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.

Few thinkers can have had a more diverse or a more contested impact on theorizing law than Michel Foucault. This diversity is reflected in the wide range of Foucault's work and of the intellectual fields it has so conspicuously influenced. Such diversity informs the present collection and is signalled in the headings of its four sections: ? Epistemologies: archaeology, discourse, Orientalism ? Political philosophy: discipline, governmentality and the genealogy of law ? Embodiment, difference, sexuality and the law ? The subject of rights and ethics. Whilst the published work selected for this collection amply accommodates this diversity, it also draws together strands in Foucault's work that coalesce in seemingly conflicting theories of law. Yet the editors are also committed to showing how that very conflict goes to constitute for Foucault an integral and radical theory of law. This theory ranges not just beyond the restrained and diminished conceptions of law usually derived from Foucault, but also beyond the characteristic concern in Jurisprudence and Legal Philosophy to constitute law in its difference and separation from other socio-political forms.

Every culture knows the phenomenon of monsters, terrifying creatures that represent complete alterity and challenge every basic notion of self and identity within a cultural paradigm. In Latin and Greek culture, the monster was created as a marvel, appearing as something which, like transgression itself, did not belong to the assumed natural order of things. Therefore, it could only be created by a divinity responsible for its creation, composition, goals and stability, but it was triggered by some in- or non-human action performed by humans. The identification of something as monstrous denotes its place outside and beyond social norms and values. The monster-evoking transgression is most often indistinguishable from reactions to the experience of otherness, merging the limits of humanity with the limits of a given culture. The topic entails a large intersection among the cultural domains of law, literature, philosophy, anthropology, and technology. Monstrosity has indeed become a necessary condition of our existence in the 21st century: it serves as a representation of change itself. In the process of analysis there are three theoretical approaches: psychoanalytical, representational, ontological. The volume therefore aims at examining the concept of monstrosity from three main perspectives: technophobic, xenophobic, superdiversity. Today’s globalized world is shaped in the unprecedented phenomenon of international migration. The resistance to this phenomenon causes the demonization of the Other, seen as the antagonist and the monster. The monster becomes therefore the ethnic Other, the alien. To reach this new perspective on monstrosity we must start by examining the many facets of monstrosity, also diachronically: from the philological origin of the term to the Roman and classical viewpoint, from the Renaissance medical perspective to the religious background, from the new filmic exploitations in the 20th and 21st centuries to the very recent ethnological and anthropological points of view, to the latest technological perspective , dealing with artificial intelligence.

This title provides a collection which fully addresses the relevance of Foucault's thought for law. The book provides an in-depth analysis of Foucault's thought as it pertains to the crucial questions of law, government and rights.

There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

This handbook sets out an innovative approach to the theory of law, reconceptualising it in a material, embodied, socially contextualised and politically radical way. The book consists of original contributions authored by prominent academics, all of whom provide a valuable overview of legal theory as a discipline. The book contains five sections: • Spatiotemporal • Sense • Body • Text • Matter Through this structure, the handbook brings the law into active discussion with other disciplines, as well as supra-disciplinary debates on the areas of spatiality, temporality, materiality, corporeality and sensorial studies, capturing the most exciting developments in current legal theory, and anticipating future research in the area. The handbook is essential reading for scholars and students of jurisprudence, sociology of law, critical legal studies, socio-legal theory and interdisciplinary legal studies, as well as those people from other disciplines interested in the way the law converses with interdisciplinarity. Chapter 12 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Although over the last two decades there has been a proliferation of gender studies, transgender has largely remained institutionalised as an ‘umbrella term’ that encapsulates all forms of gender understandings differing from what are thought to be gender norms. In both theoretical and medical literature, trans identity has been framed within a paradigm of awkwardness or discomfort, self-dislike or dysfunctional mental health. Marginal Bodies, Trans Utopias is a multidisciplinary book that draws primarily from Deleuze and post-structuralism in order to reformulate the concept of utopia and ground it in the materiality of the present. Through a radically new conceptualisation of the time and space of utopia, it analyses empirical findings from trans video diaries on the Internet belonging to transgender individuals. In doing so, this volume offers new insights into the everyday challenges faced by these subjectivities, with case studies focusing on: the legal/social impact of the UK’s Gender Recognition Act 2004, boundaries of public and private as evidenced within public toilets, and the narrative of the ‘wrong body’. Contextualising and applying Deleuzian concepts such as ‘difference’ and ‘marginal’ to the context of the research, Nirta helps the reader to understand trans as ‘unity’ rather than as a ‘mind-body mismatch’. Contributing to the reading and understanding of trans lived experience, this book shall be of interest to postgraduates and postdoctoral researchers interested in fields such as Transgender Studies, Critical Studies, Sociology of Gender and Philosophy of Time.