Law Ethics And The Biopolitical

Law, Ethics and the Biopolitical explores the idea that legal authority is no longer related to national sovereignty, but to the ‘moral’ attempt to nurture life. The book argues that whilst the relationship between law and ethics has long been a central concern in legal studies, it is now the relationship between law and life that is becoming crucial. The waning legitimacy of conventional conceptions of sovereignty is signalled the renewal of a version of natural law, evident in discourses of human rights, that de-emphasises the role of a divine law-giver in favour of an Aristotelian conception of the natural purpose of life and the ‘common good’. Synthesising elements of legal scholarship on sovereignty, theories of biopolitics and biopower, as well as recent developments in the domains of ethics, Amy Swiffen examines the invocation of ‘life’ as a foundation for legal authority. The book documents the connection between law, life and contemporary forms of biopolitical power by critically analysing the fundamental principles of the bioethical paradigm. Unique in its critical and cross-disciplinary approach, Law, Ethics and the Biopolitical will be of interest to students and teachers in the areas of law and society, law and literature, critical legal studies, social theory, bioethics, psychoanalysis, and biopolitics.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly Western structures of legal learning within a wider context. Assembling original, field-defining essays by both leading international scholars and emerging researchers, it constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

Issues in reproductive ethics, such as the capacity of parents to ‘choose children’, present challenges to philosophical ideas of freedom, responsibility and harm. This book responds to these challenges by proposing a new framework for thinking about the ethics of reproduction that emphasizes the ways that social norms affect decisions about who is born. The book provides clear and thorough discussions of some of the dominant problems in reproductive ethics - human enhancement and the notion of the normal, reproductive liberty and procreative beneficence, the principle of harm and discrimination against disability - while also proposing new ways of addressing these. The author draws upon the work of Michel Foucault, especially his discussions of biopolitics and norms, and later work on ethics, alongside feminist theorists of embodiment to argue for a new bioethics that is responsive to social norms, human vulnerability and the relational context of freedom and responsibility. This is done through compelling discussions of new technologies and practices, including the debate on liberal eugenics and human enhancement, the deliberate selection of disabilities, PGD and obstetric ultrasound.

This volume links three different theoretical approaches that have a common focus on the relationship between biopolitics and bioethics. This collection of papers can be categorized into different domains that are representative of the contemporary usage of biopolitics as a concept. On the one hand, several chapters develop a clear and up-to-date understanding of the primary sources of the concept and related theories of Agamben, Negri or Foucault and approach the question of relevance within the field of bioethics. Another group of papers apply the philosophical concepts and theories of biopolitics (biopower, Homo Sacer, biocitizenship) on very specific currently debated bioethical issues. Some scholars rely on the more mundane understanding of (bio)politics and investigate how its relationship with bioethics could be philosophically conceptualized. Additionally, this work also contains papers that follow a more legally oriented analysis on the effects of contemporary biopolitics on human rights and European law. The authors are philosophers, legal scholars or bioethicists. The major strength of this volume is to provide the reader with major insights and orientation in these different contemporary usages of the concept and theories of biopolitics, within the context of its various ethically relevant applications.

Animal studies and biopolitics are two of the most dynamic areas of interdisciplinary scholarship, but until now, they have had little to say to each other. Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics. Wolfe argues that the human-animal distinction must be supplemented with the central distinction of biopolitics: the difference between those animals that are members of a community and those that are deemed killable but not murderable. From this understanding, we can begin to make sense of the fact that this distinction prevails within both the human and animal domains and address such difficult issues as why we afford some animals unprecedented levels of care and recognition while subjecting others to unparalleled forms of brutality and exploitation. Engaging with many major figures in biopolitical thought—from Heidegger, Arendt, and Foucault to Agamben, Esposito, and Derrida—Wolfe explores how biopolitics can help us understand both the ethical and political dimensions of the current questions surrounding the rights of animals.

Typically, the legal investigation of nonhuman life, and of animal life in particular, is conducted through the discourse of animal rights. Within this discourse, legal rights are extended to certain nonhuman animals through the same liberal framework that has afforded human rights before it. Animals, Biopolitics, Law envisions the possibility of lively legalities that move beyond the humanist perspective. Drawing on an array of expertise—from law, geography, and anthropology, through animal studies and posthumanism, to science and technology studies—this interdisciplinary collection asks what, in legal terms, it means to be human and nonhuman, what it means to govern and to be governed, and what are the ethical and political concerns that emerge in the project of governing not only human but also more-than-human life.

A growing sense of urgency over obesity at the national and international level has led to a proliferation of medical and non-medical interventions into the daily lives of individuals and populations. This work focuses on the biopolitical use of lifestyle to govern individual choice and secure population health from the threat of obesity. The characterization of obesity as a threat to society caused by the cumulative effect of individual lifestyles has led to the politicization of daily choices, habits and practices as potential threats. This book critically examines these unquestioned assumptions about obesity and lifestyle, and their relation to wider debates surrounding neoliberal governmentality, biopolitical regulation of populations, discipline of bodies, and the possibility of community resistance. The rationale for this book follows Michel Foucault’s approach of problematization, addressing the way lifestyle is problematized as a biopolitical domain in neoliberal societies. Mayes argues that in response to the threat of obesity, lifestyle has emerged as a network of disparate knowledges, relations and practices through which individuals are governed toward the security of the population’s health. Although a central focus is government health campaigns, this volume demonstrates that the network of lifestyle emanates from a variety of overlapping domains and disciplines, including public health, clinical medicine, media, entertainment, school programs, advertising, sociology and ethics. This book offers a timely critique of the continued interventions into the lives of individuals and communities by government agencies, private industries, medical and non-medical experts in the name of health and population security and will be of interests to students and scholars of critical international relations theory, health and bioethics and governmentality studies.

A growing sense of urgency over obesity at the national and international level has led to a proliferation of medical and non-medical interventions into the daily lives of individuals and populations. This work focuses on the biopolitical use of lifestyle to govern individual choice and secure population health from the threat of obesity. The characterization of obesity as a threat to society caused by the cumulative effect of individual lifestyles has led to the politicization of daily choices, habits and practices as potential threats. This book critically examines these unquestioned assumptions about obesity and lifestyle, and their relation to wider debates surrounding neoliberal governmentality, biopolitical regulation of populations, discipline of bodies, and the possibility of community resistance. The rationale for this book follows Michel Foucault’s approach of problematization, addressing the way lifestyle is problematized as a biopolitical domain in neoliberal societies. Mayes argues that in response to the threat of obesity, lifestyle has emerged as a network of disparate knowledges, relations and practices through which individuals are governed toward the security of the population’s health. Although a central focus is government health campaigns, this volume demonstrates that the network of lifestyle emanates from a variety of overlapping domains and disciplines, including public health, clinical medicine, media, entertainment, school programs, advertising, sociology and ethics. This book offers a timely critique of the continued interventions into the lives of individuals and communities by government agencies, private industries, medical and non-medical experts in the name of health and population security and will be of interests to students and scholars of critical international relations theory, health and bioethics and governmentality studies.