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Law and Nature: Cambridge Studies in Law and Society

Autor David Delaney
en Limba Engleză Hardback – 12 oct 2003
This interdisciplinary study explores the relationship between conceptions of nature and (largely American) legal thought and practice. It focuses on the politics and pragmatics of nature talk as expressed in both extra-legal disputes and their transformation and translation into forms of legal discourse (tort, property, contract, administrative law, criminal law and constitutional law). Delaney begins by considering the pragmatics of nature in connection with the very idea of law and the practice of American legal theorization. He then traces a set of specific political-legal disputes and arguments. The set consists of a series of contexts and cases organized around a conventional distinction between 'external' and 'internal nature': forces of nature, endangered species, animal experiments, bestiality, reproductive technologies, genetic screening, biological defenses in criminal cases, and involuntary medication of inmates. He demonstrates throughout that nearly any construal of 'nature' entails an interpretation of what it is to be (distinctively) human.
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Specificații

ISBN-13: 9780521831260
ISBN-10: 0521831261
Pagini: 452
Dimensiuni: 158 x 236 x 32 mm
Greutate: 0.83 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies in Law and Society

Locul publicării:Cambridge, United Kingdom

Cuprins

Acknowledgements; Part I. Situating Nature: 1. Introduction: the pragmatics of nature and the situation of law; 2. The nature of modern political discourse: doing things with nature; 3. The natures of scientific discourse; 4. The natures of legal discourse; 5. The natures of legal practice; Part II. Rendering Nature: 6. It's a slippery slope: law and the forces of nature; 7. Doctrinal wilderness and the path of interpretation: law and wilderness; 8. Wild justice and the endangerment of meaning: law and endangered species; 9. Puka's choice: law and animal experimentation; 10. Fear of falling: law and bestiality; 11. The births of nature and tradition: law and reproductive technologies; 12. Doctrinal mutations at the edge of meaning: law and genetic screening; 13. Return of the beast within: law and biological criminal defenses; 14. Controlling dreams: law and the involuntary medication of prisoners; Part III. Judging Nature: 15. Beyond 'nature': the material life of the legal; References; Index.

Recenzii

'This is an outstanding book, no doubt the product of a research project of great scope and sustained intellectual inquiry and creativity. With this book, David Delaney makes a significant contribution to the literature on the relationship between law and nature, indeed may even have carved out this area as his own. … eminently readable, he writes beautifully, with a clear purpose (rather than agenda), a light hand and confidence, without cliché, or even predictability.' Journal of Environmental Law
'This is a big book - it has big aims and a big subject matter. … the book's interdisciplinary orientation means that it will appeal strongly to those working in a myriad of disciplines beyond law …'. Journal of Environmental Law

Notă biografică


Descriere

This interdisciplinary study explores the relationship between conceptions of nature and legal thought and practice.