Critical Legal Conference 2009: Stream: REVOLUTIONS IN NATURAL LAW
Venue: University of Leicester, UK
Dates: 11–13 September 2009
Home Page: http://www.le.ac.uk/la/clc2009/
Stream Page: http://www.le.ac.uk/la/clc2009/streams.html#Revolutions
In the 1971 debate between Foucault and Chomsky (see video links
below), we can witness what are now familiar opposing positions: 1)
Chomsky's classical idea of (human) nature as a fundamental essence
that should be allowed to realize itself and 2) Foucault's radical
disavowal of (human) nature as a construction of systemic
institutional power which, when relied upon as a revolutionary ideal,
merely reproduces the systemic injustices it purports to overthrow.
Given the advances in philosophical and critical thought since then,
for example, Bruno Latour's critique of mononaturalism in modernity,
Pierre Hadot's emphasis on the historical movement from the "secret of
nature to the mystery of Being" and, not least, Costas Douzinas'
genealogy of natural law and right, is there the possibility to move
beyond the strict opposition exemplified by Foucault and Chomsky
towards a concept of natural law that makes sense for our time? Must
nature necessarily be conceived as a determinate (transcendental,
mythological or theological) essence in the classical manner? And can
nature be conceived outside an institutional or ideological framework
of understanding? More generally, how can the link between nature and
law/ethics/normativity be understood today? If nature is to be
rethought, how does this impact on the relation between positive
(legal) human rights and natural right? Is natural law a purely Greco-
Roman concept or does there exist some 'non-Western' notions of a
relation between nature and ethical or legal action broadly defined?
Are there any links that one can make between the 'universal' and
'nature' other than to charge them with being accomplices in
imperialism? What could a 'postmodern' concept of natural law look
like other than a hyper-positivisation of human rights? What of the
prospects for a revolution in natural law?
The convenor of this stream cordially invites novel papers in and
around this area. Please send your name, affiliation, title of your
paper and an abstract of no more than 250 words by Friday, 26 June
2009 directly to the stream convenor.
Gilbert Leung
gillyleung@gmail.com
Foucault and Chomsky Debate:
Part 1: http://www.youtube.com/watch?v=mj2VJ7oexKc
Part 2: http://www.youtube.com/watch?v=XdMEn2vXoCM&feature=related
