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Foucault and the politics of rights

Stanford, California: Stanford University Press (2015)

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  1. On the Limits of Political Emancipation and Legal Rights.Peter D. Burdon - 2019 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):319-339.
    In this paper I offer a new interpretation of Marx’s essay On the Jewish Question which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are (...)
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  • Power and Rights in the Community: Paralegals as Leaders in Women’s Legal Empowerment in Tanzania.Helen Dancer - 2018 - Feminist Legal Studies 26 (1):47-64.
    What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are (...)
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  • For Foucault: against normative political theory.Mark G. E. Kelly - 2018 - Albany: State University of New York Press.
    Introduction: Foucault and political philosophy -- Marx: antinormative critique -- Lenin: the invention of party governmentality -- Althusser: the failure to denormativise Marxism -- Deleuze: denormativisation as norm -- Rorty: relativising normativity -- Honneth: the poverty of critical theory -- Geuss: the paradox of realism -- Foucault: the lure of neoliberalism -- Conclusion: What now?
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  • The Ethical Self in the Later Foucault: the Question of Normativity.Gavin Rae - 2022 - Sophia 62 (2):381-403.
    Michel’s Foucault’s later work has been the subject of much critical interest regarding the question of whether it provides a normative stance that prescribes how the self ought to act. Having first outlined the nature of the debate, I engage with Foucault’s comparative analysis of the ethical systems of ancient Greeks and Christianity to show that he holds that the former maintains that the ethical subject was premised not on adherence to a priori rules as in Christianity, but from and (...)
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  • Re-storying Laws for the Anthropocene: Rights, Obligations and an Ethics of Encounter.Kathleen Birrell & Daniel Matthews - 2020 - Law and Critique 31 (3):275-292.
    The Anthropocene prompts renewed critical reflection on some of the central tenets of modern thought including narratives of ‘progress’, the privileging of the nation state, and the universalist rendering of the human. In this context it is striking that ‘rights’, a quintessentially modern mode of articulating normativity, are often presumed to have an enduring relevance in the contemporary moment, exemplified in renewed recourse to rights in their attribution to parts of the nonhuman world. Our intervention contemplates ways in which the (...)
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  • Digital, politics, and algorithms: Governing digital data through the lens of data protection.Rocco Bellanova - 2017 - European Journal of Social Theory 20 (3):329-347.
    Many actors mobilize the cognitive, legal and technical tool-box of data protection when they discuss and address controversial issues such as digital mass surveillance. Yet, critical approaches to the digital only barely explore the politics of data protection in relation to data-driven governance. Building on governmentality studies and Actor-Network-Theory, this article analyses the potential and limits of using data protection to critique the ‘digital age’. Using the conceptual tool of dispositifs, it sketches an analytics of data protection and the emergence (...)
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  • Obligations in the Anthropocene.Peter D. Burdon - 2020 - Law and Critique 31 (3):309-328.
    The Anthropocene is a term described by Earth Systems Science to capture the recent rupture in the history of the Earth where human action has acquired the power to alter the Earth System as a whole. While normative conclusions cannot be logically derived from this descriptive fact, this paper argues that law and philosophy ought to develop responses that are ordered around human beings. Rather than arguing for legal rights or extending rights to nature, this paper focuses on obligations. Drawing (...)
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  • Coloniality, Political Subjectivation and the Gendered Politics of Protest in a ‘State of Exception’.Sumi Madhok - 2018 - Feminist Review 119 (1):56-71.
    In this paper, I shall make the following propositions: in order to conceptually capture and represent the acts of political protest in a state of exception, we will need to reorient and supplement our representational apparatuses and also our theoretical frameworks for thinking about the gendered modes of protest under emergency laws and political abandonment. Through an analysis of the ‘naked protest’ of the Meira Peibis in Manipur, a ‘state of exception’ in democratic India, I shall argue that a series (...)
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