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A Foucauldian Approach to International Law

A Foucauldian Approach to International Law PDF Author: Leonard M. Hammer
Publisher: Routledge
ISBN: 1317188209
Category : Law
Languages : en
Pages : 162

Book Description
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

A Foucauldian Approach to International Law PDF Author: Leonard M. Hammer
Publisher: Routledge
ISBN: 1317188209
Category : Law
Languages : en
Pages : 162

Book Description
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

A Foucauldian Approach to International Law PDF Author: Leonard M. Hammer
Publisher: Routledge
ISBN: 1317188195
Category : Law
Languages : en
Pages : 134

Book Description
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

Foucauldian Interpretation of Modern Law PDF Author: Martire Jacopo Martire
Publisher: Edinburgh University Press
ISBN: 1474411940
Category : Philosophy
Languages : en
Pages : 321

Book Description
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.

Foucault, Freedom and Sovereignty

Foucault, Freedom and Sovereignty PDF Author: Sergei Prozorov
Publisher: Routledge
ISBN: 1317133757
Category : Political Science
Languages : en
Pages : 180

Book Description
Against the prevailing interpretations which disqualify a Foucauldian approach from the discourse of freedom, this study offers a novel concept of political freedom and posits freedom as the primary axiological motif of Foucault's writing. Based on a new interpretation of the relation of Foucault's approach to the problematic of sovereignty, Sergei Prozorov both reconstructs ontology of freedom in Foucault's textual corpus and outlines the modalities of its practice in the contemporary terrain of global governance. The book critically engages with the acclaimed post-Foucauldian theories of Giorgio Agamben and Antonio Negri, thereby restoring the controversial notion of the sovereign subject to the critical discourse on global politics. As a study in political thought, this book will be suitable for students and scholars interested in the problematic of political freedom, philosophy and global governance.

Foucault and International Relations

Foucault and International Relations PDF Author: Nicholas J. Kiersey
Publisher: Routledge
ISBN: 131798675X
Category : Philosophy
Languages : en
Pages : 301

Book Description
The recent debate about biopolitics in International Relations (IR) theory may well prove to be one of the most provocative and rewarding engagements with the concept of power in the history of the discipline. Building on Foucault's arguments concerning the role played by the concept of security in 19th-century liberal government, numerous IR scholars are now arguing for the relevance of his theories of biopolitics and governmentality for understanding the Global War on Terror (GWOT) and broader issues of security and governance in the post 9/11 world. Conversely, others have criticized this idea. Marxist and Communitarian scholars have challenged the notion that the category of biopolitics can be 'scaled' up to the level of international relations with any analytical precision. This edited volume covers these debates in IR with a series of critical engagements with Foucault's own thought and its increasing relevance for understanding international relations in the post 9/11 world. This book was based on a special issue of Global Society.

Foucault and the Politics of Rights

Foucault and the Politics of Rights PDF Author: Ben Golder
Publisher: Stanford University Press
ISBN: 0804796513
Category : Political Science
Languages : en
Pages : 261

Book Description
This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to this puzzle, which is that Foucault approaches rights in a spirit of creative and critical appropriation. He uses rights strategically for a range of political purposes that cannot be reduced to a simple endorsement of political liberalism. Golder develops this interpretation of Foucault's work while analyzing its shortcomings and relating it to the approaches taken by a series of current thinkers also engaged in considering the place of rights in contemporary politics, including Wendy Brown, Judith Butler, and Jacques Rancière.

The Limits of International Law

The Limits of International Law PDF Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 0199883378
Category : Law
Languages : en
Pages : 272

Book Description
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Research Methodologies in EU and International Law

Research Methodologies in EU and International Law PDF Author: Tamara Hervey
Publisher: Bloomsbury Publishing
ISBN: 1847316417
Category : Law
Languages : en
Pages : 144

Book Description
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.

Foucault and the Government of Disability

Foucault and the Government of Disability PDF Author: Shelley Lynn Tremain
Publisher: University of Michigan Press
ISBN: 0472121278
Category : Philosophy
Languages : en
Pages : 440

Book Description
Foucault and the Government of Disability considers the continued relevance of Foucault to disability studies, as well as the growing significance of disability studies to understandings of Foucault. A decade ago, this international collection provocatively responded to Foucault’s call to question what is regarded as natural, inevitable, ethical, and liberating. The book’s contributors draw on Foucault to scrutinize a range of widely endorsed practices and ideas surrounding disability, including rehabilitation, community care, impairment, normality and abnormality, inclusion, prevention, accommodation, and special education. In this revised and expanded edition, four new essays extend and elaborate the lines of inquiry by problematizing (to use Foucault’s term) the epistemological, political, and ethical character of the supercrip, the racialized war on autism, the performativity of intellectual disability, and the potent mixture of neoliberalism and biopolitics in the context of physician-assisted suicide. “[A]n important, prescient, and necessary contribution...a kind of litmus test for the efficacy of Foucault’s concepts in the study of disability, concepts that lead to a refusal of the biological essentialism implied in the disability/impairment binary.” —Foucault Studies “Tremain has done an exceptional job at organizing and procuring important, rigorously argued, and entertaining essays.... This book should be a mandatory read for anyone interested in contemporary philosophical debates surrounding the experience of disability." —Essays in Philosophy “A beautiful exploration of how Foucault’s analytics of power and genealogies of discursive knowledges can open up new avenues for thinking critically about phenomena that many of us take to be inevitable and thus new ways of resisting and possibly at times redirecting the forces that shape our lives. Every scholar, every person with an interest in Foucault or in political theory generally, needs to read this book.” —Ladelle McWhorter, University of Richmond

Foucault and the Modern International

Foucault and the Modern International PDF Author: Philippe Bonditti
Publisher: Springer
ISBN: 1137561580
Category : Political Science
Languages : en
Pages : 375

Book Description
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.