Thinking through the body of the law
Author(s)
Bibliographic Information
Thinking through the body of the law
Allen & Unwin, 1996
- : pbk
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Note
Bibliography: p. 257-266
Includes index
Description and Table of Contents
Description
Despite the explosion of innovative thinking in contemporary critical theory, legal studies remains mired in obsolete forms of pnilosophical understanding. Because law is seen as a function of enlightened reason or a universal mind, it is generally assumed that the methods of legal reasoning are unquestionable. This ignores the fact that the law must first have a hold over bodies in order to function at all. How is the body of the law - legal codes, statutes and common law - dependent onthe lawfulness of bodies? In this innovative collection of essays, leading scholars from the disciplines of philosophy, women's studies, critical theory and legal theory attempt to examine the relations between the subjected body that is law's condition of possibility and the determinate corpus of positive law.
Table of Contents
Introduction: The body of the law PHENG CHEAH, DAVID FRASER AND JUDITH GRBICHPART 1 THE MAKING OF THE LEGAL BODY - ETHICS AND POLITICS1 The body of the law: notes toward a theory of corporeal justice PHENG CHEAH AND ELIZABETH GROSZ2 Spinoza, law and responsibility MOIRA GATENS3 Mabo, difference and the body of the law PAUL PATTONPART II THE NATIONAL-CONSTITUTIONAL BODY4 Law before Auschwitz: Aryan and Jew in the Nazi Rechtsstaat DAVID FRASER5 Of pleasure and property: sexuality and sovereignty in Australia ELIZABETH POVINELLIPART III RETHINKING BODIES AS PROPERTY6 Patent bodies CATHRYN VASSELEU7 The gift, sexed body property and the law ROSALYN DIPROSE8 The taxpayer's body: geneologies of exertion JUDITH GRBICHPART IV WHERE DOES THE BODY OF LEGAL DISCOURSE BEGIN AND END? LEGAL AND NON-LEGAL KNOWLEDGES9 Black man, white woman, irresistable impulses: media, law and literature making the black murderer TERRY THREADGOLD10 The dangerous individual and the social body ROSANNE KEN
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