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  1. Insurgent legality: Luiz Gama’s plebeian republicanism between law and prefiguration.Niklas Plaetzer - forthcoming - Contemporary Political Theory:1-20.
    This article reads the work of Luiz Gama (1830-1882), the Brazilian abolitionist, former slave, and self-taught lawyer, as both theorizing and enacting a politics of institutional prefiguration. Against oligarchic domination by slave-owning elites and the monarchical rule of the Brazilian Emperor, Gama defended a radical republican vision of the law: the ‘right of revolution’ (direito de revolução), which he saw as already being practiced in acts of resistance. Repurposing the legal pluralism of Friedrich Carl von Savigny for emancipatory politics, Gama’s (...)
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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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  • A Plural Nomos: Law, Life, and Knowledge.Margaret Davies - forthcoming - Law and Critique:1-22.
    Even in its limited state-based form, human law owes its existence to the natural physical world with its self-created value systems. What is understood as human law is grounded in human-nonhuman entanglements, themselves a subset of a multi-dimensional natural nomos consisting of the intricately connected normative worlds of animals, plants, earth, and cosmos. Complex and intersecting plural normative fields include those associated with the nonliving world, the multiple ontological worlds produced by life forms, and the many strata of human becoming (...)
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  • Our Country Is a Freedom-Loving Country”: The Spreading Virus as Metaphor for “People on the Move.David Gurnham - 2022 - Metaphor and Symbol 37 (2):140-151.
    Although Covid-19 has been framed using all manner of metaphors, an as-yet under-examined question is how the spreading virus might itself serve as a metaphor and what purpose this might serve. The...
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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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  • Afterword.Margaret Davies - 2023 - Feminist Legal Studies 31 (1):163-169.
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  • Lost in Transduction: From Law and Code’s Intra-actions to the Right to Explanation in the European Data Protection Regulations.Miriam Tedeschi & Mika Viljanen - forthcoming - Law and Critique:1-18.
    Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information to unravel the complex intra-actions between law and computer code. Accordingly, we first propose a framework for understanding the enmeshing of law and code based on a diffractive reading of Barad’s agential realism and Simondon’s theory of information. We argue that once law and code are understood as material entities that intra-act through in-formation, (...)
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  • In the Air of the Natural History Museum: On Corporate Entanglement and Responsibility in Uncontained Times.Lilian Moncrieff - 2020 - Law and Critique 31 (3):253-273.
    This paper discusses corporate entanglement, impactfulness and responsibility in the Anthropocene, amidst events and conditions that ‘uncontain’ time. It takes its direction of travel from artist Brian Jungen’s ‘Cetology’ (2002), a whalebone sculpture made out of cut-up plastic garden chairs, which conjoins the times of earth and world history, as it hangs in the air of the art gallery, ‘as if’ exhibited in the natural history museum. The paper relates ‘Cetology’s’ engagement with natural history, time, and commodification to matters of (...)
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  • Becoming urban or bypassed in the periurban? An emerging challenge for global ethics.Sudhir Chella Rajan - 2019 - Journal of Global Ethics 15 (1):6-20.
    Periurban bypasses are enclaves that appear to be left behind of conventional spatial and technological processes. With the focus on cities and their development, the hinterland serves as a resource that barely makes its appearance in mainstream policy debates. Hidden even further in the periurban are areas whose inhabitants are marginalised in many ways. Developing an ethical framework for assessing periurban bypasses is rendered difficult by the complexity of attribution of harm to particular agents. Nevertheless, by using multiple modes of (...)
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