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Foucault's Monsters and the Challenge of Law (Paperback)
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Foucault's Monsters and the Challenge of Law (Paperback)
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In contrast to other figures generated within social theory for
thinking about outsiders, such as Rene Girard's 'scapegoat' and
Zygmunt Bauman's 'stranger', Foucault's Monsters and the Challenge
of Law suggests that the figure of 'the monster' offers greater
analytical precision and explanatory power in relation to
understanding the processes whereby outsiders are constituted. The
book draws on Michel Foucault's theoretical and historical
treatment of the category of the monster, in which the monster is
regarded as the effect of a double breach: of law and nature. For
Foucault, the monster does not simply refer to a particular kind of
morphological or psychological irregularity; for the body or psyche
in question must also pose a threat to the categorical structure of
law. In chronological terms, Foucault moves from a preoccupation
with the bestial human in the Middle Ages to a concern over Siamese
or conjoined twins in the Renaissance period, and ultimately to a
focus on the hermaphrodite in the Classical Age.But, although
Foucault's theoretical framework for understanding the monster is
affirmed here, this book's study of an English legal history of the
category 'monster' challenges some of Foucault's historical claims.
In addition to considering this legal history, the book also
addresses the contemporary relevance of Foucault's theoretical
framework. Structured around Foucault's archetypes and the category
crises they represent -- admixed embryos, conjoined twins and
transsexuals -- the book analyses their challenge to current
distinctions between human and animal, male and female, and the
idea of the 'proper' legal subject as a single embodied mind. These
contemporary figures, like the monsters of old, are shown to
threaten the rigidity and binary structure of a law that still
struggles to accommodate them.
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