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Arendt Agamben And The Issue Of Hyper Legality
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Book Synopsis Arendt, Agamben and the Issue of Hyper-Legality by : Kathleen R. Arnold
Download or read book Arendt, Agamben and the Issue of Hyper-Legality written by Kathleen R. Arnold and published by Routledge. This book was released on 2018-05-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt’s comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems – immigrant detention and the prison system – are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners’ rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.
Book Synopsis Migrant Protest and Democratic States of Exception by : Kathleen R. Arnold
Download or read book Migrant Protest and Democratic States of Exception written by Kathleen R. Arnold and published by Taylor & Francis. This book was released on 2023-08-11 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognizing the radical disparity between migration/border policy and constitutional law “inside these borders,” Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention. This activism creates a “democratic state of exception,” interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible. Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forced migration and refugee studies, political science, human rights, protest history, and contemporary movements.
Book Synopsis Hannah Arendt and the Law by : Marco Goldoni
Download or read book Hannah Arendt and the Law written by Marco Goldoni and published by Bloomsbury Publishing. This book was released on 2012-04-20 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.
Download or read book Giorgio Agamben written by Tom Frost and published by Routledge. This book was released on 2013-11-20 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical Perspectives addresses the potential of Agamben’s thought by re-focusing attention away from his critiques of Western politics and towards his scheme for a political future. Part I of the book draws upon a wide range of issues such as legal oaths, legal reasoning and Christian conceptions of love in order to examine the potential for Agamben’s work to impact upon future legal scholarship. Part II focuses on political perspectives that include references to Marx, Rousseau and Agamben’s conception of the ‘messianic’. Theology, biology, and the thought of Gilles Deleuze, Walter Benjamin and Antonin Artaud are all drawn upon in Part III to explore philosophical perspectives in Agamben’s thought. This book demonstrates the importance and originality of Giorgio Agamben, who has articulated a vision of politics that must be recognised as an influential contribution to modern philosophical and political thinking. It is a book that will be of considerable interest to many working across the humanities and social sciences.
Book Synopsis On Agamben, Arendt, Christianity, and the Dark Arts of Civilization by : Peter Iver Kaufman
Download or read book On Agamben, Arendt, Christianity, and the Dark Arts of Civilization written by Peter Iver Kaufman and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many progressives have found passages in Augustine's work that suggest he entertained hopes for meaningful political melioration in his time. They also propose that his “political theology” could be an especially valuable resource for “an ethics of democratic citizenship” or for “hopeful citizenship” in our times. Peter Kaufman argues that Augustine's “political theology” offers a compelling, radical alternative to progressive politics. He chronicles Augustine's experiments with alternative polities, and pairs Augustine's criticisms of political culture with those of Giorgio Agamben and Hannah Arendt. This book argues that the perspectives of pilgrims (Augustine), refugees (Agamben), and pariahs (Arendt) are better staging areas than the perspectives and virtues associated with citizenship-and better for activists interested in genuine political innovation rather than renovation. Kaufman revises the political legacy of Augustine, aiming to influence interdisciplinary conversations among scholars of late antiquity and twenty-first century political theorists, ethicists, and practitioners.
Book Synopsis Agamben and Law by : Thanos Zartaloudis
Download or read book Agamben and Law written by Thanos Zartaloudis and published by Routledge. This book was released on 2017-07-05 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Hannah Arendt and the History of Thought by : Marguerite La Caze
Download or read book Hannah Arendt and the History of Thought written by Marguerite La Caze and published by Rowman & Littlefield. This book was released on 2022-06-14 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hannah Arendt and the History of Thought, edited by Daniel Brennan and Marguerite La Caze, enrichens and deepens scholarship on Arendt’s relation to philosophical history and traditions. Some contributors analyze thinkers not often linked to Arendt, such as William Shakespeare, Hans Jonas, and Simone de Beauvoir. Other contributors treat themes that are pressing and crucial to understanding Arendt’s work, such as love in its many forms, ethnicity and race, disability, human rights, politics, and statelessness. The collection is anchored by chapters on Arendt’s interpretation of Kant and her relation to early German Romanticism and phenomenology, while other chapters explore new perspectives, such as Arendt and film, her philosophical connections with other women thinkers, and her influence on Eastern European thought and activism. The collection expands the frames of reference for research on Arendt—both in terms of using a broader range of texts like her Denktagebuch and in examining her ideas about judgment, feminism, and worldliness in this wider context.
Book Synopsis Critiquing Sovereign Violence by : Rae Gavin Rae
Download or read book Critiquing Sovereign Violence written by Rae Gavin Rae and published by Edinburgh University Press. This book was released on 2019-04-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gavin Rae offers an original approach to sovereign violence by looking at a wide range of thinkers, which he organises into three models. Benjamin, Schmitt, Arendt, Deleuze and Guattari form the radical-juridical perspective; Foucault and Agamben the biopolitical; Derrida the bio-juridical - which Rae argues produces the most nuanced account. Rae engages with new translations of 'The Beast and the Sovereign' and 'The Death Penalty' to show that Derrida offers a radical and alternative angle in which violence is placed between law and life, simultaneously creating and regulating each through the other.
Book Synopsis Causes and Consequences of Migrant Criminalization by : Neža Kogovšek Šalamon
Download or read book Causes and Consequences of Migrant Criminalization written by Neža Kogovšek Šalamon and published by Springer Nature. This book was released on 2020-07-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book illustrates how the trend of associating migrants and refugees with criminality is on the rise. In political discourses and popular media alike, migrants and refugees are frequently portrayed as being dangerous, while cultures intent on welcoming newcomers are increasingly seen as being naïve, and providing assistance to migrants is more and more frequently subject to administrative or criminal penalties. At the same time, nondemocratic trends and practices that violate human rights and equality are gaining momentum in Europe, the US and Australia. Racism, xenophobia and anti-Islamism are simultaneously becoming more open and public; they are no longer restricted to clandestine platforms but are increasingly being mainstreamed into the political programs of parties that are entering both the EU parliaments and member state legislatures. Similar developments can be seen in the US and Australia. Such transformations in societies, governments, and institutions seem to reflect a growing amnesia regarding the lessons of the two World Wars of the 20th century, and the role that Europe, the US and Australia played in developing a post-war legal framework based on a shared, if imperfect, commitment to human rights. The book presents individual national analyses to reveal an emerging trend of “crimmigration” regardless of the peculiarities of national legislatures and internal political dynamics. By collecting original contributions from scholars based in and focused on each of these regions, it addresses above all the causes and impacts of the criminalization of migration in the early 21st century. It tackles the direct causes of these trends and encourages readers to rethink their broader political and socio-historic context. Importantly, the book does so by highlighting the ties between the criminalization of migration and equality, racism, and xenophobia. As the politics of migration become more perilous for political alliances like the EU as well for individual migrants, it is more important than ever to critically examine the cause and consequences of migrant criminalization. This collection does so from a variety of disciplinary perspectives and political traditions, seeking to overcome the distractions of charismatic politicians and the peculiar factions of national political systems, in order to reveal the underlying trends and disturbing patterns that are of interest to a broad, internationally-focused audience.
Book Synopsis Agamben and the Politics of Human Rights by : John Lechte
Download or read book Agamben and the Politics of Human Rights written by John Lechte and published by Edinburgh University Press. This book was released on 2013-05-23 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are in crisis today. Everywhere one looks, there is violence, deprivation, and oppression, which human rights norms seem powerless to prevent. This book investigates the roots of the current crisis through the thought of Italian philosopher, Giorgio Agamben. Human rights theory and practice must come to grips with key problems identified by Agamben "e; the violence of the sovereign state of exception and the reduction of humanity to 'bare' life. Any renewal of human rights today must involve breaking decisively with the traditional coordinates of Western political thought and instead affirm a new understanding of life and political action.
Download or read book The Limits of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Book Synopsis State of Exception by : Giorgio Agamben
Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Crimmigration in Australia by : Peter Billings
Download or read book Crimmigration in Australia written by Peter Billings and published by Springer Nature. This book was released on 2019-10-10 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary book introduces readers to original perspectives on crimmigration that foster holistic, contextual, and critical appreciation of the concept in Australia and its individual consequences and broader effects. This collection draws together contributions from nationally and internationally respected legal scholars and social scientists united by common and overlapping interests, who identify, critique, and reimagine crimmigration law and practice in Australia, and thereby advance understanding of this important field of inquiry. Specifically, crimmigration is addressed and analysed from a variety of standpoints, including: criminal law/justice; administrative law/justice; immigration law; international law; sociology of law; legal history feminist theory, settler colonialism, and political sociology. The book aims to: explore the historical antecedents of contemporary crimmigration and continuities with the past in Australia reveal the forces driving crimmigration and explain its relationship to border securitisation in Australia identify and examine the different facets of crimmigration, comprising: the substantive overlaps between criminal and immigration law; crimmigration processes; investigative techniques, surveillance strategies, and law enforcement agents, institutions and practices uncover the impacts of crimmigration law and practice upon the human rights and interests of non-citizens and their families. analyse crimmigration from assorted critical standpoints; including settler colonialism, race and feminist perspectives By focusing upon these issues, the book provides an interconnected collection of chapters with a cohesive narrative, notwithstanding that contributors approach the themes and specific issues from different theoretical and critical standpoints, and employ a range of research methods.
Book Synopsis Crimmigration under International Protection by : Rottem Rosenberg-Rubins
Download or read book Crimmigration under International Protection written by Rottem Rosenberg-Rubins and published by Taylor & Francis. This book was released on 2023-03-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed ‘crimmigration under international protection’, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of criminal law and criminology, immigration law, citizenship studies, globalization studies, border studies and critical refugee studies.
Book Synopsis Rightlessness in an Age of Rights by : Ayten Gündoğdu
Download or read book Rightlessness in an Age of Rights written by Ayten Gündoğdu and published by Oxford University Press, USA. This book was released on 2015 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gündogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." " --
Book Synopsis Decolonial Horizons by : Raimundo C. Barreto
Download or read book Decolonial Horizons written by Raimundo C. Barreto and published by Springer Nature. This book was released on 2023-12-27 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of two volumes of essays from the Ecclesiological Investigations International Research Network's 14th International Conference focused on decolonizing churches and theology, addressing oppressions based on gender, racial, and ethnic identities; economic inequality; social vulnerabilities; climate change and global challenges such as pandemics, neoliberalism, and the role of information technology in modern society, all connected with the topic of decolonization. The essays in this volume focus on decoloniality in religious and theological dialogue, migration, history, and education, written from historical, dogmatic, social scientific, and liturgical perspectives.
Book Synopsis Giorgio Agamben by : Thanos Zartaloudis
Download or read book Giorgio Agamben written by Thanos Zartaloudis and published by Routledge. This book was released on 2010-02-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough introduction to, and engagement with, the jurisprudential, political and philosophical thought of the influential Italian philosopher Giorgio Agamben. Critically introducing Agamben's work to both a readership in legal theory, and in the humanities and social sciences more generally, Zartaloudis takes up the three main themes of Agamben's recent work: Power (in its relation to bio-politics, capitalism, social systems, control and political theory); Law (in its relation to philosophy, violence, rights, states of exception and sovereignty); and Humanity (in its relation to theories of ethics, the idea of the human, human rights discourse and the condition of refugees).
