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Law and nature
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ISBN: 0521831261 0521538513 110713904X 0511179251 0511063008 0511326092 051149369X 1280421762 0511203179 0511071469 9780521831260 9780511063008 9780511179259 9780511203176 9780511071461 9780511493690 9780521538510 9781280421761 9780511326097 Year: 2003 Publisher: Cambridge : Cambridge University Press,

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Abstract

This interdisciplinary study explores the relationship between conceptions of nature and (largely American) legal thought and practice. It focuses on the politics and pragmatics of nature talk as expressed in both extra-legal disputes and their transformation and translation into forms of legal discourse (tort, property, contract, administrative law, criminal law and constitutional law). Delaney begins by considering the pragmatics of nature in connection with the very idea of law and the practice of American legal theorization. He then traces a set of specific political-legal disputes and arguments. The set consists of a series of contexts and cases organized around a conventional distinction between 'external' and 'internal nature': forces of nature, endangered species, animal experiments, bestiality, reproductive technologies, genetic screening, biological defenses in criminal cases, and involuntary medication of inmates. He demonstrates throughout that nearly any construal of 'nature' entails an interpretation of what it is to be (distinctively) human.

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