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Book Title: Research Methods in Environmental Law
Editor(s): Philippopoulos-Mihalopoulos, Andreas; Brooks, Victoria
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781784712563
Section: Chapter 1
Section Title: Foregrounding vulnerability: materiality’s porous affectability as a methodological platform
Author(s): Grear, Anna
Number of pages: 26
Abstract/Description:
Law’s paradigmatic subject has been criticized, especially by feminist theorists, as being relatively invulnerable, complexly disembodied, rationalistic and separative. This is a subject at a constructed ‘centre’ for whom living materiality – even the human body itself – is merely an extended, object-ified periphery – and for whom epistemological mastery and a scopophilic view ‘from nowhere’ reflects a relentlessly assumed ontological priority. Against the impugned Cartesian and Kantian assumptions underlying traditional liberal legal subjectivity, and its subject-object relations, this chapter explores the theoretical gains offered by foregrounding, in place of the ‘autonomous liberal subject’, the notion of vulnerable, embodied eco-subjectivities explicitly interwoven within a vulnerable ecology. What implications could or should such a theoretical approach have for environmental law and processes? What might replace the binary subject-object relations assumed by the autonomous liberal subject, and what kind of juridical imaginary might be instituted by foregrounding the openness and affectability of vulnerability?
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URL: http://www.austlii.edu.au/au/journals/ELECD/2017/1442.html