Law in the first person plural : roots, concepts, topics
著者
書誌事項
Law in the first person plural : roots, concepts, topics
（Elgar studies in legal theory）
Edward Elgar, c2020
- : cased
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注記
Includes bibliographical references (p. 266-278) and index
内容説明・目次
内容説明
The first-person plural - 'we, ourselves' - is the hallmark of a democracy under the rule of law in the modern age. Exploring the roots of this 'rule of recognition', Bert van Roermund offers an in-depth reading of Rousseau's work, focusing on its most fundamental leitmotif: the sovereignty of the people.
Providing an innovative understanding of Rousseau's politico-legal philosophy, this book illustrates the legal significance of plural agency and what it means for a people to act together: What do people share when using the word 'we'? What makes a people's actions political? And what exactly is 'bodily' about their joint commitment? Testing these ideas in three controversial modern debates - bio-technology, immigrant rights and populism - Van Roermund offers a critical assessment of 'political theology' in contemporary legal environments and establishes a new interpretation of joint action as bodily entrenched.
Incisive and cutting-edge, this book is crucial reading for scholars of jurisprudence and legal and political philosophy, particularly those with a focus on Rousseauian theory. Students of jurisprudence and constitutional theory will also benefit from its philosophical and political insights, as well as its discussions of pressing real-world issues.
目次
Contents: Preface Introduction Part I Roots: Re-Reading Rousseau 1. An Inconvenient Legacy 2. Meeting the Challenges Part II Concepts: We As a Body Politic 3. First Person Plural Legislature 4. Joint Law Making: From Reference to Action 5. A first person plural body? Part III Topics: First Persons Plural in the Flesh 6. The Embryo as First Person Plural Concept in EU Law 7. Migrants, Humans and Human rights: Freedom of Movement in a First Person Plural Key 8. The Half Truth of Contemporary Populism: Keeping a False 'We' at Bay Bibliography Index
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