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Foucault and Educational Ethics
by Bruce MoghtaderIn his works on ethics, Foucault turned towards an examination of one's relationship with oneself and others. This differs from the modern approaches that explore the relationship between and the responsibilities of actors to each other by adopting criteria. Ethical criteria engender assumptions about the actors by focusing on their responsibilities. Instead of relying on criteria, Foucault's writing and lectures contributed to an awareness of the activities we take upon ourselves as ethical subjects. His reconstruction of the Greco-Roman ethics seeks to examine the possibilities of the reconstitution and transformation of subjectivity. Through this, he offers an avenue of understanding the formation of ethical subjects in their educational interrelationships.
Foucault and Law: On Law, Power And Rights (Philosophers And Law Ser.)
by Ben Golder Peter FitzpatrickFew 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.
Foucault's Law
by Ben Golder Peter FitzpatrickFoucault’s Law is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. Foucault’s Law is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally.
Foucault's Monsters and the Challenge of Law
by Alex SharpeIn 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.
Foucault's Politics of Philosophy: Power, Law, and Subjectivity (Law and Politics)
by Sandro ChignolaOriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault’s work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault’s "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is – drawing on an ethics of intellectual responsibility that is Weberian in origin – an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a ‘politics of philosophy’ implies that Foucault’s research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.
Foucault, Crime and Power: Problematisations of Crime in the Twentieth Century
by Christian BorchThis book presents a Foucauldian problematisation analysis of crime, with a particular focus on the twentieth century. It considers how crime has been conceived as problem and, by scrutinising the responses that have been adapted to deal with crime, demonstrates how a range of power modalities have evolved throughout the twentieth century. Christian Borch shows how the tendency of criminologists to focus on either disciplinary power or governmentality has neglected the broader complex of Foucault’s concerns: ignoring its historical underpinnings, whilst for the most part limiting studies to only very recent developments, without giving sufficient attention to their historical backdrop. The book uses developments in Denmark – developments that can be readily identified in most other western countries – as a paradigmatic case for understanding how crime has been problematised in the West. Thus, Foucault, Crime and Power: Problematisations of Crime in the Twentieth Century demonstrates that a Foucauldian approach to crime holds greater analytical potentials for criminological research than have so far been recognized.
Foundational Readings in Environmental Policy
by Younsung KimThrough an enlightening collection of academic articles, Foundational Readings in Environmental Policy deepens and broadens students' knowledge of the root cause of environmental policy and also provides suggested solutions to mitigate environmental impacts. Students are encouraged to better understand the complex nature of environmental issues, today's environmental policy approaches, and technologies and approaches that can create a more sustainable future. The anthology is organized into the units. Unit I covers the fundamental principles of environmental policy and politics. The readings explore the main features of environmental policy, how it differs from public policy, how policy is formed, the key actors involved in implementing policies, and more. Unit II outlines environmental issues beyond geographic boundaries and which are not limited to the natural/ecological realm. The readings focus on climate change, energy, and biodiversity loss. The final unit discusses emerging environmental issues and policy approaches, including environmental inequality, waste management, sustainable businesses, issues related to energy access in developing countries, and strategies for the future. Filling a gap in the current literature, Foundational Readings in Environmental Policy is an ideal resource for courses and programs in environmental policy.
Foundations Of Criminal Justice (Second Edition)
by Henry F. Fradella Stephen S. Owen Tod W. Burke Jerry W. JoplinWhat is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies? Foundations of Criminal Justice, Second Edition, uses a unique approach that provides students with the framework and the intellectual tools that they will need in order to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. This is the only introductory survey text that moves beyond a description of the criminal justice system, helping students understand the role of criminal justice in their lives as criminal justice practitioners and as active citizens.
Foundations Of Economic Analysis Of Law
by Steven ShavellIn this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Foundations Of Interprofessional Collaborative Practice In Health Care
by Margaret Slusser Luis I. Garcia Carole-Rae Reed Patricia Quinn McGinnisHealth care is a team effort, so why keep training for solo sprints?Introducing Foundations of Interprofessional Collaborative Practice in Health Care - a unique new textbook that will equip you to become an effective member of interprofessional healthcare teams. This completely new textbook is the first on the market to introduce the Interprofessional Education Collaborative (IPEC, 2011, 2016) Core Competencies for Interprofessional Collaborative Practice and to provide practice in applying these competencies to everyday practice. Expertly written by an interprofessional team for a wide variety of health professions students, this textbook provides a solid foundation in the four Core Competencies: Values and Ethics for Interprofessional Practice, Roles and Responsibilities, Interprofessional Communication, and Teams and Teamwork. It then elaborates each Core Competency by defining and describing each Sub-Competency. With a variety of interactive Case Studies, Caselets, and Exemplar Case Studies, it then illustrates the contributions and interconnectedness of each provider’s role to demonstrate how Core Competencies would be applied and put into action for improved patient outcomes. UNIQUE! Three-part units each addressing one of the four IPEC Core Competencies to help you to understand the core competencies and learn how to apply them in your own profession. UNIQUE! Detailed explorations of each Sub-Competency for all four IPEC Core Competencies thoroughlypresent the essential elements of each Core Competency for deep understanding of how to collaborate with other professions. UNIQUE! Case Studies, "Caselets," and Exemplar Case Studiesillustrate each competency and provide opportunities for you to apply your understanding of the material. A variety of Active Learning activities driven by core content are integrated into each chapter. UNIQUE! Global Perspectives boxes and additional international resources highlight the important work being done internationally in interprofessional education and interprofessional collaborative practice. Research Highlights help you to understand the reasoning and knowledge behind the Core Competencies. Learning Outcomes and Key Pointsoutline and review the main takeaways from each chapter.
Foundations Of Legal Research And Writing
by Carol M. Bast Margie HawkinsFOUNDATIONS OF LEGAL RESEARCH AND WRITING, Fifth Edition is the ideal resource for paralegals. The book's up-to-the-minute coverage tackles the ever-evolving areas of computer-assisted research and Cyber law, in addition to traditional legal research, analysis, and writing. Extensive research chapters address primary and secondary sources, citating, Lexis/Nexis, the Internet, and more, while writing sections center on drafting client opinion letters, pleadings, contracts, office memos, memoranda of law, and appellate briefs. Every chapter gives you practice writing opportunities, as well as traditional and computer-assisted research assignments to help develop your skills. Detailed case excerpts, samples, tips, and discussions further support the assignments, and illustrate the many perils of inadequate research and poor legal writing. Readers everywhere agree that FOUNDATIONS OF LEGAL RESEARCH AND WRITING, Fifth Edition delivers the concepts you need for success in the most demanding law firms and legal departments today.
Foundations Of The Vocational Rehabilitation Process
by Richard Roessler Stanford E. Rubin Phillip D. RumrillThe seventh edition of Foundations of the Vocational Rehabilitation Process provides historical, philosophical, legislative, and sociological foundations for the habilitation/rehabilitation of persons with disabilities. A thorough and current introduction to the American vocational rehabilitation process, this edition addresses mandates presented in the current major pieces of disability legislation influencing the practice of rehabilitation.This book presents theoretical and practical assistance in translating those mandates into positive action. It is this dual process of individual and environmental proactivity that can maximize the rehabilitation of disabled individuals. Not just for the dedicated rehabilitation counselor, this book is also for students attending an introductory course at the master's- or senior-level and in-service directors who design informative training programs. New in the seventh edition:Updated chapter on how "The Americans with Disabilities Act" (ADA), as amended in 2008, prohibits discrimination on the basis of disability in employment, public services, accommodations, and telecommunications. Updated section on the right to medical treatment in light of the 2012 "Affordable Care Act" (ACA). New information and updated references were added on the five disability types--physical disabilities, emotional disorders, intellectual disabilities, learning disabilities, and visual impairments and blindness. Now includes more than 1300 references, 300 of which are new.
Foundations and Futures in the Sociology of Religion (Theology and Religion in Interdisciplinary Perspective Series in Association with the BSA Sociology of Religion Study Group)
by Luke Doggett Alp AratSince the sociology of religion became recognised as a distinct sub-discipline over the last century, the dominance of approaches taking their inspiration from the sociological classics has increasingly been challenged. Empirical findings have brought the notion of secularisation into question; and theorists have sought to deconstruct how we think of ‘religion.’ This collection appraises the continuing influence of the foundational approaches and places these in relation to newly emerging directions in the field. The book is divided into four sections, each section containing one ‘foundational’ chapter written by an established academic followed by two ‘futures’ chapters contributed by emerging scholars in the sub-discipline. These chapters complement one another by placing the overview of future directions in the context of a survey of the development of the sociology of religion over the last century. Topics discussed in these chapters include lived religion, sexuality, ritual, religion and the media. Combining erudite examinations of the British Sociological Association Sociology of Religion Study Group’s work so far with explorations of the future directions its research might take, this book is vital reading for any scholar whose work combines religious studies and sociology.
Foundations of Aviation Law
by Michael W. Pearson Daniel S. RileyFoundations of Aviation Law is an easy-reading general primer into the often complex world of aviation law, written for aviation students as well as legal professionals who are looking for broad-based, introductory coverage of the subject. The text begins with basic legal concepts that build a foundation for in-depth exploration of aviation-specific subject matter. This allows the instructor to utilize one text in situations where a basic foundation in law is required before moving into aviation law specifics. It includes citations to relevant and key court decisions that provide a solid underpinning for the student of aviation law. The book is divided into six general categories, with fifteen relevant sub-chapters, allowing focused learning into particular areas of law. Throughout it features chapter summaries, key word indices and review questions. The design easily allows instructors to develop syllabi that spotlight the specific area of law that they are interested in exploring, providing comprehensive coverage of both traditional introductory legal concepts and topical aviation subject matter.
Foundations of Business and Company Law: US, UK, Italy and the European Context
by Sabrina BrunoThis textbook focuses on the interrelationships between economic elements and legal principles with regard to business and company law. Three jurisdictions are taken into consideration: US, UK, and Italian law (the last of which was chosen as a “prototype” of continental European legal systems). The economic elements underlying business and company law are actually common to the three legal systems and, consequently, their legal principles and rules are similar despite one jurisdiction (namely, Italy) being based on civil law and the other two on common law. Their similarities are also due to the historical origins of the legal instruments that are covered by the book: partnership law dates back to the Romans, while company law can be traced back to English law. Roman law and English law have influenced, respectively, partnership law and company law around the globe. The book addresses the following topics: proprietorship law, partnership law and company law. For each topic, it first identifies the economic and legal elements that are shared by the three jurisdictions, then explores each one separately to highlight the differences. The textbook is based on over thirty years of research on business and company law conducted by the author in Italy, the UK and US and more than fifteen years of teaching this subject to international students at Luiss G. Carli University of Rome as part of its Bachelor of Economics and Business program.
Foundations of Civil Justice
by Fabien Gélinas Clément Camion Karine Bates Siena Anstis Catherine Piché Mariko Khan Emily GrantThis book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.
Foundations of Criminal Justice
by Henry F. Fradella Stephen S. Owen Tod W. Burke Jerry W. JoplinWhat is law? What is deviance? What is justice? How is justice achieved through law, punishment, and criminal justice agencies? Now in its third edition, Foundations of Criminal Justice uses a unique approach that provides students with the framework and the intellectual tools that they will need in order to critically analyze and evaluate the nature, sources, scope, purposes, and practical limitations of the criminal justice system. <p><p> This is the only introductory survey text that moves beyond a description of the criminal justice system, helping students understand the role of criminal justice in their lives as criminal justice practitioners and as active citizens.
Foundations of Dispute Resolution: Volume I (Complex Dispute Resolution)
by Carrie Menkel-MeadowThis volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.
Foundations of EU Food Law and Policy: Ten Years of the European Food Safety Authority
by Alberto Alemanno Simone GabbiThis volume presents the viewpoints of academics, food lawyers, industry and consumer representatives as well as those of EU policymakers on the first ten years of activity of one of the most prominent European agencies. Its broader purpose, however, is to discuss the future role played by EFSA within the rapidly-evolving area of EU food law and policy. By revisiting and discussing the milestones in the history of EFSA, the collection provides forward-looking views of food leaders and practitioners on the future scientific and regulatory challenges facing the European Union. In particular, by presenting a critical assessment of the agency’s activities within its different areas of work, the book offers readers a set of innovative tools for evaluating policy recommendations and better equips experts and the public to address pressing regulatory issues in this emotive area of law and policy. Despite its celebratory mood, the book’s focus is more about the future than the past of EU food law and policy. Each chapter discusses how EFSA’s role has evolved and identifies what it should have done differently while presenting an overall assessment of how the agency has discharged its mandate.
Foundations of Freedom: Welfare-Based Arguments Against Paternalism (Routledge Studies in Contemporary Philosophy)
by Simon R. ClarkeWhat makes individual freedom valuable? People have always believed in freedom, have sought it, and have sometimes fought and died for it. The belief that it is something to be valued is widespread. But does this belief have a rational foundation? This book examines answers to these questions that are based on the welfare of the person whose freedom is at stake. There are various conceptions of a worthwhile life, a life that is valuable for the person whose life it is. These conceptions will be examined to see whether they are plausible and what their connection, if any, is to freedom. Are they compelling foundations for freedom? Does freedom make a person’s life better or would his/her welfare be advanced by restricting freedom?
Foundations of Higher Education Law and Policy: Basic Legal Rules, Concepts and Principles for Student Affairs
by Peter F. LakeFoundations Of Higher Education Law And Policy: Basic Legal Rules, Concepts And Principles For Student Affairs
Foundations of International Commercial Law
by Christian Twigg-FlesnerFoundations of International Commercial Law provides a fresh analysis of both the contextual features of International Commercial Law and a range of different International Commercial Law instruments. This text covers the various elements which comprise International Commercial Law, the academic debates about the lex mercatoria and harmonisation, as well as a discussion of selected conventions and other instruments. International Commercial Law is concerned with commercial transactions which have an international dimension, for example contracts between parties from multiple jurisdictions. As an area of study, it is characterised by the interaction of a wide range of national and international legal sources which all shape the overall context within which international commercial contracts are made and performed. This book focuses on the international legal sources in particular. It first explores all the different elements which together comprise the context of international commercial transactions, before examining the process of making International Commercial Law. Specific instruments of International Commercial Law discussed in the book include the conventions on the international sale of goods, agency, financial leasing, factoring, receivables financing and secured interests in mobile equipment, together with the UNIDROIT Principles of International Commercial Contracts and documentary credits. There are separate chapters on private international law and international commercial arbitration, and a final chapter exploring the existing and potential impact of the digital economy on International Commercial Law. Offering a detailed overview of the main themes and key aspects of International Commercial Law, this book is for readers who are new to the subject, whether undergraduate or postgraduate students, legal scholars, practitioners or policymakers.
Foundations of International Migration Law
by Richard Perruchoud Brian Opeskin Jillyanne Redpath-CrossInternational migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Foundations of Psychological Profiling: Terrorism, Espionage, and Deception
by Richard BloomProfiling is a hot topic today. The post-9/11 "War on Terrorism" has engendered political, ethical, and scientific controversy over its use. The proliferation of recent films, television programs, and books is a sociocultural indicator of widespread interest. Designed for a diverse audience including law enforcement officers, intelligence and secur
Foundations of Social Policy: Social Justice in Human Perspective (Sixth Edition) (Empowerment Series)
by Amanda Smith Barusch<p>Reflecting the idea that social justice is a primary mission of the social work profession, this text provides a thorough grounding in policy analysis -- with coverage of policy practice and a unique emphasis on the human dilemmas inherent in the pursuit of social justice. Aligned with current standards and core competencies, Foundations of <p>Social Policy, 6th Edition introduces you to philosophical perspectives on what constitutes social justice, and identifies values and assumptions reflected in contemporary policy debates. Students have said they like how this book deepens their understanding of current developments, including topics straight from the headlines. The book also introduces you to people whose lives are influenced by U.S. policies, as well as to those who have shaped the policies.</p>