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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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States of Exception: Human Rights, Biopolitics, Utopia


ISBN13: 9781035354771
To be Published: November 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2023)
Price: £31.95
Hardback edition , ISBN13 9781800376434



Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.

Costas Douzinas assesses and critiques the ways in which governments responded to three emergencies: the 2008 economic crisis, the large flows of refugees and migrants since the 2010s, and the COVID-19 pandemic. Utilising Foucault’s theory of biopolitics and Douzinas’ experience as a critical scholar and politician, this insightful book reviews the law and politics of emergency and proposes a theory and future pathways of resistance. Ultimately, States of Exception asks to what extent critical legal theory can inform radical politics and argues that human rights are not the ‘last utopia’ but a combination of the unfulfilled promise of dignity with the desire to transcend inequality and exploitation.

This multidimensional exploration of the intersection between critical legal theory, human rights philosophy and radical politics offers a unique insight to students, academics and researchers specialising in legal theory, human rights law, jurisprudence and politics. It will also prove beneficial for professionals and practitioners working in the legal and political sectors.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction: the sense of an ending

PART I. STATES OF EXCEPTION, STATES OF NECESSITY
1. Biopolitics, rights, subjects 2 States of exception, states of necessity 3 Protest and resistance in the pandemic 4 A theory of resistance 5 Refugees: politics, law, ethics

PART II. CRITICAL REFLECTIONS ON HUMAN RIGHTS
6. Human rights in history 7 Law, morality, politics 8 Neolegalism 9 Cosmopolitanism and just wars 10 The desire called utopia

Index