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Author: William E. Scheuerman
Publisher: MIT Press
ISBN: 9780262691963
Category : Philosophy
Languages : en
Pages : 348
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Book Description
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.
Author: William E. Scheuerman
Publisher: MIT Press
ISBN: 9780262691963
Category : Philosophy
Languages : en
Pages : 348
Get Book Here
Book Description
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.
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.
Author: Professor Reza Banakar
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497313
Category : Law
Languages : en
Pages : 376
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Book Description
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.
Author: Camil Ungureanu
Publisher: Routledge
ISBN: 1351924583
Category : Philosophy
Languages : en
Pages : 475
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Book Description
Jürgen Habermas is widely regarded as one of the outstanding intellectuals of our time. This collection focuses on the theory of law which can be distilled from his vast compendium of work. At the same time the collection places this theory in the context of Habermas' overall contribution to the theory of society, political theory and social philosophy. Volume I on 'The Discourse Theory of Law and Democracy' identifies the theoretical foundations. Volume II focuses on the critical debate of Habermas' discourse theory of law and democracy, on the challenges posed by the postnational constellation (Europeanization and processes of globalization) and on particular strands within his work, such as genetic technology and religion. Each volume is prefaced by a comprehensive introduction by the editors.
Author:
Publisher:
ISBN:
Category : Artificial intelligence
Languages : en
Pages : 244
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Book Description
Author: Wilhelm Max Wundt
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 330
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Book Description
Author: Thanos Zartaloudis
Publisher: Routledge
ISBN: 1351577271
Category : History
Languages : en
Pages : 553
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Book Description
This collection of articles brings together a selection of previously published work on Agamben‘s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben‘s law-related work.
Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0192536044
Category : Law
Languages : en
Pages : 209
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Book Description
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Author: Annmaria M. Shimabuku
Publisher: Fordham Univ Press
ISBN: 0823282678
Category : Social Science
Languages : en
Pages : 211
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Book Description
Okinawan life, at the crossroads of American militarism and Japanese capitalism, embodies a fundamental contradiction to the myth of the monoethnic state. Suspended in a state of exception, Okinawans have never been officially classified as colonial subjects of the Japanese empire or the United States, nor have they ever been treated as equal citizens of Japan. As a result, they live amid one of the densest concentrations of U.S. military bases in the world. By bringing Foucauldian biopolitics into conversation with Japanese Marxian theorizations of capitalism, Alegal uncovers Japan’s determination to protect its middle class from the racialized sexual contact around its mainland bases by displacing them onto Okinawa, while simultaneously upholding Okinawa as a symbol of the infringement of Japanese sovereignty figured in terms of a patriarchal monoethnic state. This symbolism, however, has provoked ambivalence within Okinawa. In base towns that facilitated encounters between G.I.s and Okinawan women, the racial politics of the United States collided with the postcolonial politics of the Asia Pacific. Through close readings of poetry, reportage, film, and memoir on base-town life since 1945, Shimabuku traces a continuing failure to “become Japanese.” What she discerns instead is a complex politics surrounding sex work, tipping with volatility along the razor’s edge between insurgency and collaboration. At stake in sovereign power’s attempt to secure Okinawa as a military fortress was the need to contain alegality itself—that is, a life force irreducible to the legal order. If biopolitics is the state’s attempt to monopolize life, then Alegal is a story about how borderland actors reclaimed the power of life for themselves. In addition to scholars of Japan and Okinawa, this book is essential reading for anyone interested in postcolonialism, militarism, mixed-race studies, gender and sexuality, or the production of sovereignty in the modern world. Alegal is available from the publisher on an open-access basis.
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.
