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This book’s essays aim subversively and resolutely to replace the
hegemonic discursive frame governing comparative law. Beyond
harnessing negative critique to resist the orthodoxy’s
self-assured cognitive assumptions, at once unexamined and
indefensible, the argument mobilizes negativity as an empowering
idea, a resource towards the displacement of the brand of
comparative law that has been fostering a closing of the comparing
mind. To answer the demands of the moment and herald foreign law
research as a creditable intellectual development, one requires to
engage in a culturalist theorization and practice of comparative
law at radical variance from the prevailing positivist model. The
negative turn, then, is a call to comparative action – a
comparative motion – in support of the robustly undisciplined
thinking that must thoroughly inform research into foreign law. In
photography, the negative has been employed productively to
generate a positive print. In comparative law, negation wants to
affirm edifying epistemic yields. This book will benefit all law
teachers and postgraduate law students interested in the workings
of law on the international scene, whether specialists in
comparative law, public international law, private international
law, transnational law, or foreign relations law – in particular,
individuals bringing to bear a critical inclination to their
subject-matter.
This book's essays seek to cleanse comparative law of some of the
epistemic detritus it has been collecting and that has been
cluttering its theory and practice to the point where this flotsam
has effectively stultified 'good' comparison. While a critique
would pursue adjustments to the prevailing model, this text's
negative critique seeks a much more radical refurbishment as it
utters an emphatic 'no' to the governing epistemology: it pursues,
in effect, a deposition and a disposition of the leading epistemic
configuration and the various assumptions regarding the acquisition
of knowledge about foreign law that inform it. Negative comparative
law thus operates at a primordial level inasmuch as it concerns the
matter of justice: it aims to do justice to foreign law as
foreignness finds itself appropriated and travestied by
comparatists for ideological purposes. In the process, negative
critique purports significantly to enhance comparative law's
institutional, intellectual, and ethical respectability. This book
will benefit all law teachers and postgraduate law students
interested in the workings of law on the international scene,
whether specialists in comparative law, public international law,
private international law, transnational law, or foreign relations
law - in particular, individuals bringing to bear a critical
inclination to their subject-matter.
Nanomaterials are materials with a characteristic length scale (particle diameter, grain size) or less than 100 nanometers. The use of nanoparticles aims to take advantage of their better or even different properties as compared to bulk behaviour (confinement effect, larger surface area to volume ratio). At first nanomaterials were used as catalysts and pigments, but now their mechanical, optical, electric and biological properties of silicon based nanostructures at all stages of the process, from the synthesis of nanopowders to the final material. eBook available with sample pages: 0203222296
Written under the sign of Beckett, this book addresses comparative
law's commitment to the deterritorialization of the legal and its
attendant claim for the normative relevance of foreign law locally
in the fabrication of statutory determinations, judicial opinions,
or academic reflections. Wanting to withstand the law's persistent
tendency towards nationalist retrenchment and counter comparative
law's institutional marginalization, the fifteen essays at hand
impart radical and discerning intellectual equipment in order to
foster the valorization of the legally foreign and the comparative
motion. In particular, the critique informing this manifesto
examines pre-eminent topics like culture and difference,
understanding and translatability, objectivity and truth, invention
and tracing. Harnessing insights from a range of disciplinary
discourses, this book contends that comparatists must boldly desist
from their field's dominant epistemology and embrace a practice
much better attuned to the study of foreignness.
The 14 essays that make up this 2003 volume are written by leading
international scholars to provide an authoritative survey of the
state of comparative legal studies. Representing such varied
disciplines as the law, political science, sociology, history and
anthropology, the contributors review the intellectual traditions
that have evolved within the discipline of comparative legal
studies, explore the strengths and failings of the various
methodologies that comparatists adopt and, significantly, explore
the directions that the subject is likely to take in the future. No
previous work had examined so comprehensively the philosophical and
methodological foundations of comparative law. This is quite simply
a book with which anyone embarking on comparative legal studies
will have to engage.
Populism in politics and policy orientations in law have thrown the
jurisdiction of the academy and the disciplines of interpretation
into disarray. Critique flounders in abstraction and negativity,
law loses itself in particularity. Administering Interpretation
brings together philosophers, humanists, and jurists from both
continental and Anglophone jurisdictions to reassess the status and
trajectory of interpretative theory as applied in the art of law.
Tracking the thread of philosophical influences upon the community
of legal interpretation, the essays move from the translation and
wake of Derrida to the work of Agamben, from deconstruction to
oikononmia. Sharing roots in the philological excavation of the
political theology of modern law, contributors assess the failure
of secularism and the continuing theological borrowings of
juridical interpretation. The book brings contemporary critique to
bear upon the interpretative apparatuses of exclusion, the law of
spectacular sovereignty, and the bodies that lie in its wake.
Contributors: Giovanna Borradori, Marinos Diamantides, Allen
Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel
Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter,
Katrin Trüstedt, Marco Wan
These fourteen essays present an authoritative review of the current state of comparative legal studies. With backgrounds in law, political science, sociology, history and anthropology, the contributors examine comparative law's intellectual traditions; the strengths and failings of its methodologies; and, most importantly, future directions the subject is likely to take. This comprehensive study of the philosophical and methodological foundations of comparative law is a book with ideas and arguments every comparatist scholar is drawn to.
Populism in politics and policy orientations in law have thrown the
jurisdiction of the academy and the disciplines of interpretation
into disarray. Critique flounders in abstraction and negativity,
law loses itself in particularity. Administering Interpretation
brings together philosophers, humanists, and jurists from both
continental and Anglophone jurisdictions to reassess the status and
trajectory of interpretative theory as applied in the art of law.
Tracking the thread of philosophical influences upon the community
of legal interpretation, the essays move from the translation and
wake of Derrida to the work of Agamben, from deconstruction to
oikononmia. Sharing roots in the philological excavation of the
political theology of modern law, contributors assess the failure
of secularism and the continuing theological borrowings of
juridical interpretation. The book brings contemporary critique to
bear upon the interpretative apparatuses of exclusion, the law of
spectacular sovereignty, and the bodies that lie in its wake.
Contributors: Giovanna Borradori, Marinos Diamantides, Allen
Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel
Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter,
Katrin Trustedt, Marco Wan
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