1st Edition

The Politics of Juridification

By Mariano Croce Copyright 2018
100 Pages
by Routledge

100 Pages
by Routledge

100 Pages
by Routledge

The Politics of Juridification offers a timely contribution to debates about how politics is being affected by the increasing relevance of judicial bodies to the daily administration of Western political communities. While most critical analyses portray juridification as a depoliticizing, de-democratizing transferral of political authority to the courts (whether national or international), this... Read more

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

Biography

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).