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Constituent Power: Law, Popular Rule and Politics
- 2020
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of ’the people’ in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies. With a strong focus on constitutional law, this book examines the legal as well as the political power of ‘the people’ in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and ‘the people’. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort and Jacques Rancière.
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International Law and Posthuman Theory
- 2024
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- From the vast environmental devastation being caused by climate change, to the increasing use of artificial intelligence by various international legal actors, to international law’s ongoing need to face up to its colonial past, international law is changing. Assembling a series of voices from across the field of international law, this book demonstrates how posthuman theory can be used to better understand and tackle some of the challenges that contemporary international law is facing. International law traditionally aims to regulate and preserve a stable global order in which states act as its main subjects, yet the sources availed for this ordering exercise – international legal statutes, customary international law, historical precedents and general principles of law – create a framework, reactive and conservative in character. International law’s perpetual turn towards its own past slows down its capacity to act on contemporary challenges and imagine futures yet to come – unless it is coupled with a theoretical framework worthy of that task. This collection maintains that posthuman theory can be used to better understand and tackle some of the challenges that contemporary international law is facing. Covering a wide array of key contemporary topics – from environmental law and the law of the sea, to issues of race and the continued power of colonialism in international law, to human rights law, to key concerns raised by conflict, and the impact of science and technology on international law – this collection is the first 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 Rosi Braidotti, 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.
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