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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.
Professors Grear and Kotze have masterfully fashioned a landmark
work on human rights and the natural environment. This Research
Handbook is more than just a library of current ideas about this
important topic; it is an intellectual tour de force that
stimulates new thinking on the place of social justice and moral
responsibility in the Anthropocene.' - Benjamin J. Richardson,
University of Tasmania, Australia'As the connections between human
rights and the environment become deeper and broader, this Handbook
offers an indispensable point of reference. A seriously impressive
group of scholars addresses a seriously interesting range of themes
that inform and challenge the totality of our understanding.' -
Philippe Sands, University College London, UK Bringing together
leading international scholars in the field, this authoritative
Handbook combines critical and doctrinal scholarship to illuminate
some of the challenging tensions in the legal relationships between
humans and the environment, and human rights and environment law.
The accomplished contributors provide researchers and students with
a rich source of reflection and engagement with the topic. Split
into five parts, the book covers epistemologies, core values and
closures, constitutionalisms, universalisms and regionalisms, with
a final concluding section exploring major challenges and
alternative futures. An essential resource for students and
scholars of human rights law, the volume will also be of
significant interest to those in the fields of environmental and
constitutional law. Contributors: S. Adelman, U. Beyerlin, K.
Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle,
C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B.
Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow,
A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S.
Theriault, F. Venter
Congratulations to the editors , Anna Grear and Conor Gearty, on
Choosing a Future: The Social and Legal Aspects of Climate Change.
It is a fine publication and a superb contribution to a growing
evidence base to support climate justice. I appreciate the hard
work and dedication that went into such an ambitious publication;
one that will certainly inform ongoing discussions on how to remedy
the climate crisis. The focus as we approach 2015 must be on how to
solve the climate crisis is a way that is fair and informed by
human rights. This is the only approach that will ensure that
climate actions are good for the planet and for people. This
publication-and the Journal of Human Rights and the Environment
generally-is a great contribution to the international discourse.'
- Mary Robinson, President, Mary Robinson Foundation Climate
Justice, IrelandThe issue is no longer whether climate change is
happening; it is rather what we should now be doing about it.
Drawing together key thinkers and policy experts, this unique
volume - also a Special Issue of the Journal of Human Rights and
the Environment - engages with the human dimensions of climate
change, offering a timely intervention into contemporary debates
about the challenging relationship between law and society in a
time of climate crisis. The result is an imaginative, well-informed
and provocative collection of contemporary engagements with the
greatest challenge of the age, concerned not only to understand the
current crisis but to offer perspectives on how it can be
addressed. At the heart of this volume is the conviction that
change is urgent, possible and morally imperative.
This special issue of the Journal of Human Rights and the
Environment revisits Professor Christopher D. Stone's iconic 1972
article, and features an introduction by Professor Philippe Sands
QC, a set of elegant and thought-provoking reflections on the
original article by Baroness Mary Warnock, Professor Ngaire Naffine
and Professor Lorraine Code, and an equally elegant and
thought-provoking response to their reflections from Professor
Stone himself. This thoughtful collection of essays will be a
valuable addition to contemporary debates concerning the crucial
search for new relationships between humanity and the living world
and between human rights and the environment. The renowned
contributors offer rich reflections on questions of legal standing,
legal subjectivity and epistemology raised by Stone's article, and
which have greater salience than ever as we face the environmental
and human challenges of the 21st century. Contributors: L. Code, A.
Grear, N. Naffine, P. Sands, C.D. Stone, M. Warnock
aa magnificently rich, highly critical, at times deeply challenging
and troubling, and perhaps even paradigm-shifting, collection of
works that has been authored by some of the most progressive and
interrogative scholars of our time. In their analysis, none of the
contributors take anything for granted; they relentlessly push
against parochial closures that obscure the possible contours of a
re-imagined relationship between human rights and the environment.
The book ultimately succeeds in offering a new juridical imaginary
for those of us who are concerned with the deeply troubled and
complex relationship between human rights and the environment.' -
Louis J. Kotze, North-West University, South Africa, University of
Lincoln, UK and Global Network for the Study of Human Rights and
the EnvironmentIn the climate-pressed Anthropocene epoch, nothing
could be more urgent than fresh engagements with the fractious
relationships between 'humanity', law and the living order. This
timely book intelligently combines theoretical reflections,
doctrinal analyses and insights drawn from rights-based praxis to
offer thoughtful - and at times provocative - engagements with the
limitations of law as it faces the complexities of contemporary
socio-ecological life-worlds in an age of climate crisis. Leading
scholars in the field discuss, in four parts, Philosophical
Investigations, Reconfiguring the Legal, Activism and Praxis, and
Multi-level Reformulations, to offer imaginative intellectual
engagements with a range of challenges vexing the
human-environmental-legal 'interface'. Scholars and students of
human rights and environmental law and practitioners in the field
alike will find the book to be a timely and thoughtful engagement
with urgent human dilemmas. Contributors: D. Bollier, L. Code, S.
Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A.
Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. Weston
The editor takes an excitingly broad and refreshing approach to
environmental justice, tracing the subject from its early
developments to its contemporary need for a new non-anthropocentric
ontology responsive to questions of human-non-human justice. This
invaluable study includes 24 of the best available research
articles in the field and offers a stimulating journey into the
rich ambiguities, tensions and promise of environmental justice for
the 21st century and beyond.
Martha Albertson Fineman's earlier work developed a theory of
inevitable and derivative dependencies as a way of problematizing
the core assumptions underlying the 'autonomous' subject of liberal
law and politics in the context of US equality discourse. Her
'vulnerability thesis' represents the evolution of that earlier
work and situates human vulnerability as a critical heuristic for
exploring alternative legal and political foundations. This book
draws together major British and American scholars who present
different perspectives on the concept of vulnerability and
Fineman's 'vulnerability thesis'. The contributors include scholars
who have thought about vulnerability in different ways and contexts
prior to encountering Fineman's work, as well as those for whom
Fineman's work provided an introduction to thinking through a
vulnerability lens. This collection demonstrates the broad and
intellectually exciting potential of vulnerability as a theoretical
foundation for legal and political engagements with a range of
urgent contemporary challenges. Exploring ways in which
vulnerability might provide a new ethical foundation for law and
politics, the book will be of interest to the general reader, as
well as academics and students in fields such as jurisprudence,
philosophy, legal theory, political theory, feminist theory, and
ethics.
Bringing together an international range of academics, Gender,
Sexualities and Law provides a comprehensive interrogation of the
range of contemporary issues - both topical and controversial -
raised by the gendered character of law, legal discourse and
institutions. The gendering of law, persons and the legal
profession, along with the gender bias of legal outcomes, has been
a fractious, but fertile, focus of reflection. It has, moreover,
been an important site of political struggle. This collection of
essays offers an unrivalled examination of its various contemporary
dimensions, focusing on: issues of theory and representation;
violence, both national and international; reproduction and
parenting; and partnership, sexuality, marriage and the family.
Gender, Sexualities and Law will be invaluable for all those
engaged in research and study of the law (and related fields) as a
form of gendered power.
Bringing together an international range of academics, Gender,
Sexualities and Law provides a comprehensive interrogation of the
range of contemporary issues both topical and controversial raised
by the gendered character of law, legal discourse and institutions.
The gendering of law, persons and the legal profession, along with
the gender bias of legal outcomes, has been a fractious, but
fertile, focus of reflection. It has, moreover, been an important
site of political struggle. This collection of essays offers an
unrivalled examination of its various contemporary dimensions,
focusing on: issues of theory and representation; violence, both
national and international; reproduction and parenting; and
partnership, sexuality, marriage and the family. Gender,
Sexualities and Law will be invaluable for all those engaged in
research and study of the law (and related fields) as a form of
gendered power.
Martha Albertson Fineman's earlier work developed a theory of
inevitable and derivative dependencies as a way of problematizing
the core assumptions underlying the 'autonomous' subject of liberal
law and politics in the context of US equality discourse. Her
'vulnerability thesis' represents the evolution of that earlier
work and situates human vulnerability as a critical heuristic for
exploring alternative legal and political foundations. This book
draws together major British and American scholars who present
different perspectives on the concept of vulnerability and
Fineman's 'vulnerability thesis'. The contributors include scholars
who have thought about vulnerability in different ways and contexts
prior to encountering Fineman's work, as well as those for whom
Fineman's work provided an introduction to thinking through a
vulnerability lens. This collection demonstrates the broad and
intellectually exciting potential of vulnerability as a theoretical
foundation for legal and political engagements with a range of
urgent contemporary challenges. Exploring ways in which
vulnerability might provide a new ethical foundation for law and
politics, the book will be of interest to the general reader, as
well as academics and students in fields such as jurisprudence,
philosophy, legal theory, political theory, feminist theory, and
ethics.
Specifically designed for educational use in international
relations, law, political science, economics, and philosophy
classes, Human Rights in the World Community treats the full range
of human rights issues, including key paradoxes and contestations
surrounding human rights, implementation problems, and processes
involving international, national, and nongovernmental action. This
new, expanded edition reflects the global, large-scale change that
has occurred in the field of human rights, including the rise of
terrorism and the triple threats of climate change, nuclear
proliferation, and poverty, and each section features, as in
previous editions, provocatively probing discussion questions. For
the first time, the book's set of appendices are available online:
a bibliography, which encourages further study; an annotated human
rights filmography; and the texts of, and citations to, key human
rights instruments. Contributors: Seyla Benhabib, Fiona Beveridge,
Claudia Card, Richard Pierre Claude, Wade M. Cole, Karen Engle,
Tony Evans, Richard Fairbrother, Richard A. Falk, Judy Fudge, Conor
Gearty, Anna Grear, Cindy Holder, Paul Hunt, Bonny Ibhawoh, Michael
Ignatieff, Ratna Kapur, Harold Hongju Koh, Scott Leckie, Richard B.
Lillich, Stephen P. Marks, Susan Marks, Robert McCorquodale, Daniel
Moeckli, Siobhan Mullally, Martha C. Nussbaum, Jordan J. Paust,
Christopher N. J. Roberts, Douglas Roche, Dinah L. Shelton,
Penelope Simons, Margaret R. Somers, Felisa L. Tibbitts, Jonathan
Todres, Ineke van der Valk, Jeremy Waldron, Burns H. Weston, Hannah
Wittman.
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