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This book examines how the nation - and its (fundamental) law - are
'sensed' by way of various aesthetic forms from the age of
revolution up until our age of contested democratic legitimacy.
Contemporary democratic legitimacy is tied, among other things, to
consent, to representation, to the identity of ruler and ruled,
and, of course, to legality and the legal forms through which
democracy is structured. This book expands the ways in which we can
understand and appreciate democratic legitimacy. If (democratic)
communities are "imagined" this book suggests that their
"rightfulness" must be "sensed" - analogously to the need for
justice not only to be done, but to be seen to be done. This book
brings together legal, historical and philosophical perspectives on
the representation and iconography of the nation in the European,
North American and Australian contexts from contributors in law,
political science, history, art history and philosophy.
The volume offers an overview of the theories and practices of
Italian legal feminism, presenting both the main themes addressed
and the main protagonists of Italian feminist legal theory. The
book is divided into two parts. The first is dedicated to deepening
crucial issues that directly concern women's knowledge and lives
from a feminist perspective, such as the interconnection between
law, rights and justice; diversity, difference and equality; sex,
sexuality and reproduction; citizenship and borders; deviance,
criminal matters and security; and victims, victimology, and
vulnerability. Each set of thematic issues is analysed by a current
Italian feminist legal scholar, who engages with multiple feminist
voices in order to emphasise the need for an interdisciplinary
approach to law from a feminist perspective. The second part of the
book is devoted to outlining the paths of study, research and
practice of specific and renowned Italian legal scholars who have
provided the foundation for legal feminism in Italy: Letizia
Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The
book thereby offers, for the first time, a comprehensive account of
the traditions and trajectories of Italian legal feminism, thus
opening up a dialogue with other feminist approaches to law and
justice. The book will appeal to scholars in legal theory, critical
and sociolegal studies, sociology, gender studies, and critical
criminology.
The ontology of work and the economics of value underpin the legal
institution, with the existence of modern law predicated upon the
subject as labourer. In contemporary Europe, labour is more than a
mere economic relationship. Indeed, labour occupies a central
position in human existence: since the industrial revolution, it
has been the principal criterion of reciprocal recognition and of
universal mobilization. This multi-disciplinary volume analyses
labour and its depictions in their interaction with the latest
legal, socio-economic, political and artistic tendencies.
Addressing such issues as deregulation, flexibility,
de-industrialization, the pervasive enlargement of markets,
digitization and virtual relationships, social polarisation and
migratory fluxes, this volume engages with the existential role
played by labour in our lives at the conjunction of law and the
humanities. This book will be of interest to law students, legal
philosophers, theoretical philosophers, political philosophers,
social and political theorists, labour studies scholars, and
literature and film scholars.
Presenting legal and philosophical essays on money, this book
explores the conditions according to which an object like a piece
of paper, or an electronic signal, has come to be seen as having a
value. Money plays a crucial role in the regulation of social
relationships and their normative determination. It is thus
integral to the very nature of the "social", and the question of
how society is kept together by a network of agreements,
conventions, exchanges, and codes. All of which must be traced
down. The technologies of money discussed here by Searle, Ferraris,
and Condello show how we conceive the category of the social at the
intersection of individual and collective intentionality,
documentality, and materiality. All of these dimensions, as the
introduction to this volume demonstrates, are of vital importance
for legal theory and for a whole set of legal concepts that are
crucial in reflections on the relationship between law, philosophy,
and society.
The ontology of work and the economics of value underpin the legal
institution, with the existence of modern law predicated upon the
subject as labourer. In contemporary Europe, labour is more than a
mere economic relationship. Indeed, labour occupies a central
position in human existence: since the industrial revolution, it
has been the principal criterion of reciprocal recognition and of
universal mobilization. This multi-disciplinary volume analyses
labour and its depictions in their interaction with the latest
legal, socio-economic, political and artistic tendencies.
Addressing such issues as deregulation, flexibility,
de-industrialization, the pervasive enlargement of markets,
digitization and virtual relationships, social polarisation and
migratory fluxes, this volume engages with the existential role
played by labour in our lives at the conjunction of law and the
humanities. This book will be of interest to law students, legal
philosophers, theoretical philosophers, political philosophers,
social and political theorists, labour studies scholars, and
literature and film scholars.
In the wake of Brexit and Trump, the debate surrounding post-truth
fills the newspapers and is at the center of the public debate.
Democratic institutions and the rule of law have always been
constructed and legitimized by discourses of truth. And so the
issue of "post-truth" or "fake truth" can be regarded as a
contemporary degeneration of that legitimacy. But what, precisely,
is post-truth from a theoretical point of view? Can it actually
change perceptions of law, of institutions and political power? And
can it affect our understanding of society and social relations?
What are its ideological premises? What are the technical
conditions that foster it? And most importantly, does it have
anything to teach lovers of the truth? Pursuing an
interdisciplinary perspective, this book gathers both well-known
and newer scholars from a range of subject areas, to engage in a
philosophical interrogation of the relationship between truth and
law.
This book examines how the nation - and its (fundamental) law - are
'sensed' by way of various aesthetic forms from the age of
revolution up until our age of contested democratic legitimacy.
Contemporary democratic legitimacy is tied, among other things, to
consent, to representation, to the identity of ruler and ruled,
and, of course, to legality and the legal forms through which
democracy is structured. This book expands the ways in which we can
understand and appreciate democratic legitimacy. If (democratic)
communities are "imagined" this book suggests that their
"rightfulness" must be "sensed" - analogously to the need for
justice not only to be done, but to be seen to be done. This book
brings together legal, historical and philosophical perspectives on
the representation and iconography of the nation in the European,
North American and Australian contexts from contributors in law,
political science, history, art history and philosophy.
Presenting legal and philosophical essays on money, this book
explores the conditions according to which an object like a piece
of paper, or an electronic signal, has come to be seen as having a
value. Money plays a crucial role in the regulation of social
relationships and their normative determination. It is thus
integral to the very nature of the "social", and the question of
how society is kept together by a network of agreements,
conventions, exchanges, and codes. All of which must be traced
down. The technologies of money discussed here by Searle, Ferraris,
and Condello show how we conceive the category of the social at the
intersection of individual and collective intentionality,
documentality, and materiality. All of these dimensions, as the
introduction to this volume demonstrates, are of vital importance
for legal theory and for a whole set of legal concepts that are
crucial in reflections on the relationship between law, philosophy,
and society.
Are the general and the particular separated in legal rhetorics?
What is the function of singular events, facts, names in legal
argumentation and what is their relationship to legal normativity?
Bringing together an international range of legal scholars, this
collection takes a diachronic approach and addresses these
questions from the perspective of contemporary legal discourse. It
explores the changes in legal form and transmission that have been
generated both by globalisation and by common law's irreversible
encounter with the civilian methods of European law. It explores
how, in the contemporary legal discourse, exemplarity - and all
rhetoric processes based on the general-particular dichotomy more
generally - regained relevance. In doing so, it highlights the
centrality of the example and proposes the development of new
rhetorical approaches better suited to today's legal practices
which operate in a globalised field.
Are the general and the particular separated in legal rhetorics?
What is the function of singular events, facts, names in legal
argumentation and what is their relationship to legal normativity?
Bringing together an international range of legal scholars, this
collection takes a diachronic approach and addresses these
questions from the perspective of contemporary legal discourse. It
explores the changes in legal form and transmission that have been
generated both by globalisation and by common law's irreversible
encounter with the civilian methods of European law. It explores
how, in the contemporary legal discourse, exemplarity - and all
rhetoric processes based on the general-particular dichotomy more
generally - regained relevance. In doing so, it highlights the
centrality of the example and proposes the development of new
rhetorical approaches better suited to today's legal practices
which operate in a globalised field.
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