Publications by Ben Golder | Law

Publications by Ben Golder

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You can access some of my papers at: https://unsw.academia.edu/BenGolder and http://ssrn.com/author=1207959

Books:

Foucault and the Politics of Rights (Stanford: Stanford University Press, 2015)

Reviewed in: (2016) 19:2 Theory & Event; (2016) 19:2 Radical Philosophy Review 501-12; (2016) 50:3 Law & Society Review 811-13; (2016) 12:3 Law, Culture and the Humanities 792-3; (2016) Contemporary Political Theory [online]; (2016) Marx & Philosophy Review of Books [online]; (2016) 39:4 UNSW Law Journal 1472-8; (2016) 37:2 Adelaide Law Review  523-535; (2016) 31:3 Canadian Journal of Law and Society 500-501; (2017) Notre Dame Philosophical Reviews [online]; (2017) 39:1 New Political Science 170-2; (2017) 10:1 Journal of Political Power 119-122; (2017) 27:3 Law and Politics Book Review 42-44 [and online]; (2017) 15:2 Perspectives on Politics 596-598; (2017) 42:1 Alternative Law Journal 79-80; (2017) 23:1 Australian Journal of Human Rights 135-138; (2017) 80:4 Modern Law Review 766-70; (2017) 11:3 Journal of Literary & Cultural Disability Studies 369-73; (2017) jotwell 24 July 2017 [online]

Foucault's Law (Abingdon: Routledge-Cavendish, 2009) (with Peter Fitzpatrick) [Japanese translation, 2014]

Reviewed in: (2009) 2 Law, Social Justice and Global Development; (2009) 38(3) Rechtsfilosofie & Rechtstheorie 253-56; (2009) 47 Osgoode Hall Law Journal 617-8; (2009) 16 Studies in Humanities and Social Sciences 269-77; (2010) 20(1) Law and Politics Book Review 1-5; (2010) 6(3) Law, Culture and the Humanities 465-9; (2010) 8 Foucault Studies 146-50; (2010) 23(2) International Journal for the Semiotics of Law 237; (2010) 6 Annual Review of Law and Social Science 45-59; (2010) 43 Continental Philosophy Review 569-74; (2010) 16 Res Publica 333-36; (2011) 74(1) Modern Law Review 159-68; (2011) 20(1) Social & Legal Studies 117-20; (2011) 6(1) PhaenEx 167-76; (2011) 79 Droit et Societe 776-9; (2011) 19 Feminist Legal Studies 251-63; (2012) 8 International Journal of Law in Context 297-310; and, (2013) 5 Revista de derecho Penal y Criminologia 286-89

Edited Books:

The Politics of Legality in a Neoliberal Age (Abingdon: Routledge, forthcoming 2018) (ed. with Daniel McLoughlin)

Re-reading Foucault: On Law, Power and Rights (Abingdon: Routledge, 2012)

    Reviewed in: (2015) 19 Foucault Studies 244-48; (2015) 5 Radical Criminology 241-45

Foucault and Law (Aldershot: Ashgate, 2010) (ed. with Peter Fitzpatrick)

    Reviewed in: (2011) 12 Foucault Studies 219-22

Edited Special Issues of Journals:

'Symposium on Foucault', a Symposium Section ('International Legal Theory') of (2012) 25(3) Leiden Journal of International Law (ed. with Tanja Aalberts) [plus co-authored editorial introduction]

'The Borders of the Political/The Politics of the Border', a Special Issue of (2009) 20(2) Law & Critique (ed. with Illan Wall and Victoria Ridler) [plus co-authored editorial introduction]

Book Chapters:

'The Politics of Legality in a Neoliberal Age', in The Politics of Legality in a Neoliberal Age, ed. by Ben Golder and Daniel McLoughlin (Abingdon: Routledge, forthcoming 2018) (with Daniel McLoughlin)

'Contemporary Legal Genealogies', in Searching for Contemporary Legal Thought, ed. by Justin Desautels-Stein and Chris Tomlins (Cambridge: Cambridge University Press, 2017), pp. 80-98

'On the Varieties of Universalism in Human Rights Discourse', in Human Rights between Law and Politics: The Margin of Appreciation in Post-National Contexts, ed. by Petr Agha (Oxford: Hart, 2017), pp. 37-54

'Theorising Human Rights', in The Oxford Handbook of the Theory of International Law, ed. by Florian Hoffmann and Anne Orford (Oxford: Oxford University Press, 2016), pp. 684-700

'Political Criminals, Terrorists, and Extra-Criminal Regimes of Punishment', in Allegiance and Identity in a Globalised World, ed. by Fiona Jenkins, Mark Nolan and Kim Rubenstein (Cambridge: Cambridge University Press, 2014), pp. 267-90 (with Chris Michaelsen)

'Re-reading Foucault on Law, Power and Rights', in Re-reading Foucault: On Law, Power and Rights, ed. by Ben Golder (Abingdon: Routledge, 2012), pp. 1-9

'The Distribution of Death: Notes Towards a Biopolitical Theory of Criminal Law', in New Critical Legal Thinking: Law, Politics and the Political, ed by Matthew Stone, Illan Rua Wall and Costas Douzinas (London: Birkbeck Law Press, 2012), pp. 91-111

'The Laws of Michel Foucault', in Foucault and Law, ed. by Ben Golder and Peter Fitzpatrick (Aldershot: Ashgate, 2010), pp. xi-xxvi, (with Peter Fitzpatrick)

'What is "Terrorism"? Problems of Legal Definition', in Anti-Terrorism Laws: Global Scenario, ed. by V. B. Malleswari (Hyderabad: ICFAI Amicus Books, 2008), pp. 1-37 (with George Williams) [extended and revised version of article below]

'"It forced me to open more than I could bear": HAD, Paedophilia, and the Discursive Limits of the Male Heterosexual Body', in An Aesthetics of Law and Culture: Texts, Images, Screens, ed. by Andrew T. Kenyon and Peter Rush (Amsterdam: Elsevier, 2004), pp. 53-72

Refereed Journal Articles:

'On the Genealogy of Human Rights: An Essay on Nostalgia Nostalgia' (2016) 22(2) Australian Journal of Human Rights 17-36

'Beyond Redemption?: Problematizing the Critique of Human Rights in Contemporary International Legal Thought' (2014) 2(1) London Review of International Law 77-114

'The Responsibility to Protect: Practice, Genealogy, Biopolitics' (2013) 1(1) London Review of International Law 158-65

'Foucault, Rights, and Freedom' (2013) 26(1) International Journal for the Semiotics of Law 5-21

'Human Rights Contra Critique: Preliminary Notes on the Politics of Interpretation' (2011) 17(2) Australian Journal of Human Rights 185-214

'Foucault's Critical (Yet Ambivalent) Affirmation: Three Figures of Rights' (2011) 20(3) Social & Legal Studies 283-312

'Liberal Law's Fear of "Culture"' (2010) 35(4) Alternative Law Journal 194-8

'What is an Anti-Humanist Human Right?' (2010) 16(5) Social Identities 651-668

'Foucault and the Unfinished Human of Rights' (2010) 6(3) Law, Culture and the Humanities 354-74

'Foucault and the Incompletion of Law' (2008) 21(3) Leiden Journal of International Law 747-63

'Foucault and the Genealogy of Pastoral Power' (2007) 10(2) Radical Philosophy Review 157-76

'Balancing National Security and Human Rights: Assessing the Legal Response of Common Law Nations to the Threat of Terrorism' (2006) 8(1) Journal of Comparative Policy Analysis: Research and Practice 43-62 (with George Williams)

'From McFarlane to Melchior and Beyond: Love, Sex, Money and Commodification in the Anglo-Australian Law of Torts' (2004) 12(2) Torts Law Journal 128-54

'Rethinking the Subject of Postmodern Feminist Legal Theory: Towards a Feminist Foucaultian Jurisprudence' (2004) 8 Southern Cross University Law Review 73-95

'What is 'Terrorism'? Problems of Legal Definition' (2004) 27(2) University of New South Wales Law Journal 270-95 (with George Williams)

'Law, History, Colonialism: An Orientalist Reading of Australian Native Title Law' (2004) 9(1) Deakin Law Review 41-60

'The Homosexual Advance Defence and the Law/Body Nexus: Towards a Poetics of Law Reform' (2004) 11(1) E Law – Murdoch University Electronic Journal of Law [], paras 1-67

Conference Papers (a selection):

Discussant on Session 1 of Data Associations in Global Law and Policy, UNSW Law (Sydney, 11-12 December, 2015)

Author-Respondent Participant in Book Panel on Foucault and the Politics of Rights, Australasian Society for Continental Philosophy Conference, University of New South Wales (Sydney, December 2-4, 2015)

‘Foucault and the Politics of Rights’, invited seminar paper presented to the Julius Stone Institute, University of Sydney (Sydney, 26 November, 2015).

‘What is Critical about a Genealogy of Human Rights?’, invited paper presented to Castan Centre for Human Rights Law, Monash University (Melbourne, 23 September, 2015)

‘On the Genealogy of Human Rights: An Essay on Nostalgia Nostalgia’, invited paper presented to Aspirational Rituals: Promises and Utopias in Human Rights, Centre for International Governance and Justice, RegNet, Australian National University (Canberra, 30-31 July 2015)

‘The View from Critical Theory’, paper presented to Engaging Constitutional History Workshop, Gilbert + Tobin Centre of Public Law, UNSW Law School (Sydney, 25 June 2015)

‘Contemporary Legal Genealogies’, paper presented to Institute for Global Law and Policy Conference, Harvard Law School (Cambridge, MA, 1-2 June 2015)

‘Contemporary Legal Genealogies’, paper presented to Law’s Promise and Law’s Pathos in the Global North and the Global South, meeting of the Law and Society Association (US) (Seattle, 28-31 May 2015)

Discussant at Author-Meets-Reader Roundtable on Irus Braverman, Wild Life: The Invention of Nature (Stanford: Stanford University Press, 2015), University of New South Wales Law School (Sydney, 8 May 2015)

Panellist on ‘Legal and Biological Norms’, at Society for the Study of Bio-political Futures and Biopolitical Studies Research Network Workshop, University of New South Wales (Sydney, 20 February 2015)

‘Teaching Human Rights Through Film’, paper presented to the Human Rights Tertiary Teachers’ Network Workshop, CIGJ/RegNet, Australian National University (Canberra, 18 February 2015) (with Daniel Joyce)

Discussant at Encountering the Author session on Joseph Slaughter, Human Rights, Inc. (New York: Fordham University Press, 2007), Philosophy@UWS and the Writing and Society Research Centre, University of Western Sydney (Sydney, 15 April 2014)

‘Human Rights and the Exhaustion of Critique’, paper presented to the Human Rights Tertiary Teachers’ Workshop, University of Melbourne (Melbourne, 21 February 2014)

‘Theorising Human Rights’, paper presented to the Oxford Handbook of International Legal Theory Melbourne Authors’ Workshop, University of Melbourne (Melbourne, 9 August 2013)

'The Critique of Human Rights in Contemporary International Legal Thought’, paper delivered to the Second Annual Junior Faculty Forum for International Law, University of Nottingham (Nottingham, 29-30 May 2013)

‘The Critique of Human Rights in Contemporary International Legal Thought’, paper delivered to the Law School Seminar Series, University of New South Wales (Sydney, 30 April 2013)

‘How Should we Teach the History of Human Rights?’, paper presented to the Human Rights Tertiary Teachers’ Network Workshop, Australian Human Rights Centre, University of New South Wales (Sydney, 25 February 2013)

Discussant at Author-Meets-Reader Session on Anne Orford, International Authority and the Responsibility to Protect (Cambridge: Cambridge University Press, 2011), Sydney Centre for International Law, University of Sydney (Sydney, 13 December 2012)

‘What Does the Recent History of Human Rights tell us about its Future?’, paper presented to Receiving Laws/Giving Laws, 31st Annual Australian and New Zealand Legal History Society Conference, University of Technology Sydney (Sydney, 10-12 December 2012)

‘On How to do Things with Critical Legal History: Human Rights, Reconsidered’, seminar paper presented to the Law Research Seminar Series, University of Technology Sydney (Sydney, 12 September 2012)

Discussant on Anthony Langlois, 'Institutionalizing Human Rights: The Meaning of Rights in the ASEAN Intergovernmental Commission on Human Rights', paper presented to The Politics of Citizenship in the Era of Human Rights: An International Research Workshop, Whitlam Institute at the University of Western Sydney (Sydney, 27-29 August 2012)

Discussant on session 'The Political Economy of Human Rights', at Contemporary Critical Approaches to Human Rights , University of New South Wale (Sydney, 17-8 August 2012)

'Foucault, Rights, and Freedom', invited paper presented to the Legal Intersections Research Centre, University of Wollongong (Wollongong, 5 October 2011)

'Foucault and the Politics of Human Rights', paper presented to The Politics of Rights, American Political Science Association Conference (Seattle, 1-4 September 2011)

'Limits to Critique', invited paper presented to Law and Culture Symposium, UTS Faculty of Law (Sydney, 1 July 2011)

'The Limits and Possibilities of a Foucauldian Politics of Rights', invited paper presented to Foucault Effect: 1991-2011, a conference organised by the Centre for Law and the Humanities, Birkbeck College (London, 3-4 June 2011). Listen here: http://backdoorbroadcasting.net/2011/06/ben-golder-the-limits-and-possibilities-of-a-foucauldian-politics-of-rights/

'Foucault's Critical Affirmation: Three Figures of Rights', paper presented to the 2011 meeting of the Foucault Circle, University of Alberta (Banff, 25-27 March, 2011)

'On the Use and Disadvantage of (Foucault for) a Critique of Human Rights', paper presented to Critic and Conscience?, 27th Annual Conference of the Law and Society Association of Australia and New Zealand, Victoria University of Wellington (8-10 December, 2010)

'Foucault's Critical Affirmation of Human Rights', paper presented to Affect, Australasian Society for Continental Philosophy Annual Conference, University of Queensland (3-5 December 2010)

'Foucault's Critical (Yet Ambivalent) Affirmation: Three Figures of Rights', seminar paper presented to the Law Research Seminar Series, University of Technology Sydney (27 October, 2010)

'Foucault's Critical (Yet Ambivalent) Affirmation: Three Figures of Rights', seminar paper presented to the Institute for International Law and the Humanities, University of Melbourne (26 October, 2010)

'Foucault's Critical (Yet Ambivalent) Affirmation: Three Figures of Rights', seminar paper presented to the Law School Seminar Series, University of New South Wales (12 October, 2010)

Commentary on Harry Roque, 'The Philippines Human Security Act: A Critical Analysis', paper presented to the Anti-Terrorism Symposium, Gilbert + Tobin Centre of Public Law, Faculty of Law, University of New South Wales (5-6 August, 2010)

'Men from the Forest: Political Criminals, Terrorists and Extra-Criminal Regimes of Punishment', paper presented to the Centre for International and Public Law (ANU) Workshop, Connecting International Law with Public Law - Allegiance and Identity in a Globalised World (19-21 July, 2010) (with Christopher Michaelsen)

'The Differential Distribution of Death: Criminal Law as Biopolitics', paper presented to the Australian and New Zealand Critical Criminology Conference, Sydney Institute of Criminology (University of Sydney) and the School of Social Sciences (University of Western Sydney) (1-2 July 2010)

'On Foucault and Human Rights', invited seminar paper presented to the Socio-Legal Research Centre, Griffith University (19 May, 2010)

'Foucault and the Unfinished Human of Rights', invited seminar paper presented to the Julius Stone Institute, University of Sydney (24 September, 2009).

'Foucault, Anti-Humanism and Human Rights', refereed paper presented to the Centre for Post-Colonial and Globalisation Studies Conference, Foucault: 25 Years On (Adelaide, 25 June 2009) [published online at: http://www.unisa.edu.au/Documents/EASS/HRI/foucault-conference/golder.pdf]

'Foucault and the Unfinished Human of Rights', plenary address given at the Annual Australian Society of Legal Philosophy Conference (Melbourne, 5-6 June 2009)

'Foucault and the Subject of Human Rights', paper presented to the Birkbeck College School of Law Staff Workshop, The Laws of Michel Foucault (London, 2 May 2008)

'Foucault's Law: Part One', paper presented to the Critical Legal Conference, Walls (London, 14-16 September 2007)

'Foucault on Ethics and Law', paper presented to the joint meeting of the Law and Society Association and the Research Committee on Sociology of Law, Law and Society in the 21st Century: Transformations, Resistances, Futures (Berlin, 25-28 July 2007)

'Critical Ontology as Law', paper presented to the 8th Essex Graduate Conference in Political Theory, Multitude, People, Resistance (Colchester, 21-22 June 2007)

'Racism and the Murderous Function of the State: Law and Sovereign Power in Foucault's 'Society Must Be Defended'', paper presented to the 3rd Texas Wesleyan University School of Law Conference, 'Too Pure an Air': Law and the Quest for Freedom, Justice and Equality (Gloucester, 18-20 June 2006)

'Legal Definitions of Violence: The Symbolic Politics of Counter-Terrorism', paper presented to the Critical Legal Conference, Resistance (Canterbury, 2-4 September 2005)

'Democracy's Definitional Disavowal, or The Semantic Economy of Political Violence', paper presented to the 6th Essex Graduate Conference in Political Theory, Difference, Borders, Others (Colchester, 13-14 May 2005)

'Provoking Hatred: The Homosexual Advance Defence and the Politics of the Body', paper presented to the 20th Annual Law and Society Conference (Australia), Opening Law: Making Links – Crossing Boundaries (Wollongong, 9-11 December 2002)

''[I]t forced me to open more than I could bear': HAD, paedophilia, and the discursive limits of the (male heterosexual) body', paper presented to the 11th International Conference of the Law and Literature Association of Australia, held in conjunction with the Association for the Study of Law, Culture and the Humanities (USA), Mediating Law: Theory Production Culture (Melbourne, 29 November-1 December 2002)

Book Reviews:

Magnus Hornqvist, Risk, Power and the State: After Foucault (Abingdon: Routledge-Cavendish, 2010), reviewed in (2012) 8(4) International Journal of Law in Context 535-7

Andrew N. Sharpe, Foucault's Monsters and the Challenge of Law (Abingdon: Routledge-Cavendish, 2010), reviewed in (2011) 74(4) Modern Law Review 639-42

Panu Minkkinen, Sovereignty, Knowledge, Law (Abingdon: Routledge-Cavendish, 2009), reviewed in (2010) 6(3) Law, Culture and the Humanities 457-8

Jennifer L. Culbert, Dead Certainty: The Death Penalty and the Problem of Judgment (Stanford: Stanford University Press, 2008), reviewed in (2009) 5(1) Law, Culture and the Humanities 164-6

Margaret Davies, Asking the Law Question, 3rd ed. (Sydney: Thomson Lawbook Co., 2008), reviewed in (2008) 33(2) Alternative Law Journal 124

Ian Ward, Introduction to Critical Legal Theory, 2nd ed. (London: Cavendish Publishing, 2004), reviewed in (2006) 15(1) Social & Legal Studies 154-7

Ronnie Lippens, ed., Imaginary Boundaries of Justice: Social and Legal Justice across Disciplines (Oxford: Hart Publishing, 2005), reviewed in (2006) 69(1) Modern Law Review 129-31

Eduardo Mendieta and Jeffrey Paris, eds., 'Biopolitics and Racism', Special Issue of Radical Philosophy Review 7(1) (2004), reviewed in (2005) 3 Foucault Studies 121-6

Michael Ratner and Ellen Ray, Guantánamo: What the World Should Know (Melbourne: Scribe Publications, 2004) and David Rose, Guantánamo: America's War on Human Rights (New York: New Press, 2004), reviewed in (2005) 27(3) Sydney Law Review 579-83

Elaine C. Hagopian, ed., Civil Rights in Peril: The Targeting of Arabs and Muslims (London: Pluto Press, 2004), reviewed in (2005) 17(1) Current Issues in Criminal Justice 168-70

Prue Vines, Law and Justice in Australia: Foundations of the Legal System (Melbourne: OUP, 2005), reviewed in (2005) 27(1) Sydney Law Review 181-3

Media Opinion Pieces:

'The Tricky Problem of Defining Terrorism', On-Line Opinion: Australia's e-journal of Social and Political Debate, 11 March 2005 (with George Williams)

'Rights and Wrongs: On How to Define Terrorism', Australian Financial Review, 13 May 2005, Review p. 9 (with George Williams)

Submissions to Public Inquiries:

Submission to the National Security Discussion Paper (2009) (with Andrew Lynch, Nicola McGarrity, Christopher Michaelsen, Edward Santow, Ben Teeger and George Williams)

Submission to the National Human Rights Consultation (2009) (with Andrew Lynch, Christopher Michaelsen and Nicola McGarrity)

Submission to NSW Legislative Council Standing Committee on Social Issues Inquiry into an Equal Age of Consent (2002)

Submission to the Department of Education, Science and Training on the Ministerial Discussion Paper, Higher Education at the Crossroads (2002)

Submission to Senate Employment, Workplace Relations, Small Business and Education References Committee Inquiry into the Capacity of Public Universities to Meet Australia's Higher Education Needs (2001)

Submission to NSW Legislative Council Select Committee on the Increase in Prisoner Population (2000)

Submission to NSW Law Reform Commission Review of Part 10 of the Legal Profession Act 1987 (2000)

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