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Vol 21 No 11 Nov/Dec 2016

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Critical Beings

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ISBN13: 9780754622888
ISBN: 0754622886
Published: August 2005
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



The role of such people as the refugee, the immigrant and the subjugated minority is explored in this book, together with their attendant legal regimes, in the persistent but ever unsettled processes of national/global formation. Challenging accounts that would ascribe to them a transitory or incidental place in the establishment of the modern juridical order, the collection argues that these excluded or marginalized people are coming to form a new entity - the global legal subject - comparable in ways to other non-state actors operating in the international legal system. The collection shows how the global legal subject is integral to and constituent of the processes of state and global formation yet also disruptive of them. It maintains that these global subjects stand as possible precursors to new political ways of being. This book makes a contribution to debates on law and globalization, and could be of interest to those concerned with law and the movement of people, law and the formation of identities and law and human rights.

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Contents:
Introversion: the fiction of the state of nature in real time - the social contract, international human rights and the refugee, Jill Stauffer; national identity and refugee law, Sarah Kyambi; refugees, nations, laws and the territorialization of violence, Patricia Tuitt; on being, nation and citizenship in Sri Lanka - going beyond the ontological hermeneutics of the Buddhist cosmos, Roshan De Silva; extraversion - making people illegal, Catherine Dauvergne; constitutional (u)topology - the (dis)appearance of Ireland, Patrick Hanafin; terminal legality? human rights and critical being, Peter Fitzpatrick; the paradox of human rights, Paul Passavant; formation - global formations - IMF conditionality and the South as legal subject, Sundhya Pahjua; ejecting an inside - an essay on the politics of the contemporary American immigration state, Kunal Parker; mapping territories of legality - an exploratory cartography of an emerging female global subject, Denise Ferreira da Silva.