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6The Revolutionary Past: Decolonizing Law and Human RightsMetodo. International Studies in Phenomenology and Philosophy 2 (1): 117-133. 2014.
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14Bare Sovereignty: Homo Sacer and the Insistence of LawIn Andrew Norris (ed.), Politics, metaphysics, and death: essays on Giorgio Agamben's Homo sacer, Duke University Press. pp. 49-73. 2005.
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4‘No Higher Duty’: Mabo and the Failure of Legal FoundationLaw and Critique 13 (3): 233-252. 2002.The first half of the paper shows how the imperial quality of the common law putatively accommodates the demand for legal foundation. The second half takes the Mabo decision as a test of this supposed ability and finds it foundationally wanting. The continuing insistence of the indigenous presence provides the key.
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7Passions out of place: Law, incommensurability and resistanceLaw and Critique 6 (1): 95-112. 1995.This has been an account of how an incommensurability between peoples is integral to the creation of identity in modernity and of how law assumes its modern, ambivalent being through embodying and mediating that incommensurability. A concluding point can be made by relating all this to the large and revelatory concern nowadays with the construction of Occidental identity in exclusion. This construction involves that which is acceptable or within the identity being created in its difference to th…Read more
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17"What Are the Gods to Us Now?": Secular Theology and the Modernity of LawTheoretical Inquiries in Law 8 (1): 161-190. 2007.Integrating responses of Nietzsche to the death of God with classic instances of modernist political theory, a constituent parallel is drawn between monotheistic religion and modern law — a parallel in that each matches the other, but a parallel also in that neither ever meets the other. This relation yet differentiation reveals an ontologically challenging modern law that conforms to, yet completely counters, its positivist and instrumental subordinations in modernity.
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22Foucault's LawRoutledge-Cavendish. 2009._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 c…Read more
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1Dangerous Supplements: Resistance and Renewal in JurisprudencePluto Press (UK). 1991.Confronts jurisprudence with subversive knowledge from which it has been shielded so as to sustain its authority and identity. The outcome, as Smart argues in her chapter on feminism, has to be either a radical transformation of juridprudence or, failing that, its abandonment.
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2Europe's Other: European Law Between Modernity and PostmodernityDartmouth Publishing Company. 1998.A critical exploration of how European Law, mainly the law of the European Union, is constituted through alterity, especially through the suppression of supposedly different 'others'. The book offers a new understanding of European Law in the perspective of debates over modernity and postmodernity, and will interest all those involved with studies of the European Union and its law, from critical legal and also socio-legal perspectives.
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13Foucault's other lawIn Ben Golder (ed.), Re-reading foucault: on law, power and rights, Routledge. pp. 39. 2012.
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8I 0 Law in the Domains of DeathIn Sinkwan Cheng (ed.), Law, Justice, and Power: Between Reason and Will, Stanford University Press. pp. 207. 2004.
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Imperial EndsIn Amy Swiffen & Joshua Nichols (eds.), The ends of history: questioning the stakes of historical reason, Routledge. 2013.
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20Consolations of the Law: Jurisprudence and the Constitution of Deliberative PoliticsRatio Juris 14 (3): 281-297. 2001.Initially, deliberative politics offers a failure of self‐identity in that the literature dealing with it divides between its determinate elevation in terms of reason, and such, and its dissipation in response to the diversity of interests pressing on it. Next, drawing on the resources of poststructural jurisprudence and by way of locating law at a defining limit of deliberative politics, a similar divide is found in law itself. Then, more productively, law is shown to be constituted with‐in tha…Read more
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94Bare sovereignty: Homo sacer and the insistence of lawIn Andrew Norris (ed.), Politics, metaphysics, and death: essays on Giorgio Agamben's Homo sacer, Duke University Press. 2005.
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47Critical legal studies (edited book)Blackwell. 1987.Critical legal studies is one of the most challenging developments in the contemporary study of law. Drawing heavily on the radical political culture of the period since the 1960s, critical legal studies assents the necessity of a politics of law - a politics which sees law, not as something apart, but as engaged in the multitude of arguments, battles and struggles which produce the human condition. Such a committment decisively rejects the dominant tradition of Anglo-American legal scholarship,…Read more
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27Modernism and the Grounds of LawCambridge University Press. 2001.Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, F…Read more