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Author: Michael G. Salter
Publisher: Routledge
ISBN: 1136452141
Category : Law
Languages : en
Pages : 314
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Book Description
There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.
Author: Michael G. Salter
Publisher: Routledge
ISBN: 1136452141
Category : Law
Languages : en
Pages : 314
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Book Description
There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.
Author: Fran?ois Raffoul
Publisher: SUNY Press
ISBN: 9780791453438
Category : Philosophy
Languages : en
Pages : 404
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Book Description
Investigating the extent to which Heidegger's thought can be read as a crucial resource for practical philosophy and the articulation of an ethos for our time, leading scholars offer a sustained and intensive focus on Heidegger's thought of praxis.
Author: Arthur Jacobson
Publisher: Univ of California Press
ISBN: 0520929683
Category : Philosophy
Languages : en
Pages : 420
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Book Description
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.
Author: Gary Genosko
Publisher: Rowman & Littlefield
ISBN: 1786611961
Category : Literary Criticism
Languages : en
Pages : 195
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Book Description
Using independent critical and cultural theory journals that cross the Canada/US border as key examples, this book shows how to interpret the original practices of periodicals by tracing editorial diasporas and transitions to electronic publishing. Back Issues explains the role of independent theory journals in the institutional formation of critical theory and cultural studies in Canada and the US by focusing on two seminal publications, Paul Piccone’s Telos and Arthur Kroker’s Canadian Journal of Political and Social Theory. Editorial transits across the international border figure largely, as do founding conferences, interpersonal flare-ups, and the conviviality of academic communities and pre-gentrified urban bohemias. Both commensurable and incommensurable relationships between journal projects are analysed, and a hitherto unwritten history of critical and cultural theory in Canada is broached.
Author: Richard W. Leeman
Publisher: Lexington Books
ISBN: 0739174096
Category : Political Science
Languages : en
Pages : 286
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Book Description
The Teleological Discourse of Barack Obama, by Richard Leeman, provides an in-depth analysis of President Barack Obama’s speeches and writings to explain the power of the 44th president's speaking.This book argues that, from his earliest writings through his latest presidential speeches, Obama has described the world through a teleological lens. Teleology is the philosophy of discovering in the essential nature of humans or countries the telos, or ideal, towards which one should progress. Obama consistently portrays freedom and equality as essential to human nature and the American spirit. Understanding his discourse as teleological helps explain the inspirational and philosophical nature of his rhetoric, as well as his famous patience, perceiving progress where others become frustrated. Teleological discourse is ancient, with its roots in philosophies such as Aristotle's Nicomachean Ethics and Christian theology, and its handprints evident in Lincoln's Gettysburg Address. In order to discover the roots of Obama's teleological perspective, Leeman also examines the speeches of presidents Franklin Roosevelt, John F. Kennedy, and Ronald Reagan, as well as the civil rights discourse of Martin Luther King, Jr., Frederick Douglass, and W. E. B. Du Bois. Although the roots of his teleological discourse run deep, President Obama's particular use of the philosophy is very modern. The Teleological Discourse of Barack Obama is an essential contribution to the study of American politics and political rhetoric.
Author: Kam Shapiro
Publisher: Rowman & Littlefield
ISBN: 0742563855
Category : Philosophy
Languages : en
Pages : 153
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Book Description
Author: Martin Jay
Publisher: Routledge
ISBN: 1136643176
Category : Art
Languages : en
Pages : 245
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Book Description
Force Fields collects the recent essays of Martin Jay, an intellectual historian and cultural critic internationally known for his extensive work on the history of Western Marxism and the intellectual migration from Germany to America.
Author: Wendy Larner
Publisher: Routledge
ISBN: 1134386087
Category : Political Science
Languages : en
Pages : 365
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Book Description
Foucault's thoughts on governmentality have made a significant impact on the studies of power and governance in modern societies. However, most studies of governmentality confine themselves to the exploration of power within nation-states. Global Governmentality extends Foucault's political thought towards international studies, exploring the governance of the global, the international, the regional and many other extra-domestic spaces. Combining historical and contemporary outlooks, this book offers innovative interdisciplinary explorations of such issues as international peacekeeping, refugees, political rationalities of security and neoliberalism, the spatiality of globalization, the genealogy of development, and the ethical governance of corporate activity. At a time when many of the geopolitical and economic certainties which framed international affairs are in flux, Global Governmentality is suggestive of new territories and lines for international analysis. It will be of interest to students and researchers of both governmentality and international studies.
Author: Victoria Kahn
Publisher: University of Chicago Press
ISBN: 022608390X
Category : Literary Criticism
Languages : en
Pages : 261
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Book Description
In recent years, the rise of fundamentalism and a related turn to religion in the humanities have led to a powerful resurgence of interest in the problem of political theology. In a critique of this contemporary fascination with the theological underpinnings of modern politics, Victoria Kahn proposes a return to secularism—whose origins she locates in the art, literature, and political theory of the early modern period—and argues in defense of literature and art as a force for secular liberal culture. Kahn draws on theorists such as Carl Schmitt, Leo Strauss, Walter Benjamin, and Hannah Arendt and their readings of Shakespeare, Hobbes, Machiavelli, and Spinoza to illustrate that the dialogue between these modern and early modern figures can help us rethink the contemporary problem of political theology. Twentieth-century critics, she shows, saw the early modern period as a break from the older form of political theology that entailed the theological legitimization of the state. Rather, the period signaled a new emphasis on a secular notion of human agency and a new preoccupation with the ways art and fiction intersected the terrain of religion.
Author: Jason Ralph
Publisher: Oxford University Press
ISBN: 019965235X
Category : Law
Languages : en
Pages : 186
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Book Description
The US response to 9/11 was exceptional. The 'war on terror' challenged certain international norms as articulated in international law. This book focuses on four specific areas: US policy on the targeting, prosecution, detention, and interrogation of suspected terrorists.
