Posthuman Legalities
Posthuman Legalities

Author: Grear, Anna

Publisher: Edward Elgar Publishing

Published: 2021-12-14

Total Pages: 168

ISBN-13: 1802203346

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How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other.

Posthuman Legalities
Posthuman Legalities

Author: Anna Grear

Publisher:

Published: 2021-12-14

Total Pages: 168

ISBN-13: 9781802203332

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How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.

Posthuman Legal Subjectivity
Posthuman Legal Subjectivity

Author: Jana Norman

Publisher: Routledge

Published: 2021-08-12

Total Pages: 195

ISBN-13: 1000424847

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This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

International Law and Posthuman Theory
International Law and Posthuman Theory

Author: Matilda Arvidsson

Publisher: Taylor & Francis

Published: 2024-01-02

Total Pages: 312

ISBN-13: 1003829171

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Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Incoherence of Human Rights in International Law
The Incoherence of Human Rights in International Law

Author: Louisa Ashley

Publisher: Taylor & Francis

Published: 2024-09-02

Total Pages: 319

ISBN-13: 1040126278

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Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

Algorithmic Governance
Algorithmic Governance

Author: Ignas Kalpokas

Publisher: Springer Nature

Published: 2019-10-15

Total Pages: 125

ISBN-13: 3030319229

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This book analyses the changes to the regulation of everyday life that have taken place as a result of datafication, the ever-growing analytical, predictive, and structuring role of algorithms, and the prominence of the platform economy. This new form of regulation – algorithmic governance – ranges from nudging individuals towards predefined outcomes to outright structuration of behaviour through digital architecture. The author reveals the strength and pervasiveness of algorithmic politics through a comparison with the main traditional form of regulation: law. These changes are subsequently demonstrated to reflect a broader shift away from anthropocentric accounts of the world. In doing so, the book adopts a posthumanist framework which focuses on deep embeddedness and interactions between humans, the natural environment, technology, and code.

Design(s) for Law
Design(s) for Law

Author: Rossana Ducato

Publisher: Ledizioni

Published: 2024-06-25

Total Pages: 290

ISBN-13:

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Legal design has been with us for over a decade. Its core idea, i.e. to use design methods to make the world of law accessible to all, has been widely embraced by academics, researchers, and professionals. Over time, the field has grown, expanding its initial problem-solving approach to other dimensions of design, such as speculative design, design fiction, proactive law, and disciplines like cognitive science and philosophy. The book presents a state-of-the-art reflection on legal design evolution and applications. It features twelve insightful contributions discussed during the 2023 'Legal Design Roundtable' on 'Design(s) for Law', organised within the Erasmus+ Jean Monnet clinic on 'EU Digital Rights, Law, and Design'. These perspectives from academics and professionals add important nuances to the literature, either presenting new approaches, applying consolidated practices to new contexts and areas, or showcasing actual and potential applications. Ideal for academics, legal professionals, and students, this book is a must-read for anyone interested in new critical approaches to the law and in the creative construction of fairer and more human-friendly legal systems.

Routledge Handbook of International Law and the Humanities
Routledge Handbook of International Law and the Humanities

Author: Shane Chalmers

Publisher: Routledge

Published: 2021-05-19

Total Pages: 653

ISBN-13: 1000385760

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This Handbook brings together 40 of the world’s leading scholars and rising stars who study international law from disciplines in the humanities – from history to literature, philosophy to the visual arts – to showcase the distinctive contributions that this field has made to the study of international law over the past two decades. Including authors from Australia, Canada, Europe, India, South Africa, the UK and the USA, all the contributors engage the question of what is distinctive, and critical, about the work that has been done and that continues to be done in the field of ‘international law and the humanities’. For many of these authors, answering this question involves reflecting on the work they themselves have been contributing to this path-breaking field since its inception at the end of the twentieth century. For others, it involves offering models of the new work they are carrying out, or else reflecting on the future directions of a field that has now taken its place as one of the most important sites for the study of international legal practice and theory. Each of the book’s six parts foregrounds a different element, or cluster of elements, of international law and the humanities, from an attention to the office, conduct and training of the jurist and jurisprudent (Part 1); to scholarly craft and technique (Part 2); to questions of authority and responsibility (Part 3); history and historiography (Part 4); plurality and community (Part 5); as well as the challenge of thinking, and rethinking, international legal concepts for our times (Part 6). Outlining new ways of imagining, and doing, international law at a moment in time when original, critical thought and practice is more necessary than ever, this Handbook will be essential for scholars, students and practitioners in international law, international relations, as well as in law and the humanities more generally.

Law, Humans and Plants in the Andes-Amazon
Law, Humans and Plants in the Andes-Amazon

Author: Iván Darío Vargas Roncancio

Publisher: Taylor & Francis

Published: 2024-02-06

Total Pages: 264

ISBN-13: 1003849202

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Extending law beyond the human, the book probes the conceptual openings, methodological challenges and ethical conundrums of law in a time of deep socio-ecological disturbances and transitions. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents— rather than mere recipients of state-sanctioned rights—transform what we mean by “law” and “rights of nature”? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking and decision-making protocols. Weaving together various fields of knowledge and world-making practices that include—but are not limited to—Indigenous legal traditions, Earth Law and multispecies ethnography, Law, Humans and Plants focuses on the entanglement of law, ecology and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general postanthropocentric legal theory which is proposed, a tool to address socioecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth Law and ecological law, legal theory and critical legal studies as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology and sustainability and climate change justice.

Palgrave Handbook of Critical Posthumanism
Palgrave Handbook of Critical Posthumanism

Author: Stefan Herbrechter

Publisher: Springer Nature

Published: 2022-11-28

Total Pages: 1233

ISBN-13: 3031049586

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Palgrave Handbook of Critical Posthumanism is a major reference work on the paradigm emerging from the challenges to humanism, humanity, and the human posed by the erosion of the traditional demarcations between the human and nonhuman. This handbook surveys and speculates on the ways in which the posthumanist paradigm emerged, transformed, and might further develop across the humanities. With its focus on the posthuman as a figure, on posthumanism as a social discourse, and on posthumanisation as an on-going historical and ontological process, the volume highlights the relationship between the humanities and sciences. The essays engage with posthumanism in connection with subfields like the environmental humanities, health humanities, animal studies, and disability studies. The book also traces the historical representations and understanding of posthumanism across time. Additionally, the contributions address genre and forms such as autobiography, games, art, film, museums, and topics such as climate change, speciesism, anthropocentrism, and biopolitics to name a few. This handbook considers posthumanism’s impact across disciplines and areas of study.