as (Agambenian) parody
Two non-acts
A summary, some consequences, some differences
Conclusion
Part II The state, violence and biopolitics
5 The distribution of death: notes towards a bio-political theory of criminal law
Introduction
Bio-politics and (the distribution of) death
The distribution of death through the criminal sanction
Conclusion
6 Disassembling legal form: Ownership and the racial body
Two theories of the legal form and some deficits
Moore v Regents: self-possession interrupted
Conclusion: determining selves in an era of new bodily technologies
7 Being, nothing, becoming: Hegel and the legal order
Introduction
8 Faith and resignation: A journey through international law
Prologue: the structure of enquiry
(In)determinacy and (in)justice
An important limit to radical indeterminacy
Redeeming the law (again)
Tools and traps: being resigned to law
The radical rejectionists
A return to resignation
Good and bad faith: narcissism and impossibility
9 Economy or law?
Part III Futures of critical legal thinking
10 Before the law, encounters at the borderline
Before the law
The Mulla
On the road into exile
The compositor
In the end
11 Life beyond law: Questioning a return to origins
Introduction
The essence of law
Excursus on biopolitics
Resistance and ethics
Ethics, immunity and allergy
12 Notes for a novella of the future
Introduction: critique and Latin American philosophy
Plunder as historical and narrative motif
The madness of modern politics
Historians of the future describe our current legislative arrangements
13 Towards a radical cosmopolitanism
Introduction
Kynicism as point of departure
The law of freedom or Kant with Diogenes
Acosmic cosmology
Conclusion
Bibliography
Cases cited

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Tags: New Critical, Legal Thinking, the Political, Matthew Stone, Illan rua Wall, Costas Douzinas