Against an ever-expanding and diversifying 'rights talk', this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply 'bound beings', to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
Formatted Contents Note
part PART I The priority of obligations chapter 1 Dogma, or the deep rootedness of obligation / EMILIOS CHRISTODOULIDIS chapter 2 Why should I listen to my conscience? Equity and the question of ontological obligation / MATT STONE chapter 3 The origin of obligations: towards a fundamental phenomenology of legal and moral obligation / JOHAN VAN DER WALT part PART II Instituting obligations chapter 4 On the company's bounded sense of social obligation / LILIAN MONCRIEFF chapter 5 Duty free / SCOTT VEITCH chapter 6 History, alterity and obligation: toward a genealogy of the co-operative / TARA MULQUEEN chapter 7 Sovereignty, affect and being-bound / STACY DOUGLAS part PART III The forces of obligations chapter 8 Hybrid legalities: on obligation and law's immanent materiology / KYLE MCGEE chapter 9 The biographical core of law: privacy, personhood, and the bounds of obligation / MARCELO THOMPSON part PART IV Civility, office and the bonds of community chapter 10 Civility, obligation and criminal law / LINDSAY FARMER chapter 11 Obligations of office / SHAUN MCVEIGH chapter 12 Academic freedom academic obligation / CARROL CLARKSON.