Posthuman Legal Subjectivity

This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace -- in other words --the 'posthuman' condition -- a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative. Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which states act as its main subjects, the traditional sources of international law – international legal statutes, customary international law, historical precedents and general principles of law – create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics – including environmental law, the law of the sea, colonialism, human rights, conflict and the impact of science and technology – it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book’s posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists and others with interests in posthuman thought, technology, colonialism and ecology. Chapters 1, 9 and 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Contributions by Torsten Caeners, Phoebe Chen, Mathieu Donner, Shannon Hervey, Angela S. Insenga, Patricia Kennon, Maryna Matlock, Ferne Merrylees, Lars Schmeink, Anita Tarr, Tony M. Vinci, and Donna R. White For centuries, humanism has provided a paradigm for what it means to be human: a rational, unique, unified, universal, autonomous being. Recently, however, a new philosophical approach, posthumanism, has questioned these assumptions, asserting that being human is not a fixed state but one always dynamic and evolving. Restrictive boundaries are no longer in play, and we do not define who we are by delineating what we are not (animal, machine, monster). There is no one aspect that makes a being human—self-awareness, emotion, artistic expression, or problem-solving—since human characteristics reside in other species along with shared DNA. Instead, posthumanism looks at the ways our bodies, intelligence, and behavior connect and interact with the environment, technology, and other species. In Posthumanism in Young Adult Fiction: Finding Humanity in a Posthuman World, editors Anita Tarr and Donna R. White collect twelve essays that explore this new discipline's relevance in young adult literature. Adolescents often tangle with many issues raised by posthumanist theory, such as body issues. The in-betweenness of adolescence makes stories for young adults ripe for posthumanist study. Contributors to the volume explore ideas of posthumanism, including democratization of power, body enhancements, hybridity, multiplicity/plurality, and the environment, by analyzing recent works for young adults, including award-winners like Paolo Bacigalupi's Ship Breaker and Nancy Farmer's The House of the Scorpion, as well as the works of Octavia Butler and China Miéville.

This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed out that critical theories focus mainly on the impossibility of reaching "objectivity," I show that some of the same critiques can be turned on the construction of "subjectivity" as well. The parallelism is more than mere symmetry. Just as the concept of objectivity can be used to armour decisions or social practices, so theoretical results and ideological slant can be dictated by loading up the abstract "subject" of a political or economic theory with a particular set of drives, motivations, and ways of reasoning...I then turn to the legal "subject" around whom the law revolves and try to develop a sketchy history of the changing qualities which that subject has been believed to possess. I conclude that the ideas associated with postmodernism are a useful framework for understanding the subject in legal theory and in legal practice. In fact, bizarre as it may seem, the law already incorporates a more postmodern view of the subject than either economics or mainstream political theory.

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

The Posthuman offers both an introduction and major contribution to contemporary debates on the posthuman. Digital 'second life', genetically modified food, advanced prosthetics, robotics and reproductive technologies are familiar facets of our globally linked and technologically mediated societies. This has blurred the traditional distinction between the human and its others, exposing the non-naturalistic structure of the human. The Posthuman starts by exploring the extent to which a post-humanist move displaces the traditional humanistic unity of the subject. Rather than perceiving this situation as a loss of cognitive and moral self-mastery, Braidotti argues that the posthuman helps us make sense of our flexible and multiple identities. Braidotti then analyzes the escalating effects of post-anthropocentric thought, which encompass not only other species, but also the sustainability of our planet as a whole. Because contemporary market economies profit from the control and commodification of all that lives, they result in hybridization, erasing categorical distinctions between the human and other species, seeds, plants, animals and bacteria. These dislocations induced by globalized cultures and economies enable a critique of anthropocentrism, but how reliable are they as indicators of a sustainable future? The Posthuman concludes by considering the implications of these shifts for the institutional practice of the humanities. Braidotti outlines new forms of cosmopolitan neo-humanism that emerge from the spectrum of post-colonial and race studies, as well as gender analysis and environmentalism. The challenge of the posthuman condition consists in seizing the opportunities for new social bonding and community building, while pursuing sustainability and empowerment.

How might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law? This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other.

The notion of 'the human' is in need of urgent redefinition. At a time of radical bio-technological developments, and in light of the political and environmental imperatives of our age, the term 'posthuman' provides an alternative. The philosophical landscape which has developed as a response to the crisis of the human, includes several movements, such as: Posthumanism, Transhumanism, Antihumanism and Object Oriented Ontology. This book explains the similarities and differences between these currents and offers a detailed examination of a number of topics that fall under the “posthuman” umbrella, including the anthropocene, artificial intelligence and the deconstruction of the human. Francesca Ferrando affords particular focus to Philosophical Posthumanism, defined as a philosophy of mediation which addresses the meaning of humanity not in separation, but in relation to technology and ecology. The posthuman shift thus emerges in the global call for social change, responsible science and multispecies coexistence.

In this age of DNA computers and artificial intelligence, information is becoming disembodied even as the "bodies" that once carried it vanish into virtuality. While some marvel at these changes, envisioning consciousness downloaded into a computer or humans "beamed" Star Trek-style, others view them with horror, seeing monsters brooding in the machines. In How We Became Posthuman, N. Katherine Hayles separates hype from fact, investigating the fate of embodiment in an information age. Hayles relates three interwoven stories: how information lost its body, that is, how it came to be conceptualized as an entity separate from the material forms that carry it; the cultural and technological construction of the cyborg; and the dismantling of the liberal humanist "subject" in cybernetic discourse, along with the emergence of the "posthuman." Ranging widely across the history of technology, cultural studies, and literary criticism, Hayles shows what had to be erased, forgotten, and elided to conceive of information as a disembodied entity. Thus she moves from the post-World War II Macy Conferences on cybernetics to the 1952 novel Limbo by cybernetics aficionado Bernard Wolfe; from the concept of self-making to Philip K. Dick's literary explorations of hallucination and reality; and from artificial life to postmodern novels exploring the implications of seeing humans as cybernetic systems. Although becoming posthuman can be nightmarish, Hayles shows how it can also be liberating. From the birth of cybernetics to artificial life, How We Became Posthuman provides an indispensable account of how we arrived in our virtual age, and of where we might go from here.