A provocative investigation of how law shapes everyday life In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become “flat” and undifferentiated, regulated only by supposed “laws” of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot’s exploration of the development of the legal subject—the individual as formed through a dense web of contracts and laws—is set to become a classic work of social theory.
Fernando Vidal’s trailblazing text on the origins of psychology traces the development of the discipline from its appearance in the late sixteenth century to its redefinition at the end of the seventeenth and its emergence as an institutionalized field in the eighteenth. Originally published in 2011, The Sciences of the Soul continues to be of wide importance in the history and philosophy of psychology, the history of the human sciences more generally, and in the social and intellectual history of eighteenth-century Europe.
This book offers an original analysis and theorization of the biopolitics of development in the postcolonial present, and draws significantly from the later works of Michel Foucault on biopolitics. Foucault’s works have had a massive influence on postcolonial literatures, particularly in political science and international relations, and several authors of this book have themselves made significant contributions to that influence. While Foucault’s thought has been inspirational for understanding colonial biopolitics as well as governmental rationalities concerned with development, his works have too often failed to inspire studies of political subjectivity. Instead, they have been used to stoke the myth of the inevitability of the decline of collective political subjects, often describing an increasingly limited horizon of political possibilities, and provoking a disenchantment with the political itself in postcolonial works and studies. Working against the grain of current Foucauldian scholarship, this book underlines the importance of Foucault’s work for the capacity to recognize how this degraded view of political subjectivity came about, particularly within the framework of the discourses and politics of ‘development’, and with particular attention to the predicaments of postcolonial peoples. It explores how we can use Foucault’s ideas to recover the vital capacity to think and act politically at a time when fundamentally human capacities to think, know and to act purposively in the world are being pathologized as expressions of the hubris and ‘underdevelopment’ of postcolonial peoples. Why and how it is that life in postcolonial settings has been depoliticized to such dramatic effect? The immediacy of these themes will be obvious to anyone living in the South of the world. But within the academy they remain heavily under-addressed. In thinking about what it means to read Michel Foucault today, this book tackles some significant questions and problems: Not simply that of how to explain the ways in which postcolonial regimes of governance have achieved the debasements of political subjectivity they have; nor that of how we might better equip them with the means to suborn the life of postcolonial peoples more fully; but that of how such peoples, in their subjection to governance, can and do resist, subvert, escape and defy the imposition of modes of governance which seek to remove their lives of those very capacities for resistance, subversion, flight, and defiance.
Tracing neoliberalism's devastating erosions of democratic principles, practices, and cultures. Neoliberal rationality—ubiquitous today in statecraft and the workplace, in jurisprudence, education, and culture—remakes everything and everyone in the image of homo oeconomicus. What happens when this rationality transposes the constituent elements of democracy into an economic register? In Undoing the Demos, Wendy Brown explains how democracy itself is imperiled. The demos disintegrates into bits of human capital; concerns with justice bow to the mandates of growth rates, credit ratings, and investment climates; liberty submits to the imperative of human capital appreciation; equality dissolves into market competition; and popular sovereignty grows incoherent. Liberal democratic practices may not survive these transformations. Radical democratic dreams may not either. In an original and compelling argument, Brown explains how and why neoliberal reason undoes the political form and political imaginary it falsely promises to secure and reinvigorate. Through meticulous analyses of neoliberalized law, political practices, governance, and education, she charts the new common sense. Undoing the Demos makes clear that for democracy to have a future, it must become an object of struggle and rethinking.
This special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions.
ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.
