A Theory of Legal Monsters: Repression, Resistance, Rebellion

The monograph provides coverage of an extensive history of Western thought by distinguishing two kinds of 'legal monsters': those as objects of legal regulations, as well as those as a source of criticism. The claim in this volume is twofold. On the one hand, drawing on the Roman law's notion of 'monstrum vel prodigium', the assumption is that the formula should be considered as legally defunct nowadays. On the other, it represents a powerful metaphor of legal criticism insofar as it is supported by a strong philosophical framework and robust arguments from positive law. The book's analysis both provides this framework and makes it operational. The idea of 'legal monsters' remains a powerful tool of criticism that, as handed down by a thousand-year-old tradition, demands attention even today. This is becoming all the more apparent in that there is no shortage of such legal cases. This volume appeals to students and researchers working in philosophy, law, and political science.

Contains an all-encompassing critical view of the Western philosophical-legal tradition Unique topical coverage only to be found in Foucault and his followers Provides a new philosophical appraisal of concepts and principles of politics and the law

Autorentext

A former lawyer and current professor of Jurisprudence at the University of Turin (Italy), Ugo Pagallo is the author of fifteen monographs, as well as one hundred essays in scholarly journals and book chapters. He has been a member of many international research projects, collaborating with such institutions as the European Commission, the World Health Organization, the IEEE, and the Japanese government. His main interests are Artificial Intelligence (AI) & law, network theory, governance, human-robot interaction, and information technology law.

Inhalt

Introduction.- Genealogy.- Sources of Repression.- A Legal Death.- Masters of Suspicion.- Natural Resistance.- The Monster of Malmesbury.- Positive Thinking.- Decent Institutions, Monster Laws.- Paths to Rebellion.- A Look into the Future.- Conclusions.