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Author: Amy Swiffen
Publisher: Routledge
ISBN: 1136851674
Category : Law
Languages : en
Pages : 280
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Book Description
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.
Author: Amy Swiffen
Publisher: Routledge
ISBN: 1136851674
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.
Author: Catherine Mills
Publisher: Springer Science & Business Media
ISBN: 9400714270
Category : Philosophy
Languages : en
Pages : 140
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Book Description
Issues in reproductive ethics, such as the capacity of parents to ‘choose children’, present challenges to philosophical ideas of freedom, responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.
Author: Christopher Mayes
Publisher: Routledge
ISBN: 1317382366
Category : Political Science
Languages : en
Pages : 160
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Book Description
A growing sense of urgency over obesity at the national and international level has led to a proliferation of medical and non-medical interventions into the daily lives of individuals and populations. This work focuses on the biopolitical use of lifestyle to govern individual choice and secure population health from the threat of obesity. The characterization of obesity as a threat to society caused by the cumulative effect of individual lifestyles has led to the politicization of daily choices, habits and practices as potential threats. This book critically examines these unquestioned assumptions about obesity and lifestyle, and their relation to wider debates surrounding neoliberal governmentality, biopolitical regulation of populations, discipline of bodies, and the possibility of community resistance. The rationale for this book follows Michel Foucault’s approach of problematization, addressing the way lifestyle is problematized as a biopolitical domain in neoliberal societies. Mayes argues that in response to the threat of obesity, lifestyle has emerged as a network of disparate knowledges, relations and practices through which individuals are governed toward the security of the population’s health. Although a central focus is government health campaigns, this volume demonstrates that the network of lifestyle emanates from a variety of overlapping domains and disciplines, including public health, clinical medicine, media, entertainment, school programs, advertising, sociology and ethics. This book offers a timely critique of the continued interventions into the lives of individuals and communities by government agencies, private industries, medical and non-medical experts in the name of health and population security and will be of interests to students and scholars of critical international relations theory, health and bioethics and governmentality studies.
Author: Irus Braverman
Publisher: Routledge
ISBN: 1317374045
Category : Law
Languages : en
Pages : 236
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Book Description
Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise—from law, geography, and anthropology, through animal studies and posthumanism, to science and technology studies—this interdisciplinary collection asks what, in legal terms, it means to be human and nonhuman, what it means to govern and to be governed, and what are the ethical and political concerns that emerge in the project of governing not only human but also more-than-human life.
Author: Cary Wolfe
Publisher: University of Chicago Press
ISBN: 0226922405
Category : Education
Languages : en
Pages : 153
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Book Description
Animal studies and biopolitics are two of the most dynamic areas of interdisciplinary scholarship, but until now, they have had little to say to each other. Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics. Wolfe argues that the human-animal distinction must be supplemented with the central distinction of biopolitics: the difference between those animals that are members of a community and those that are deemed killable but not murderable. From this understanding, we can begin to make sense of the fact that this distinction prevails within both the human and animal domains and address such difficult issues as why we afford some animals unprecedented levels of care and recognition while subjecting others to unparalleled forms of brutality and exploitation. Engaging with many major figures in biopolitical thought—from Heidegger, Arendt, and Foucault to Agamben, Esposito, and Derrida—Wolfe explores how biopolitics can help us understand both the ethical and political dimensions of the current questions surrounding the rights of animals.
Author: Osagie K. Obasogie
Publisher: Univ of California Press
ISBN: 0520277821
Category : Law
Languages : en
Pages : 546
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Book Description
"For several decades, the field of bioethics has played a dominant role in shaping the way society thinks about ethical problems related to developments in science, technology, and medicine. But its traditional emphases on, for example, doctor-patient relationships, informed consent, and individual autonomy have led the field to not be fully responsive to the challenges posed by new human biotechnologies such as assisted reproduction, human genetic enhancement, and DNA forensics. Beyond Bioethics provides a focused overview for students and others grappling with the profound social dilemmas posed by these developments. It brings together the work of cutting-edge thinkers from diverse fields of study and public engagement, all of them committed to a new perspective that is grounded in social justice and public interest values. The contributors to this volume seek to define an emerging field of scholarly, policy, and public concern: a new biopolitics."--Provided by publisher.
Author: Hagai Boas
Publisher: Cambridge University Press
ISBN: 1107159849
Category : Law
Languages : en
Pages : 333
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Book Description
A collection of studies in bioethics and society that goes beyond conventional medical ethics and suggests political, socio-legal, and empirical analysis.
Author: Joseph Pugliese
Publisher: Duke University Press
ISBN: 1478009071
Category : Political Science
Languages : en
Pages : 178
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Book Description
In Biopolitics of the More-Than-Human Joseph Pugliese examines the concept of the biopolitical through a nonanthropocentric lens, arguing that more-than-human entities—from soil and orchards to animals and water—are actors and agents in their own right with legitimate claims to justice. Examining occupied Palestine, Guantánamo, and sites of US drone strikes in Afghanistan, Pakistan, Somalia, and Yemen, Pugliese challenges notions of human exceptionalism by arguing that more-than-human victims of war and colonialism are entangled with and subject to the same violent biopolitical regimes as humans. He also draws on Indigenous epistemologies that invest more-than-human entities with judicial standing to argue for an ethico-legal framework that will enable the realization of ecological justice. Bringing the more-than-human world into the purview of justice, Pugliese makes visible the ecological effects of human war that would otherwise remain outside the domains of biopolitics and law.
Author: Vanessa Lemm
Publisher: Fordham Univ Press
ISBN: 0823255999
Category : Philosophy
Languages : en
Pages : 261
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Book Description
Foucault’s late work on biopolitics and governmentality has established him as the fundamental thinker of contemporary continental political thought and as a privileged source for our current understanding of neoliberalism and its technologies of power. In this volume, an international and interdisciplinary group of Foucault scholars examines his ideas of biopower and biopolitics and their relation to his project of a history of governmentality and to a theory of the subject found in his last courses at the College de France. Many of the chapters engage critically with the Italian theoretical reception of Foucault. At the same time, the originality of this collection consists in the variety of perspectives and traditions of reception brought to bear upon the problematic connections between biopolitics and governmentality established by Foucault’s last works.
Author: Vito De Lucia
Publisher: Routledge
ISBN: 1351366521
Category : Law
Languages : en
Pages : 257
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Book Description
The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.
