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Vol 24 No 5 May/June 2019

Book of the Month

Cover of Remedies for Torts, Breach of Contract, and Equitable Wrongs

Remedies for Torts, Breach of Contract, and Equitable Wrongs

Price: £125.00

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The Subject of Injustice: Political Action, Law and Empowerment

ISBN13: 9781138814134
To be Published: January 2021
Publisher: Birkbeck Law Press
Country of Publication: UK
Format: Hardback
Price: £105.00

Normative and communitarian traditions define justice either as abstraction or as concretization, and in terms of either universal reason or of particular identity. In both cases, the archetypal morphology of the rule of law reproduces essentially the same representational schema, in which the singular, and concrete, event of injustice is denied any theoretical value. In response, this book aims to think from this event; giving voice to those cast outside of the accepted categories, the excluded and outlawed, the insurgents and rebels. These subjects of injustice articulate subjectivity beyond empty abstraction and forced concretization, yet by being radically indeterminate, they prevent it from becoming hegemonic. As such, they express a principle of unfounded hope, which in turn underwrites the redemptive power at the heart of political justice. Here, then, the event of injustice is considered as a constitutive, and indeed revolutionary, moment which nevertheless demands to be transformed into a constitutional one. And it is in its theorization of law from such an event that this book offers an original account, not of the creation of victims, but of the ways in which the experience of injustice can empower the vulnerable.

Section I: The temporality of justice
1. Rupture, Event, and Redemption
2. Singular Event and Testimonial Narrative

Section II: The subject of injustice
3. Framing Subjectivity, Factical Experience, and Empowerment
4. Being Political as a Form of Life, and Insurgent Subjectivities

Section III: Law as political
5. The Broken Promise of Law, and the Right to Transgress
6. The Potency of Weakness The Extraordinary Politics of Resistance Section IV: The fidelity to injustice
7. Injustice: Beyond Normativity And Before Ethics
8. A Post-Identitarian Politics of Love