State of Exception

State of Exception PDF Author: Giorgio Agamben
Publisher: University of Chicago Press
ISBN: 0226009262
Category : Philosophy
Languages : en
Pages : 108

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Book Description
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

States of Exception in American History

States of Exception in American History PDF Author: Gary Gerstle
Publisher: University of Chicago Press
ISBN: 022671232X
Category : History
Languages : en
Pages : 375

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Book Description
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.

Politics, Metaphysics, and Death

Politics, Metaphysics, and Death PDF Author: Andrew Norris
Publisher: Duke University Press
ISBN: 0822386739
Category : Philosophy
Languages : en
Pages : 321

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Book Description
The Italian philosopher Giorgio Agamben is having an increasingly significant impact on Anglo-American political theory. His most prominent intervention to date is the powerful reassessment of sovereignty and the politics of life and death laid out in his multivolume Homo Sacer project. Agamben argues that in both the modern world and the ancient, politics inevitably involves a sovereign decision that bans some individuals from the political and human communities. For Agamben, the Nazi concentration camps—in which some inmates are reduced to a form of living death—are not a political aberration but instead the place where this essential political decision about life most clearly reveals itself. Engaging specifically with Homo Sacer, the essays in this collection draw out and contend with the wide-ranging implications of Agamben’s radical and controversial interpretation of modern political life. The contributors analyze Agamben’s thought from the perspectives of political theory, philosophy, jurisprudence, and the history of law. They consider his work not only in relation to that of his major interlocutors—Hannah Arendt, Michel Foucault, Carl Schmitt, Walter Benjamin, and Martin Heidegger—but also in relation to the thought of Plato, Pindar, Heraclitus, Descartes, Kafka, Bataille, and Derrida. The essayists’ approaches are varied, as are their ultimate evaluations of the cogency and accuracy of Agamben’s arguments. This volume also includes an original essay by Agamben in which he considers the relation of Benjamin’s “Critique of Violence” to Schmitt’s Political Theology. Politics, Metaphysics, and Death is a necessary, multifaceted exposition and evaluation of the thought of one of today’s most important political theorists. Contributors: Giorgio Agamben, Andrew Benjamin, Peter Fitzpatrick, Anselm Haverkamp, Paul Hegarty, Andreas Kalyvas, Rainer Maria Kiesow , Catherine Mills, Andrew Norris, Adam Thurschwell, Erik Vogt, Thomas Carl Wall

American Exception

American Exception PDF Author: Aaron Good
Publisher: Simon and Schuster
ISBN: 1510769145
Category : Political Science
Languages : en
Pages : 460

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Book Description
American Exception seeks to explain the breakdown of US democracy. In particular, how we can understand the uncanny continuity of American foreign policy, the breakdown of the rule of law, and the extreme concentration of wealth and power into an overworld of the corporate rich. To trace the evolution of the American state, the author takes a deep politics approach, shedding light on those political practices that are typically repressed in “mainstream” discourse. In its long history before World War II, the US had a deep political system—a system of governance in which decision-making and enforcement were carried out within—and outside of—public institutions. It was a system that always included some degree of secretive collusion and law-breaking. After World War II, US elites decided to pursue global dominance over the international capitalist system. Setting aside the liberal rhetoric, this project was pursued in a manner that was by and large imperialistic rather than progressive. To administer this covert empire, US elites created a massive national security state characterized by unprecedented levels of secrecy and lawlessness. The “Global Communist Conspiracy” provided a pretext for exceptionism—an endless “exception” to the rule of law. What gradually emerged after World War II was a tripartite state system of governance. The open democratic state and the authoritarian security state were both increasingly dominated by an American deep state. The term deep state was badly misappropriated during the Trump era. In the simplest sense, it herein refers to all those institutions that collectively exercise undemocratic power over state and society. To trace how we arrived at this point, American Exception explores various deep state institutions and history-making interventions. Key institutions involve the relationships between the overworld of the corporate rich, the underworld of organized crime, and the national security actors that mediate between them. History-making interventions include the toppling of foreign governments, the launching of aggressive wars, and the political assassinations of the 1960s. The book concludes by assessing the prospects for a revival of US democracy.

Who Must Die in Rwanda's Genocide?

Who Must Die in Rwanda's Genocide? PDF Author: Kyrsten Sinema
Publisher: Lexington Books
ISBN: 1498518656
Category : Political Science
Languages : en
Pages : 177

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Book Description
This book provides a juridical, sociopolitical history of the evolution of the 1994 Rwandan genocide. Over one million citizens were massacred in less than 100 days via a highly organized, efficiently executed genocide throughout the tiny country of Rwanda. While genocide is not a unique phenomenon in modern times, a genocide like Rwanda’s is unique. Unlike most genocides, wherein a government plans and executes mass murder of a targeted portion of its population, asking merely that the majority population look the other way, or at most, provide no harbor to the targeted population (ex: Germany), the Rwandan government relied heavily on the civilian population to not only politically support, but actively engage in the acts of genocide committed over the 100 days throughout the spring of 1994. This book seeks to understand why and how the Rwandan genocide occurred. It analyzes the colonial roots of modern Rwandan government and the development of the political “state of exception” created in Rwanda that ultimately allowed the sovereign to dehumanize the minority Tutsi population and execute the most efficient genocide in modern history.

States of Exception

States of Exception PDF Author: Cosmin Cercel
Publisher: Routledge
ISBN: 9780367529062
Category :
Languages : en
Pages : 218

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Book Description
This book addresses the relevance of the state of exception for the analysis of law, while reflecting on the deeper symbolic and jurisprudential significance of the coalescence between law and force. The concept of the state of exception has become a central topos in political and legal philosophy as well as in critical theory. The theoretical apparatus of the state of exception sharply captures the uneasy relationship between law, life and politics in the contemporary global setting, while also challenging the comforting narratives that uncritically connect democracy with the tradition of the rule of law. Drawing on critical legal theory, continental jurisprudence, political philosophy and history, this book explores the genealogy of the concept of the state of exception and reflects on its legal embodiment in past and present contexts - including Weimar and Nazi Germany, contemporary Europe and Turkey. In doing so, it explores the disruptive force of the exception for legal and political thought, as it recuperates its contemporary critical potential. The book will be of interest to students and scholars in the field of jurisprudence, philosophy and critical legal theory.

Liberal Disorder, States of Exception, and Populist Politics

Liberal Disorder, States of Exception, and Populist Politics PDF Author: Valur Ingimundarson
Publisher: Routledge
ISBN: 1000294080
Category : Political Science
Languages : en
Pages : 338

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Book Description
Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces promoting anti- pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers, and their links with technological innovations, as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications. The book will be of interest to scholars and students of a number of disciplines in the humanities and social sciences: history, political science, philosophy, constitutional and international law, sociology, cultural studies, anthropology, and economics.

Sovereign Justice

Sovereign Justice PDF Author: Diogo Aurelio
Publisher: Walter de Gruyter
ISBN: 3110245744
Category : Philosophy
Languages : en
Pages : 265

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Book Description
Sovereign Justice collects valuable contributions from scholars of both continental and analytic tradition, and aims to investigate into the relationship between global justice and the nation state. It deals therefore especially with the moral relevance of national boundaries and cosmopolitanism. It is organised in four sections. The first section deals with cosmopolitan approaches to global justice, with regard to which Kok-Choir Tan's article presents an overview over the current state of the art, the challenges that cosmopolitanism is currently facing, and its relationship and contrasts with other theoretical strands. Etinson's article attempts to clarify the concept of cosmopolitanism. De Angelis's contribution aims to assess the current argumentative state of the art. The second section discusses more specific normative issues. The contributions included in this section deal with global egalitarianism, the moral relevance of national boundaries, global moral and political obligation, and the relationship of national sovereignty and global justice. The third section deals with the contribution of Rawls's work to the current debate on global justice. It also contains an article that deals with the Kantian "aesthetic judgement" - a topic already developed and made famous by Hannah Arendt - and its relevance in the context of international political theory - recently pointed out by Alessandro Ferrara's increasingly influential work. Finally, section four deals with economic justice and discusses principles of economic equality in times of globalisation and Pogge's idea of a global resources dividend. The book presents both a useful assessment of the state of the art and valuable contributions to its advancement. The articles will be of great use both for scholars and for students. 

The Culture of Exception

The Culture of Exception PDF Author: Bulent Diken
Publisher: Routledge
ISBN: 1134266456
Category : Social Science
Languages : en
Pages : 228

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Book Description
We live in an ever-fragmenting society, in which distinctions between culture and nature, biology and politics, law and transgression, mobility and immobility, reality and representation, seem to be disappearing. This book demonstrates the hidden logic beneath this process, which is also the logic of 'the camp'. Social theory has traditionally interpreted the camp as an anomaly, as an exceptional site situated on the margins of society, aiming to neutralize its 'failed citizens' and 'enemies'. However, in contemporary society, 'the camp' has now become the rule and consequently a new interrogation of its logic is necessary. In this exceptional volume, the authors explore the paradox of the camp, as representing both an old fear of enclosure and a new dream of belonging. They illustrate their arguments by drawing on contemporary sites of exemption - such as refugee camps, rape camps and favelas - as well as sites of self-exemption including gated communities, party tourism and celebrity cultures.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law PDF Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189

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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.