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Author: Jana Norman
Publisher: Routledge
ISBN: 1000424847
Category : Law
Languages : en
Pages : 195
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Book Description
This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.
Author: Jana Norman
Publisher: Routledge
ISBN: 1000424847
Category : Law
Languages : en
Pages : 195
Get Book Here
Book Description
This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.
Author: Anna Grear
Publisher:
ISBN: 9781802203332
Category : Climatic changes
Languages : en
Pages : 168
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Book Description
How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.
Author: Matilda Arvidsson
Publisher: Taylor & Francis
ISBN: 1003829171
Category : Law
Languages : en
Pages : 312
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Book Description
Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Cary Wolfe
Publisher: U of Minnesota Press
ISBN: 0816666148
Category : Philosophy
Languages : en
Pages : 394
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Book Description
What does it mean to think beyond humanism? Is it possible to craft a mode of philosophy, ethics, and interpretation that rejects the classic humanist divisions of self and other, mind and body, society and nature, human and animal, organic and technological? Can a new kind of humanities-posthumanities-respond to the redefinition of humanity's place in the world by both the technological and the biological or "green" continuum in which the "human" is but one life form among many? Exploring how both critical thought along with cultural practice have reacted to this radical repositioning, Cary Wolfe-one of the founding figures in the field of animal studies and posthumanist theory-ranges across bioethics, cognitive science, animal ethics, gender, and disability to develop a theoretical and philosophical approach responsive to our changing understanding of ourselves and our world. Then, in performing posthumanist readings of such diverse works as Temple Grandin's writings, Wallace Stevens's poetry, Lars von Trier's Dancer in the Dark, the architecture of Diller+Scofidio, and David Byrne and Brian Eno's My Life in the Bush of Ghosts, he shows how this philosophical sensibility can transform art and culture. For Wolfe, a vibrant, rigorous posthumanism is vital for addressing questions of ethics and justice, language and trans-species communication, social systems and their inclusions and exclusions, and the intellectual aspirations of interdisciplinarity. In What Is Posthumanism? he carefully distinguishes posthumanism from transhumanism (the biotechnological enhancement of human beings) and narrow definitions of the posthuman as the hoped-for transcendence of materiality. In doing so, Wolfe reveals that it is humanism, not the human in all its embodied and prosthetic complexity, that is left behind in posthumanist thought.
Author: Rosi Braidotti
Publisher: John Wiley & Sons
ISBN: 0745669964
Category : Social Science
Languages : en
Pages : 202
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Book Description
The Posthuman offers both an introduction and major contribution to contemporary debates on the posthuman. Digital 'second life', genetically modified food, advanced prosthetics, robotics and reproductive technologies are familiar facets of our globally linked and technologically mediated societies. This has blurred the traditional distinction between the human and its others, exposing the non-naturalistic structure of the human. The Posthuman starts by exploring the extent to which a post-humanist move displaces the traditional humanistic unity of the subject. Rather than perceiving this situation as a loss of cognitive and moral self-mastery, Braidotti argues that the posthuman helps us make sense of our flexible and multiple identities. Braidotti then analyzes the escalating effects of post-anthropocentric thought, which encompass not only other species, but also the sustainability of our planet as a whole. Because contemporary market economies profit from the control and commodification of all that lives, they result in hybridization, erasing categorical distinctions between the human and other species, seeds, plants, animals and bacteria. These dislocations induced by globalized cultures and economies enable a critique of anthropocentrism, but how reliable are they as indicators of a sustainable future? The Posthuman concludes by considering the implications of these shifts for the institutional practice of the humanities. Braidotti outlines new forms of cosmopolitan neo-humanism that emerge from the spectrum of post-colonial and race studies, as well as gender analysis and environmentalism. The challenge of the posthuman condition consists in seizing the opportunities for new social bonding and community building, while pursuing sustainability and empowerment.
Author: Dorota Gozdecka
Publisher: Routledge
ISBN: 1351040405
Category : Law
Languages : en
Pages : 280
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Book Description
There is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a ‘new feminism’ that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?
Author: Bruce Clarke
Publisher: Cambridge University Press
ISBN: 1107086205
Category : Education
Languages : en
Pages : 273
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Book Description
This book gathers diverse critical treatments from fifteen scholars of the posthuman and posthumanism together in a single volume.
Author: Harison Citrawan
Publisher: Taylor & Francis
ISBN: 1040268714
Category : Law
Languages : en
Pages : 250
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Book Description
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.
Author: Marie-Catherine Petersmann
Publisher: Cambridge University Press
ISBN: 1009027980
Category : Law
Languages : en
Pages : 317
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Book Description
Conflicts between environmental protection laws and human rights present delicate trade-offs when concerns for social and ecological justice are increasingly intertwined. This book retraces how the legal ordering of environmental protection evolved over time and progressively merged with human rights concerns, thereby leading to a synergistic framing of their relation. It explores the world-making effects this framing performed by establishing how 'humans' ought to relate to 'nature', and examines the role played by legislators, experts and adjudicators in (re)producing it. While it questions, contextualises and problematises how and why this dominant framing was construed, it also reveals how the conflicts that underpin this relationship – and the victims they affect – mainly remained unseen. The analysis critically evaluates the argumentative tropes and adjudicative strategies used in the environmental case-law of regional courts to understand how these conflicts are judicially mediated, thereby opening space for new modes of politics, legal imagination and representation.
Author: Mark Carrigan
Publisher: Routledge
ISBN: 135118993X
Category : Computers
Languages : en
Pages : 170
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Book Description
This volume engages with post-humanist and transhumanist approaches to present an original exploration of the question of how humankind will fare in the face of artificial intelligence. With emerging technologies now widely assumed to be calling into question assumptions about human beings and their place within the world, and computational innovations of machine learning leading some to claim we are coming ever closer to the long-sought artificial general intelligence, it defends humanity with the argument that technological ‘advances’ introduced artificially into some humans do not annul their fundamental human qualities. Against the challenge presented by the possibility that advanced artificial intelligence will be fully capable of original thinking, creative self-development and moral judgement and therefore have claims to legal rights, the authors advance a form of ‘essentialism’ that justifies providing a ‘decent minimum life’ for all persons. As such, while the future of the human is in question, the authors show how dispensing with either the category itself or the underlying reality is a less plausible solution than is often assumed.
