_Foucault’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. (shrink)

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political economy that (...) has paid insufficient attention to legal ideas and, at the same time, a political economic corrective to legal scholarship which has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age. (shrink)

Critical counter-conducts -- Who is the subject of (Foucault's human) rights? -- The ambivalence of rights -- Rights between tactics and strategy.

This book develops the existing analyses of the founder of free market economics, and gives it a radical new extension by taking into account recent debates in literary theory.

Historiographic debates keep returning to issues of authorial intention in the interpretation of texts. This paper offers a response to these debates by differentiating between two versions of intentionalism, termed 'substantive intentionalism' and 'formal intentionalism', according to two different senses of 'identity' in the thesis that assigned meaning is identified with authorial intention, such that these two versions of intentionalism imply different ontological commitments to what are construed as the relevant authorial intentions. These distinctions and arguments are then related to (...) the 'historical intentionalism' of Quentin Skinner and Mark Bevir. The paper argues that in practice historical intentionalism ends up reproducing the arguments of formal intentionalism, and it concludes by raising questions about the value of intentionalism for historians. (shrink)

This study investigated the business ethics experiences of Australian managers in China, using qualitative methodology to identify themes. Thirty-one Australian managers who had spent on average 8.7 years working in business connected to China participated in in-depth interviews regarding their business ethics experiences in China. Commonly, managers identified issues relating to a broad spectrum which could be labelled "bribery and facilitation". Other repeated themes included requests for visa assistance, employee theft, nepotism and non-adherence to contractual obligations. This study has important (...) implications for helping Australian managers improve the way they approach potential ethical situations in China. Four key coping strategies can be identified from the data: managers spoke of not compromising their own morals, of attempting to understand the motivation of Chinese colleagues, of talking to others and of adhering to company policy. These strategies suggest practical steps may be taken by organisations when training managers for business activities in China. In particular, structuring of mentoring relationships between experienced and less experienced practitioners may be of assistance. Cultural training for managers and clear company policy on contentious issues such as bribery may also be of benefit. The themes identified in the study also have implications for academics researching expatriate business peoples' experiences in China. (shrink)

Adam Smith’s contribution to economics is well-recognised but in recent years scholars have been exploring anew the multidisciplinary nature of his works. The Adam Smith Review is a refereed annual review that provides a unique forum for interdisciplinary debate on all aspects of his Adam Smith’s works, his place in history, and the significance of his writings for the modern world. It is aimed at facilitating debate between scholars working across the humanities and social sciences, thus emulating the transdisciplinary reach (...) of the Enlightenment world which Smith helped to shape. The fourth volume of the series contains contributions form a multidisciplinary range of specialists, including, Henry C. Clark, Douglas J. Den Uyl, Ryan Patrick Hanley, Neven B. Leddy, David M. Levy and Sandra J. Peart, Robert Mankin, Leonidas Montes, James R. Otteson, Andrew S. Skinner, and Gloria Vivenza, who discuss: the sources and influences of Smith’s work in the classics, the Scottish Enlightenment and eighteenth-century France the Glasgow Edition of Smith’s Works and the Wealth of Nations. (shrink)

Le Socrate de Xénophon et la démocratie présente une interprétation nuancée du témoignage de Xénophon sur l’attitude de Socrate à l’endroit de la démocratie athénienne. Cette étude conteste les interprétations qui ont été trop restrictives dans le choix des témoignages et trop négatives dans leurs conclusions. Elle tient compte, d’une part, des différents paramètres qui permettent de définir la démocratie ; d’autre part, des réalités de la démocratie athénienne. Les principaux textes pertinents proviennent des Mémorables. Nous traitons de la nature (...) de cet ouvrage et de la façon dont il expose l’attitude de Socrate à l’endroit des lois et des institutions du régime démocratique, notamment l’assemblée et le tirage au sort. Cette étude présente enfin une interprétation plus nuancée de la propre attitude de Xénophon à l’endroit de la démocratie, attitude qui a elle-même influé sur la façon dont on a, par le passé, évalué l’attitude de son Socrate.Xenophon’s Socrates and Democracy offers a balanced interpretation of Xenophon’s evidence for Socrates’ attitude to the Athenian democracy, arguing against interpretations that have been too selective in their evidence and too negative in their conclusions. It takes due account of the various parameters that define democracy and the realities of Athenian democracy. The main evidence is from Memorabilia. There is discussion of nature of this work, and then of how it expresses Socrates’ attitude to the laws of the democracy and other processes such as sortition and the assembly. The paper also offers a more balanced interpretation of Xenophon’s own attitude to democracy, which has influenced past assessments of the attitude of his Socrates. (shrink)

This article surveys Xenophon’s evidence for Socrates’ views on democracy. It offers a more balanced and complete reading of the evidence in Xenophon’s Memorabilia, and takes account of new ways to assess the definition of what is democratic. It argues that Xenophon’s basic image of Socrates is democratic in the broadest sense through an investigation of topics such as Socrates’ attitudes towards democratic laws, and the use of dokimasia and the ballot, as well as his views on oligarchic and democratic (...) regimes of his time, the ‘royal art’ of rule, the assembly and its decisions, and the role of the wealthy in democracy. It also argues against the general view that Xenophon’s own views on democracy as expressed in his other works show no support for democracy. (shrink)

The past twenty-five years have seen an explosion of interest in nationalism and nationality in the social sciences - the past ten also in cultural studies. These two disciplinary areas define their objects of study differently, but both have recently started to converge in the pervasive use of the term `national identity', which in turn relies on the term `cultural identity'. Although theoretical complications entailed by the use of `identity' as a concept have been noted, the theorization of identity as (...) culture has occurred almost by default, with the term `culture' merely designating what needs to be explained, and the inherent circularity of `cultural identity' as a category remaining unaddressed. The two approaches differ in their understanding of the crucial categories of `culture' and `politics' in their accounts of nation and national identity. Cultural studies accounts focus on politics in terms of cultural politics, and thus fail to take on board important aspects of the social science accounts which they take as standard reference points. Both approaches ultimately rely upon `culture' as an all-inclusive category of social subjectivity, which remains undertheorized in both approaches, albeit in significantly contrasting ways. The place of culture in recent work on European identity functions differently, and provides a useful counterpoint to these difficulties. (shrink)

The “Adam Smith problem” has traditionally been concerned with the issue of authorial integrity: the issue of how a single author, Adam Smith, could have written two such apparently dissimilar, even contradictory, works as The Theory of Moral Sentiments and The Wealth of Nations. As the problem to be resolved was the single authorial origin of two such works, the perceived incompatibilities between them were explained in terms of Smith's intellectual biography – for example, Smith's travels to France, Smith's meetings (...) with the physiocrats, or the mental incapacities of an aging man. The current consensus is that the Adam Smith problem is a “pseudo problem” and that Smith's works represent a unified project, but the same reference to authorial origins now provides thr opposite claim that “the same man” wrote both books. Here the postulate of authorial integrity, “of stable integrated character, not subject to deep intellectual doubts or fissures” provides an assurance that such a man is unlikely to have written two entirely different books, an assurance underwritten by a coherent authorial intentionality that guarantees the consistency of the two works. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

Aotearoa New Zealand is a small, island nation located on the rim of Oceania. Since colonisation by British settlers in the mid-1800s, the internationalisation of higher education in Aotearoa New Zealand has reflected shifting notions of nationhood – from an extension of Great Britain, to a bicultural nation, to a player in the global knowledge economy. Since the late 1980s, internationalisation policy has reflected the primacy of market concerns; the internationalisation of HE has been imagined primarily as a means to (...) attract export revenue and human capital to Aotearoa New Zealand, and to increase brand recognition. However, internationalisation, as the movement of people and knowledge between places, can also be seen as pre-dating the development of nations, particularly in the Oceania context.Within mātauranga Māori, or Māori epistemological traditions, place is central to identity. To be human is to be part of something bigger than oneself; care for the land is care both for ancestors and the wellbeing of future generations. In this paper, we consider internationalised HE in light of three questions that are central to mātauranga Māori: “Who am I? What is this world that I exist in? What am I to do?”. After tracing the connections between internationalisation, colonisation, and nationhood in Aotearoa New Zealand,we consider how attention to Māori place-based epistemologies and values drawn from mātauranga Māori might challenge, stretch and ground contemporary internationalisation policies and practices in Aotearoa New Zealand. (shrink)

This article is based on interviews with a small number of cohabitants who are critical of conventional marriage. It examines some of the ways in which the distinction between heterosexual cohabitation and marriage is rendered in the New Zealand context. Culturally available distinctions, like that between cohabitation and marriage, are used in the production of resistant counterdiscourses. However, difference can be rewritten as deviance and in this form is central to the exercise of disciplinary power. Contextual shifts in the assertion (...) of a cohabitational self and a marital self contribute to the blurring of the distinction, further exposing the dilemmas of resistance based on difference. (shrink)

This book fills that gap, providing an in-depth analysis of Foucault's thought as it pertains to a range of different legal themes, such as: the opposition between 'law' and 'the juridical'; the problem of moral and legal judgment; the ...

This paper adds to our understandings of women’s post-separation experiences of coercive control through the introduction of a new concept—custody stalking. It is defined as a malevolent course of conduct involving fathers’ use of custody and/or child protection proceedings to overturn historic patterns of care for children. The experience of custody stalking is explored through three composite narratives derived from twelve mothers who participated in an exploratory, qualitative study on the involuntary loss of maternal care time following separation. The losses (...) suffered caused these mothers tremendous grief, damaged their psychological wellbeing and had a detrimental effect on their mothering relationships. Yet custody stalking, as a form of malevolent attack, is not well recognised and mothers’ resultant losses are largely culturally invisible. This is in marked contrast to paternal filicides, another form of post-separation avenging attack committed by some fathers that also leads to maternal loss experiences, albeit more absolute. (shrink)

As late twentieth-century discourses of modernity and postmodernity invoke their Enlightenment heritage in a search for the origins of their present achievements and predicaments, Adam Smith's works are still seen as a canonic representative of that heritage. Smith has long been evoked as the ‘father’ of economics and the original proponent of laissez-faire capitalism, but the political changes in recent decades have reconstituted his iconic status. With the full range of Smith's published and unpublished writings and lectures now widely available, (...) there has been a huge growth in the scholarly literature on Smith which has subjected this traditional view to searching questions. The overwhelming conclusion to emerge is that Smith's works display a subtlety and complexity that is at odds with the received image of Smith as the spokesman of modernity, but the diversity of interpretation raises some difficult methodological issues. (shrink)

Xenophon of Athens was a pupil of Socrates and a philosopher in his own right. He wrote two of the texts included in this volume, the Hiero and the Constitution of the Spartans. The third, the Constitution of the Athenians, is found under Xenophon's name alongside the other two in the manuscripts. The works represent three distinct types of government, but there are common features throughout. This volume presents an introduction discussing Xenophon's views on government in the context of his (...) general political thought, drawing particularly on his Socratic work Memorabilia, and a commentary on the Greek text of each work aimed primarily at advanced undergraduates and graduate students. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Herodotus' Literary and Historical Method:Arion's Story (1.23-24)Vivienne GrayHerodotus' story of how the talented and original musical performer and conductor Arion of Methymna was rescued from the sea and carried to dry land by a dolphin is of great interest because of the literary and historical methods he uses.1 The story arises out of the siege of Miletus and is connected with it through Periander (1.20, 1.24.1, 7), but (...) different readings have been presented in order to make a better connection with the immediate or wider context.2 Questions have also been raised about the authenticity of Herodotus' inquiry and his own belief in the miracle.3 His normal inquiry (historia) involves akoe (what he heard), opsis (what he saw), and gnome (his judgment).4 He tells Arion's story mainly on the authority of the traditions of the Corinthians and Lesbians, whose agreement on it frames the story.5 He supplements this akoe with [End Page 11] apparent opsis, in the form of a "material proof": the dedication "of Arion" on a statue of a man on a dolphin, at Taenarum, to which his sources said the dolphin carried him. The genitive case of the dedication suggests that Arion dedicated it and inscribed it with his name.6 And Herodotus' description of the statue as "bronze, not big" suggests that he saw it. But he does not add his own gnome of belief, or disbelief, in the miracle.I would like to offer a new reading of Arion's story that combines insights into Herodotus' presentation of it and its context with some comments on Herodotus' own beliefs and his use of the oral traditions available to him.The StoryThe story goes that Arion had been spending most of his time at the court of Periander. Periander plays an important role in the story: his experience of Arion's miracle is the focus from beginning to end. The traditions that Herodotus cites present the story as a "very great wonder" () that "occurred to Periander in his lifetime" (1.23.1). They give an account of how it happened, and say that Arion gave an account to Periander, presumably in the same form (1.24.6). Periander experiences "disbelief" as a result of the "wonder" but conducts an "inquiry" that shows it to be true.7Arion decides to go west to acquire his fortune. He hires a Corinthian ship to take him back to Corinth, but the crew plots to rob him and make him kill himself, giving him a choice that seems to be no choice (): to kill himself on board and be buried, or to jump overboard (and not be buried). Arion promises to kill himself, but first secures the crew's permission to give a last performance, which he does in full dress, of "the shrill/rising tune" ().8 He then makes what appears to be the worse choice and jumps overboard, whereupon a dolphin rescues him and carries him safely to Taenarum. [End Page 12]Herodotus does not explain Arion's choice or directly connect his performance with his rescue, but Arion's religious dedication () at Taenarum implies that Arion, at least, believed that the dolphin came as a divine agent (1.24.8). Poseidon had a very famous shrine at Taenarum and was thought to save men from disaster at sea by sending his dolphin to assist them.9 Similar patterns of action in other stories strengthen the hypothesis that Arion has appealed to some divine force to rescue him.10 Croesus, for example, secures his divine salvation by shouting out to the god Apollo, appealing to him to stand by and deliver him from death if ever he has given him any gift that pleased him (1.87.1). Arion sings () instead of shouting, but a song from the world's best kitharode (1.23) is bound very much to please the god to whom it is addressed.11 The Magi sacrifice and sing () to the god of the wind and sacrifice to Thetis and the Nereids of the sea in order to quell a storm that is threatening them and prevent further... (shrink)

The work is proven to have a unified and sustained rhetorical argument. It imitates the philosophical process that it attributes to Socrates.

The Philosophy of Adam Smith contains essays by some of the most prominent philosophers and scholars working on Adam Smith today. It is a special issue of The Adam Smith Review, commemorating the 250th anniversary of Smith's Theory of Moral Sentiments. Introduction Part 1: Moral phenomenology 1. The virtue of TMS 1759 D.D. Raphael 2. The Theory of Moral Sentiments and the inner life Emma Rothschild 3. The standpoint of morality in Adam Smith and Hegel Angelica Nuzzo Part 2: Sympathy (...) and moral judgment 4. Smith and Rousseau in dialogue: sympathy, pitié, spectatorship and narrative Charles L. Griswold 5. Adam Smith’s concept of sympathy and its contemporary interpretations Bence Nanay 6. Smith’s ambivalence about honour Stephen Darwall 7. Sentiments and spectators: Adam Smith’s theory of moral judgment Geoffrey Sayre-McCord 8. Smith’s anti-cosmopolitanism Fonna Forman-Barzilai 9. Resentment and moral judgment in Smith and Butler Alice MacLachlan Part 3: Economics, religion, aesthetics and value theory 10. Adam Smith’s problems: individuality and the paradox of sympathy Robert Urquhart 11. Scepticism and naturalism in Adam Smith Ryan Patrick Hanley 12. Adam Smith’s solution to the paradox of tragedy Arby Ted Siraki 13. Smithian intrinsic value Patrick Frierson Memoir on Adam Smith’s life 14. Adam Smith’s smile: his years at Balliol College, 1740–6, in retrospect Ian Simpson Ross. (shrink)