Liquid Society and Its Law (Applied Legal Philosophy) PDF
Preview Liquid Society and Its Law (Applied Legal Philosophy)
LIQUID SOCIETY AND ITS LAW This page intentionally left blank Liquid Society and Its Law Edited by JIŘÍ PŘIBÁŇ Cardiff Law School, Cardiff University, UK © Jiří Přibáň 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Jiří Přibáň has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Gower House Suite 420 Croft Road 101 Cherry Street Aldershot Burlington, VT 05401-4405 Hampshire GU11 3HR USA England Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Liquid society and its law. - (Applied legal philosophy) 1. Bauman, Zygmunt, 1925- 2. Sociological jurisprudence 3. Sociology - Philosophy 4. Civilization, Modern - 21st century I. Přibáň, Jiří, 1967- 340.1'15 Library of Congress Cataloging-in-Publication Data Přibáň, Jiří, 1967- Liquid society and its law / by JiříPřibáň. p. cm. -- (Applied legal philosophy) Includes index. ISBN 978-0-7546-7072-8 1. Bauman, Zygmunt, 1925- 2. Sociological jurisprudence. 3. Law--Philosophy. 4. Sociology. 5. Postmodernism--Social aspects. I. Title. K370.P75 2007 340'.115--dc22 2007007395 ISBN 978-0-7546-7072-8 Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall. Contents Series Editor’s Preface vii List of Contributors ix Acknowledgements xi Introduction: Theorizing Liquid Modernity and Its Legal Context Jiří Přibáň 1 PART I LIQUIDITY, UNCERTAINTY AND FEAR 1 Uncertainty and Other Liquid-Modern Fears Zygmunt Bauman 17 PART II THEORIZING LIQUID MODERNITY 2 How aufarbeiten ‘Liquid Society’? Zygmunt Bauman’s Wager Anton Schütz 41 3 World and Waste, or the Law of Liquidity Pablo S. Ghetti 61 4 Fear in the Lawscape Andreas Philippopoulos-Mihalopoulos 79 PART III LIQUIDITY AND SOLIDITY IN POLITICS AND ETHICS 5 The Politics of Liquid Modernity:Polanyi and Bauman on Commodification and Fluidity Emilios Christodoulidis 101 6 Facing Past Human Rights Abuse:A Way from a Liquid to a Solid Society Grażyna Skąpska 115 vi Liquid Society and Its Law PART IV EUROPEAN ADVENTURES AND IDENTITIES 7 European Legality and its Critique: On Bauman’s Concept of an Adventurous Europe Jiří Přibáň 131 8 Constitutional Identities in a Liquid Society Vito Breda 153 PART V LIQUIDITY OF SOCIAL INCLUSION POLICIES, MIGRATIONS AND INTEGRATIONS 9 The Liquidity and Solidity of Contemporary Social Reality: The Example of Social Inclusion Policies Pierre Guibentif 173 10 Liquid Modernity and the Integration of Young Immigrants in Italy David Nelken 197 Index 223 Series Editor’s Preface The objective of the Applied Legal Philosophy series is to publish work which adopts a theoretical approach to the study of particular areas or aspects of law or deals with general theories of law in a way which focused on issues of practical moral and political concern in specific legal contexts. In recent years there has been an encouraging tendency for legal philosophers to utilize detailed knowledge of the substance and practicalities of law and a noteworthy development in the theoretical sophistication of much legal research. The series seeks to encourage these trends and to make available studies in law which are both genuinely philosophical in approach and at the same time based on appropriate legal knowledge and directed towards issues in the criticism and reform of actual laws and legal systems. The series will include studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions. Tom D. Campbell Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia This page intentionally left blank List of Contributors Zygmunt Bauman is Professor Emeritus at the University of Leeds and Warsaw University. He is author of numerous books in the sociology of modernity and postmodernity, such as Modernity and the Holocaust (1989), Postmodern Ethics (1993), Liquid Modernity (2000) and Society under Siege (2002). Vito Breda is Lecturer in Law at Cardiff University. His areas of research include constitutional theory, European law theory and jurisprudence. He has contributed to journals such as European Law Journal and Res Publica. Emilios Christodoulidis is Professor of Legal Theory at the Law School of the University of Glasgow. His research interests lie in the philosophy and sociology of law and in political and constitutional theory. Pablo S. Ghetti is Lecturer in Law, University of Exeter, UK. He has contributed to journals such as Law & Critique, Law, Culture and the Humanities, and Journal of Law and Society. His major work is Direito e Democracia sob os Espectros de Schmitt – Uma Contribuição à Crítica da Filosofia do Direito de Jürgen Habermas [Law and Democracy under the Spectres of Schmitt – A Contribution to the Critique of the Philosophy of Law of Jürgen Habermas] (2006). Pierre Guibentif is Associated Professor at ISCTE (Instituto Superior de Ciências do Trabalho e da Empresa) and at the Universidade Nova, both in Lisbon; main research interests and domains of publication: sociology of law, social policies in the EU, social theory and the law. David Nelken is Distinguished Professor of Legal Institutions and Social Change at the University of Macerata, Italy, Distinguished Research Professor of Law at Cardiff University and Visiting Professor of Law at the London School of Economics. Publications include Adapting Legal Cultures (ed. with J. Feest, 2001) and (ed. with V. Gessner) European Ways of Law (ed. with V. Gessner, 2007). Andreas Philippopoulos-Mihalopoulos is a Reader in Law, University of Westminster. His research includes critical theory, autopoiesis, environmental law, European law, law and literature, gender, and art. He edited Law and the City and is author of Absent Environments (both published by Routledge in 2007). Jiří Přibáň is Professor of Law at Cardiff University and Visiting Professor of Legal Philosophy and Sociology at Charles University, Prague. He is author of Dissidents
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