Peter Fitzpatrick

In Dangerous Supplements expert legal scholars employing a variety of theoretical perspectives—feminism, poststructuralism, semiotics, and Marxism—challenge predominating views in jurisprudence. Prevailing notions of the nature of the law, they argue, have failed to recognize the law’s dependence on social constructs and the indeterminance of language. The contributors further claim that proponents of traditional notions have borrowed knowledge from other fields, only to reject that knowledge as ultimately subversive and dangerous in its ramifications. Taking as a point of departure H. L. A. Hart’s The Concept of the Law, Peter Fitzgerald shows how Hart adopted Wittgenstein’s linguistic theory to overthrow J. L. Austin’s “simple” conception of rules and habits in law, only to jettison this theory in order to locate the essence of law in its evolution from a “primal scene.” Other chapters examine the way in which the setting of English law above social relations has masked an imperial mission; how the philosophies of Hayek and Marx, as well as the discourses of liberalism, feminism, semiotics, and poststructuralism, have been assiduously marginalized and rendered inessential to jurisprudence.

Resistance and Renewal in Jurisprudence

Dangerous Supplements

This book argues that law is both derived from and constitutive of surrounding cultural contexts.

Modernism and the Grounds of Law

Few thinkers can have had a more diverse or a more contested impact on theorizing law than Michel Foucault. This diversity is reflected in the wide range of Foucault's work and of the intellectual fields it has so conspicuously influenced. Such diversity informs the present collection and is signalled in the headings of its four sections: Epistemologies: archaeology, discourse, Orientalism Political philosophy: discipline, governmentality and the genealogy of law Embodiment, difference, sexuality and the law The subject of rights and ethics. Whilst the published work selected for this collection amply accommodates this diversity, it also draws together strands in Foucault's work that coalesce in seemingly conflicting theories of law. Yet the editors are also committed to showing how that very conflict goes to constitute for Foucault an integral and radical theory of law. This theory ranges not just beyond the restrained and diminished conceptions of law usually derived from Foucault, but also beyond the characteristic concern in Jurisprudence and Legal Philosophy to constitute law in its difference and separation from other socio-political forms.

Foucault and Law

Ben Golder

Foucault’s Law is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. Foucault’s Law is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally.

Foucault's Law

The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.

The Mythology of Modern Law

They shared a name, of course, and their physical resemblance was startling. And both Frank Thrings were huge figures in the landscape of twentieth-century Australian theatre and film. But in many ways they could hardly have been more different. Frank Thring the father (1882–1936) began his career as a sideshow conjuror, and he wheeled, dealed and occasionally married his way into becoming the legendary ‘F.T.’ — impresario, speculator and owner of Efftee Films, Australia’s first ‘talkies’ studio. He built for himself an image of grand patriarchal respectability, a sizeable fortune, and all the makings of a dynasty. Frank Thring the son (1926–1994) squandered the fortune and derailed the dynasty in the course of creating his own persona — a unique presence that could make most stages and foyers seem small. He won fame playing tyrants in togas in Hollywood blockbusters, then, suddenly, came home to Melbourne to play perhaps his finest role — that of Frank Thring, actor and personality extraordinaire. Central to this role was that Frank the son was unapologetically and outrageously gay. Peter Fitzpatrick’s compelling dual biography tells the story of two remarkable characters. It’s a kind of detective story, following the tracks of two men who did all they could to cover their tracks, and to conceal ‘the self’: Frank the father used secrecy and sleight-of-hand as strategies for self-protection; Frank the son masked a thoroughly reclusive personality with flamboyant self-parody. It’s also the tale of a lost relationship — and of the power a father may have had, even over a son who hardly knew him.

Peter Fitzpatrick

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