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The Four Lacanian Discourses

Author: Jeanne Lorraine Schroeder
Publisher: CRC Press
ISBN: 1134039727
Size: 51.61 MB
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This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, The Four Lacanian Discourses thus constitutes an original contribution to current theoretical and practical understandings of law.

Zizek And Law

Author: Laurent de Sutter
Publisher: Routledge
ISBN: 1317624793
Size: 50.88 MB
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The very first book dedicated to Slavoj Zizek’s theoretical treatment of law, this book gathers widely recognized Zizek scholars as well as legal theorists to offer a sustained analysis of the place of law in Zizek’s work. Whether it is with reference to symbolic law, psychoanalytical law, religious law, positive law, human rights, to Lacan’s, Hegel’s, or Kant’s philosophies of law, or even to Jewish or Buddhist law, Zizek returns again and again to law. And what his work offers, this volume demonstrates, is a radically new approach to law, and a rethinking of its role within the framework of radical politics. With the help of Zizek himself – who here, and for the first time, directly engages with the topic of law – this collection provides an authoritative account of ‘Zizek and law’. It will be invaluable resource for researchers and students in the fields of law, legal theory, legal philosophy, political theory, psychoanalysis, theology, and cultural studies.

Christ Without Adam

Author: Benjamin H. Dunning
Publisher: Columbia University Press
ISBN: 0231537336
Size: 39.74 MB
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The apostle Paul deals extensively with gender, embodiment, and desire in his authentic letters, yet many of the contemporary philosophers interested in his work downplay these aspects of his thought. Christ Without Adam is the first book to examine the role of gender and sexuality in the turn to the apostle Paul in recent Continental philosophy. It builds a constructive proposal for embodied Christian theological anthropology in conversation with—and in contrast to—the "Paulinisms" of Stanislas Breton, Alain Badiou, and Slavoj i ek. Paul's letters bequeathed a crucial anthropological aporia to the history of Christian thought, insofar as the apostle sought to situate embodied human beings typologically with reference to Adam and Christ, but failed to work out the place of sexual difference within this classification. As a result, the space between Adam and Christ has functioned historically as a conceptual and temporal interval in which Christian anthropology poses and re-poses theological dilemmas of embodied difference. This study follows the ways in which the appropriations of Paul by Breton, Badiou, and i ek have either sidestepped or collapsed this interval, a crucial component in their articulations of a universal Pauline subject. As a result, sexual difference fails to materialize in their readings as a problem with any explicit force. Against these readings, Dunning asserts the importance of the Pauline Adam–Christ typology, not as a straightforward resource but as a witness to a certain necessary failure—the failure of the Christian tradition to resolve embodied difference without remainder. This failure, he argues, is constructive in that it reveals the instability of sexual difference, both masculine and feminine, within an anthropological paradigm that claims to be universal yet is still predicated on male bodies.

Law Psychoanalysis Society

Author: Maria Aristodemou
Publisher: Routledge
ISBN: 1134640455
Size: 33.55 MB
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'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like ‘guilt’ and ‘innocence’, ‘truth’ and ‘lies’, ‘reason’ and ‘reality’, ‘freedom’ and ‘responsibility’, ‘cause’ and ‘punishment’, acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether ‘it is not psychology that deserves the mockery but the procedure of judicial enquiry’. A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.

Islam Law And Identity

Author: Marinos Diamantides
Publisher: Routledge
ISBN: 1136675647
Size: 30.40 MB
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The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries.? Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular.? Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization

The Vestal And The Fasces

Author: Jeanne Lorraine Schroeder
Publisher: Univ of California Press
ISBN: 9780520211452
Size: 77.66 MB
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In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome--the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal. Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property--the legal relationship as well as its not necessarily material object--as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law. In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome--the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal. Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property--the legal relationship as well as its not necessarily material object--as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.

Constitutional Theory Schmitt After Derrida

Author: Jacques de Ville
Publisher: Taylor & Francis
ISBN: 1351866400
Size: 19.95 MB
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This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derrida’s analysis of Schmitt’s texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derrida’s engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitt’s texts, it further examines two texts of Derrida (Kh?ra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitt’s own reflections on the positive concept of the constitution.

Penumbra

Author: Sigi Jöttkandt
Publisher: Re.Press
ISBN: 9780987268242
Size: 51.49 MB
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Umbr(a) was one of the most important US theory journals of the 1990s and early 2000s, publishing work by some of the greatest philosophers, psychoanalysts and theorists of our era. In every regard, it was ahead of the curve - in content, design, and style - often introducing thinkers who have subsequently become globally influential. This anthology presents a selection of the very best of Umbr(a), including contributions from Joan Copjec, Sam Gillespie, Charles Shepherdson, Russell Grigg, Alenka Zupan?i?, Slavoj i ek, Mladen Dolar, Catherine Malabou, Tim Dean, Steven Miller, Dominiek Hoens, Petar Ramadanovic, Sigi Jottkandt, Colette Soler, Jelica Sumi? and A. Kiarina Kordela.

Andreas Capellanus On Love

Author: Andreas Capellanus
Publisher: Bristol Classical Press
ISBN: 9780715616901
Size: 43.28 MB
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The De Amore of Andreas Capellanus (André the Chaplain), composed in France in the 1180s, is celebrated as the first comprehensive discussion of theory of courtly love. The book is believed to have been intended to portray conditions at Queen Eleanor of Aquitaine's court at Poitiers between 1170 and 1174, and written the request of her daughter, Countess Marie of Troyes. As such, it is important for its connections to themes of contemporary Latin lyric, in troubadour poetry and in the French romances of Chrétien de Troyes. Thereafter its influence spread throughout Western Europe, so that the treatise is of fundamental importance for students of medieval and renaissance English, French, Italian and Spanish. In this comprehensive edition, P.G. Walsh includes Trojel's Latin text with his own facing English translation with explanatory notes, commentary and indexes, along with introduction which sets the treatise in its contemporary context and assesses its purpose and importance.

New Critical Legal Thinking

Author: Matthew Stone
Publisher: Taylor & Francis
ISBN: 1136291202
Size: 57.42 MB
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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.