“Law In Society”.
Discuss in relation to two examples from the course and reference to Foucault: (choose a topic)
1. Why might ‘law reform’ be a limit on matters of recognition?
2. If multiculturalism is not difference, according to Seth, what is difference before the law?
3. What is moral consciousness in terms of Max’s experience and how does it relate to the truth/right/power triangle?
4. Why might remorse be important for legal change? Discuss with reference to constitutional change and/or treaty for indigenous people.
5. What is the sovereign exception? Discuss in the context of Female Genital Cutting laws and/or torture?
6. Are the ‘wild things’ a version of difference? Why?
7. What is the relationship between shame and law?
The following references are required;
Foucault, Michel, “The Perverse Implantation” in The history of sexuality, vol.1 : An introduction (Pantheon Books1978) 36
Foucault, Michel, “Two Lectures” in Power/knowledge: selected interviews and other writings, 1972-1977 (Harvester Press1980) 78
Seth, Sanjay, “Liberalism And The Politics of (Multi)Culture: Or, Plurality Is Not Difference.” (2001) 4(1) Postcolonial Studies 65
Milgram, Stanley, “The Perils of Obedience” (1973) 247(1483) Harper’s New Monthly Magazine 62
Butler, Judith, “Is Kinship Always Already Heterosexual?” (2002) 13(1) differences: A Journal of Feminist Cultural Studies 14
Muldoon, Paul, “The Sovereign Exceptions: Colonization And The Foundation of Society” (2008) 17(1) Social & Legal Studies 59