Andreas Philippopoulos-Mihalopoulos - Böcker

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details: a flourishing of law’s spatiality and urban legal localityan unfolding of both the juridical urban body and the city’s legal dreams, of both the ‘urban law’ and the ‘juridical polis’.Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence.The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.

Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations.The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy.It explores a range of topics in the areas of environmental law and urban geography, including:environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban wastediscourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Law and Ecology: New Environmental Foundations contains a series of theoretical and applied perspectives on the connection between law and ecology, which together offer a radical and socially responsive foundation for environmental law. While its legal corpus grows daily, environmental law has not enjoyed the kind of jurisprudential underpinning generally found in other branches of law. This book forges a new ecological jurisprudential foundation for environmental law – where ‘ecological' is understood both in the narrow sense of a more ecosystemic perspective on law, and in the broad sense of critical self-reflection of the mechanisms of environmental law as they operate in a context where boundaries between the human and the non-human are collapsing, and where the traditional distinction between ecocentrism and anthropocentrism is recast. Addressing current debates, including the intellectual property of bioresources; the protection of biodiversity in view of tribal land demands; the ethics of genetically modified organisms; the redefinition of the 'human' through feminist and technological research; the spatial/geographical boundaries of environmental jurisdiction; and the postcolonial geographies of pollution – Law and Ecology redefines the way environmental law is perceived, theorised and applied. It also constitutes a radical challenge to the traditionally human-centred frameworks and concerns of legal theory.

Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence.The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.

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• MatterThrough 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 21 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138956469_oachapter21.pdf

There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space.Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the lawscape, as the tautology between law and space, and the concept of atmosphere in its geological, political, aesthetic, legal and biological dimension.Written by a leading theorist in the area, Spatial Justice: Body, Lawscape, Atmosphere forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues.

There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space.Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the lawscape, as the tautology between law and space, and the concept of atmosphere in its geological, political, aesthetic, legal and biological dimension.Written by a leading theorist in the area, Spatial Justice: Body, Lawscape, Atmosphere forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues.

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• MatterThrough 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.

This is a book about justice, but not as we know it. Andreas Philippopoulos-Mihalopoulos argues that justice is always hydrojustice – that is, always defined in relation to water, the element that constitutes and unites all bodies, human and nonhuman. Hence justice is not an ideal state reached through merely human procedures (legal, political, economic, etc.) but also a planetary one, always conjoined with the element of water that both constitutes and transcends the boundaries of the human. In short, hydrojustice is the just confluence of all bodies, human and nonhuman.For the first time, this book brings questions of justice into line with the current literature on water. Up to now, justice has been understood as an anthropocentric affair, with most existing theories accepting and reinforcing the division between human and nonhuman. This book builds on feminism, ecology, posthumanism and the current Blue Turn in the humanities and social sciences, and puts questions of justice at their core.What the book proposes, however, is not simply an ecological concept of justice. Rather, through examples taken from current affairs, science and the art world, it attempts a radical recalibration of what justice is. The book argues that hydrojustice is already here, part of our planetary condition, but it requires unearthing, in the double sense of revealing what is hidden and allowing earth to cede priority to the aquatic.

This is a book about justice, but not as we know it. Andreas Philippopoulos-Mihalopoulos argues that justice is always hydrojustice – that is, always defined in relation to water, the element that constitutes and unites all bodies, human and nonhuman. Hence justice is not an ideal state reached through merely human procedures (legal, political, economic, etc.) but also a planetary one, always conjoined with the element of water that both constitutes and transcends the boundaries of the human. In short, hydrojustice is the just confluence of all bodies, human and nonhuman.For the first time, this book brings questions of justice into line with the current literature on water. Up to now, justice has been understood as an anthropocentric affair, with most existing theories accepting and reinforcing the division between human and nonhuman. This book builds on feminism, ecology, posthumanism and the current Blue Turn in the humanities and social sciences, and puts questions of justice at their core.What the book proposes, however, is not simply an ecological concept of justice. Rather, through examples taken from current affairs, science and the art world, it attempts a radical recalibration of what justice is. The book argues that hydrojustice is already here, part of our planetary condition, but it requires unearthing, in the double sense of revealing what is hidden and allowing earth to cede priority to the aquatic.

This timely Handbook brings together a collection of innovative interdisciplinary approaches to explore the use of research methods in environmental law. With chapters on topics ranging from sustainability, climate change and activism to education, actor-network theory and non-human ontologies, this Handbook provides a theoretically informed analysis of methodological approaches to this important field. Taking into consideration issues such as non-human agency, the Anthropocene, and spatial and material turns in law this book builds on key concepts in the subject. The book also considers how environmental law must adapt to the new and urgent needs of a variety of bodies, both human and non-human, that require its protection. It argues that traditional ways of conceiving environmental law, and of accounting for problems brought about through anthropocentric means, have led to the reinstatement of the problem of environmental degradation without imagining different avenues to resolve it. This Handbook is a key addition to the existing literature and provides an invaluable contribution to practical critique and to the reimagining of environmental law. It will be a crucial compendium for graduate students and researchers in the field of environmental law wishing to explore critical approaches.Contributors include: R. Bartel, I. Braverman, V. Brooks, P. Burdon, E. Cloatre, L. Finchett-Maddock, J. Gillespie, A. Grear, J. Holder, A. Kotsakis, L. Kotze, B. Lange, D. Mandic, J. Martel, D. McGillivray, K. Morrow, E. Mussawir, U. Natarajan, M. Nikolic, Y. Otomo, J. Paterson, A. Pavoni, A. Philippopoulos-Mihalopoulos, I.-J. Sand, F. Venter, B. Woodard

Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations.The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy.It explores a range of topics in the areas of environmental law and urban geography, including:environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban wastediscourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.

Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details: a flourishing of law’s spatiality and urban legal localityan unfolding of both the juridical urban body and the city’s legal dreams, of both the ‘urban law’ and the ‘juridical polis’.Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

Taste usually occupies the bottom of the sensorial hierarchy, as the quintessentially hedonistic sense, too close to the animal, the elemental and the corporeal, and for this reason disciplined and moralised. At the same time, taste is indissolubly tied to knowledge. To taste is to discriminate, emit judgement, enter an unstable domain of synaesthetic normativity where the certainty of metaphysical categories begins to crumble. This second title in the ‘Law and the Senses’ series explores law using taste as a conceptual and ontological category able to unsettle legal certainties, and a promising tool whereby to investigate the materiality of law’s relation to the world. For what else is law’s reduction of the world into legal categories, if not law’s ingesting the world by tasting it, and emitting moral and legal judgements accordingly? Through various topics including coffee, wine, craft cider and Japanese knotweed, this volume explores the normativities that shape the way taste is felt and categorised, within and beyond subjective, phenomenological and human dimensions. The result is an original interdisciplinary volume – complete with seven speculative ‘recipes’ – dedicated to a rarely explored intersection, with contributions from artists, legal academics, philosophers, anthropologists and sociologists.

Vision traditionally occupies the height of the sensorial hierarchy. The sense of clarity and purity conveyed by vision, allows it to be explicitly associated with truth and knowledge. The law has always relied on vision and representation, from eye-witnesses to photography, to imagery and emblems. The law and its normative gaze can be understood as that which decrees what is permitted to be and become visible and what is not. Indeed, even if law’s perspectival view is bound to be betrayed by the realities of perception, it is nonetheless productive of real effects on the world.This first title in the interdisciplinary series ‘Law and the Senses’ asks how we can develop new theoretical approaches to law and seeing that go beyond a simple critique of the legal pretension to truth. This volume aims to understand how law might see and unsee, and how in its turn is seen and unseen. It explores devices and practices of visibility, the evolution of iconology and iconography, and the relation between the gaze of the law and the blindness of justice. The contributions, all radically interdisciplinary, are drawn from photography, legal theory, philosophy, and poetry.

Andreas Philippopoulos-Mihalopoulos's Book of Water is a collection of short stories about desire, fear, life, care, and ecological anxiety, all narrated through the physical and metaphysical presence of water. This water is not the open, bucolic water of the romantic imagination. It is the claustrophobic water of the deep seabed, the flooded cities, the womb. It is a water that brings oblivion, serenity, and salvation.At first impression, the stories are narrated by a multiplicity of voices preoccupied with everyday psychological situations. At some point, however, the quotidian withdraws and gives way to surreal and disorienting moments of ethical, political, psychoanalytical, ecological, and personal challenges. The book is a literary response to the current geological epoch of the Anthropocene, where the effect of the human presence on the planet and its various elements seems by now irreversible. The bodies in this collection are not limited to the human-nonhuman and inhuman alike centre in the stories. The protagonist, however, remains the body of water.

“We knew very little with any certainty. One thing, though, was confirmed by everyone: that we were not the only ones flooded. For all we knew, every city across the globe had suffered a comparable fate”.As an unnamed city finds itself partially submerged below water, a small community of friends and lovers is forced to adapt to a world that has been radically transformed. An arresting vision of the wages of ecological disaster, Our Distance Became Water is at once lyrical, moving, and psychologically acute. Endlessly inventive in both its style and its substance, this is a singularly powerful literary response to environmental change. Our Distance Became Water is the debut novel of Andreas Philippopoulos-Mihalopoulos, author of the acclaimed short story collection Book of Water.

Edited by Angela Condello, Carlo Grassi and Andreas Philippopoulos-Mihalopoulos With an introduction by Carlo GrassiTranslated by Cadenza Academic Translations and Angela CondelloWhat does it mean to judge when there is no general and universal norm to define what is right and what is wrong? Can laws be absent and is law always necessary?This is the first English translation published of Jean- Luc Nancy’s acclaimed consideration of the law’s most pervasive principles in the context of actual systems and contemporary institutions, power, norms, laws. In a world where it is impossible to imagine the realisation of an ideal of justice that corresponds to every person’s ideal of justice, Nancy probes the limits of legal normativity. Moreover, the question is asked: how can legal normativity be legitimised? A legal order based on performativity and formal validity is questionable and other forces than juridical normativity are at the heart of Dies Irae. Such leads inevitably to the processes of inclusion and exclusion that characterise contemporary juridical systems and those issues of identity, hostility and self-representation central to contemporary political and legal debates

Described by Aristotle as the most vital of senses, touch contains both the physical and the metaphysical in its ability to express the determination of being. To manifest itself, touch makes a movement outwards, beyond the body, and relies on a specific physical involvement other senses do not require: to touch is already to be active and to activate. This fundamental ontology makes touch the most essential of all senses.This volume of ‘Law and the Senses’ attempts to illuminate and reconsider the complex and interflowing relations and contradictions between the tactful intrusion of the law and the untactful movement of touch. Compelling contributors from arts, literature and social science disciplines alongside artist presentations explore touch’s boundaries and formal and informal ‘laws’ of the senses. Each contribution unveils a multi-faceted new dimension to the force of touch, its ability to form, deform and reform what it touches. In unique ways, each of the several contributions to this volume recognises the trans-corporeality of touch to traverse the boundaries on the body and entangle other bodies and spaces, thus challenging the very notion of corporeal integrity and human being.

Described by Aristotle as the most vital of senses, touch contains both the physical and the metaphysical in its ability to express the determination of being. To manifest itself, touch makes a movement outwards, beyond the body, and relies on a specific physical involvement other senses do not require: to touch is already to be active and to activate. This fundamental ontology makes touch the most essential of all senses.This volume of ‘Law and the Senses’ attempts to illuminate and reconsider the complex and interflowing relations and contradictions between the tactful intrusion of the law and the untactful movement of touch. Compelling contributors from arts, literature and social science disciplines alongside artist presentations explore touch’s boundaries and formal and informal ‘laws’ of the senses. Each contribution unveils a multi-faceted new dimension to the force of touch, its ability to form, deform and reform what it touches. In unique ways, each of the several contributions to this volume recognises the trans-corporeality of touch to traverse the boundaries on the body and entangle other bodies and spaces, thus challenging the very notion of corporeal integrity and human being.

Hearing is an intricate but delicate modality of sensory perception, continuously enfolded in the surroundings in which it takes place. While passive in its disposition, it is integral to the movement and fluctuations of one’s environment. Always attuned to the present and immersed in the murmur of its background, hearing remains a situated perception but fundamentally overarching and extended into the open. It is an immanent modality of being in and with the world. It is also the ultimate juridical act, a sense-making activity that adjudicates and informs the spatio-temporal acoustics of law and justice. This collection gathers multidisciplinary contributions on the relationship between law and hearing, the human vocalisations and non-human echolocations, the spatial and temporal conditions in which hearing takes place, as well as the forms of order and control that listening entails. Contributors explore, challenge and expand the structural and sensorial qualities of law, and recognise how hearing directs us to perceiving and understanding the intrinsic acoustic sphere of simultaneous relations, which challenge and break the normative distinctions that law informs and maintains. In exploring the ambiguous, indefinable and unembodied nature of hearing, as well as its objects – sound and silence – this volume approaches it as both an ontological and epistemological device to think with and about law.

Although somewhat marginal in relation to the other senses, smell is the most potent way of anchoring ourselves to the world. We subconsciously find our place in it by sniffing our body, the body of the one next to us, the room in which we are, the culture with which we are familiar. There is an incessant olfactory flow consisting of bodies, human and nonhuman, that are agents of generation, consumption, diffusion, reproduction and dissolution of odours. As they move or pause, as they cluster with others or try to move away, these bodies constantly partake in this olfactory flow, this dense planetary swirl that leaves nothing outside.The law aims at presenting itself as rational and objective. Smell, on the other hand, is one of the least integrated senses in the legal edifice, in comparison to, say, seeing and hearing. This can be attributed mainly to the fact that sense-making of smell and law are different, even antithetical. Smell operates undercurrent, tickling the olfactory antennas of individual and collective bodies while habitually hiding behind other sensory volumes. Law, on the other hand, has an interest in appearing present, universal, constant. Olfactory sense-making relies on its elusiveness; legal sense-making invests in its obviousness. Yet, the two can interact in most unexpected ways, as this volume amply shows. If anything, smell airs the way in which law conceptualises and contextualises its own actuality. Smell brings law forth by allowing it to show its underbelly, its elusive sense-making that is invariably sacrificed in preference to the necessity of legal impressions of constancy. However, smell’s fragmentary, discontinuous and unstable nature, despite all the ordering that goes to it, poses a peculiar challenge to the law. This volume sets out to investigate this juncture.

This book introduces a radically spatialised approach to knowledge creation and innovation. The book’s main findings are that space is an essential intermediary in the connection between knowledge and innovation, and that a renewed notion of milieu provides the knowledge-space-innovation triad with both an analytical basis and operational power.