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The Faustian Pact in International Law: Literature, Jurisprudence and Giorgio Agamben's Critical Theory


ISBN13: 9781474455664
Published: May 2024
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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Examines the significance of the Faustian pact in international criminal law

  • The work is a fresh ‘take’ not only on critical legal theory or law-and-literature but, rather, a powerful and cutting-edge fusion of the two: a critico-cultural legal study
  • The book’s readings of drama, prose fiction and lyric, are always contextualised in terms of law, broadly construed - in terms of doctrine, policy and jurisprudence – that demonstrate not only a deep understanding of, but a bold deconstruction of the claims to a ‘higher good’ of, for example, the international criminal courts, the law of the sea, human rights law, humanitarian law, and contemporary sovereignty
  • Further, these readings are tied together by the ‘golden thread’ of critical theory running throughout and turning, in particular, on the work of Agamben, Schmitt, and Kantorowicz, all mobilised to navigate and negotiate the relationship between law and the aesthetic

    The book provides an original and captivating perspective on international law and Giorgio Agamben’s work. The manuscript is profoundly aesthetic-textual in its approach, as exemplified in its deft and insightful close readings of drama (Goethe’s Faust), prose fiction (Melville’s Bartleby and Benito Cereno) and lyric, be it devotional (Laudes Regiae, Handel, ‘The Lord is a Man of War’) or otherwise (Edwin Starr’s ‘War’, Boy George’s ‘War Song’). Attentive to language, plot, theme and characterisation, these readings not only read the texts in question, but they also read them anew, yielding fresh, innovative, and unique cultural legal interpretations.

Subjects:
Jurisprudence, Law and Literature
Contents:
Introduction: Goethe’s Faust, Giorgio Agamben, and International Law
1. ‘Behold, I tell you a mystery’: Tracing Faust’s Influences on Giorgio Agamben to and from International Law
2. Reading Faust into International Criminal Law’s Metaphorical References to the Devil
3. What is Real about Experimental Norms? Thinking with Giorgio Agamben about Medical Trials
4. Carl Schmitt as a Subject and Object of International Criminal Law: Ethical Judgement In Extremis
5. Saving Humanity from Hell: International Criminal Law and Permanent Crisis
6. Artificial Islands, Artificial Highways and Pirates: An East African Perspective on the South China Sea Disputes
7. Follow your Leader – I Prefer Not to: Models for Non-violent Resistance in Giorgio Agamben via Herman Melville
8. The President’s Two Bodies: A Study in Applied Political Theology
9. People, Politics and Populism in International Criminal Law
10. War! What is it Good For? Law, Violence, the ‘Laudes Regiae’ and Laudatory Reggae