This book contributes to debates about how politics is affected by the increasing relevance of judicial bodies to the administration of Western political communities. While most analyses portray juridification as a de-democratizing transferral of political authority to the courts, this book centres on the workable ambivalence of such a phenomenon.
This book contributes to debates about how politics is affected by the increasing relevance of judicial bodies to the administration of Western political communities. While most analyses portray juridification as a de-democratizing transferral of political authority to the courts, this book centres on the workable ambivalence of such a phenomenon.
Mariano Croce is Assistant Professor of Political Philosophy at Sapienza Università di Roma, Italy. His research includes theory of the state, legal and political institutionalism, legal pluralism and LGBTQIA studies. Among his books are The Legal Theory of Carl Schmitt (Routledge, 2013, with A. Salvatore) and Undoing Ties: Political Philosophy at the Waning of the State (Bloomsbury Academic, 2015, with A. Salvatore).
Inhaltsangabe
Introduction 1. The legal circuit and the process of conversion 2. Traditional politics and the politics of juridification 3. Juridification: within and without institutions Chapter 1 Juridification within institutions: the law of sex and kinship 1.1. The legal boundaries of admissible sexuality 1.2. Remoulding kinship: subversion or assimilation? 1.3. Filtering social practices Chapter 2 Juridification without institutions: fragmenting the law 2.1. The post-secular turn 2.2. Fragmented jurisdictions and legal pluralities Conclusion 1. As law-users make law 2. Two modes of political juridification 3. The political potential of legal creativity
Introduction 1. The legal circuit and the process of conversion 2. Traditional politics and the politics of juridification 3. Juridification: within and without institutions Chapter 1 Juridification within institutions: the law of sex and kinship 1.1. The legal boundaries of admissible sexuality 1.2. Remoulding kinship: subversion or assimilation? 1.3. Filtering social practices Chapter 2 Juridification without institutions: fragmenting the law 2.1. The post-secular turn 2.2. Fragmented jurisdictions and legal pluralities Conclusion 1. As law-users make law 2. Two modes of political juridification 3. The political potential of legal creativity
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