Author : Shampa Biswas
Publisher : Taylor & Francis
Page : 262 pages
File Size : 29,77 MB
Release : 2010
Category : Political Science
ISBN : 0415776945
Focusing on the margins and peripheries of global politics, this volume addresses key issues within international relations including migration, sovereignty, state security, war on terror, globalization, political economy, race and ethnicity, labor, space, culture and identity.
Author : Giorgio Agamben
Publisher : University of Chicago Press
Page : 108 pages
File Size : 49,7 MB
Release : 2008-07-18
Category : Philosophy
ISBN : 0226009262
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 : Anna-Lena Svensson-McCarthy
Publisher : BRILL
Page : 808 pages
File Size : 23,28 MB
Release : 2021-09-27
Category : Law
ISBN : 9004479317
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Author : Valur Ingimundarson
Publisher : Routledge
Page : 330 pages
File Size : 26,86 MB
Release : 2020-12-20
Category : Political Science
ISBN : 1000294080
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.
Author : Cosmin Cercel
Publisher : Routledge
Page : 218 pages
File Size : 41,27 MB
Release : 2022-02-24
Category :
ISBN : 9780367529062
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.
Author : Gary Gerstle
Publisher : University of Chicago Press
Page : 375 pages
File Size : 39,85 MB
Release : 2020-10-19
Category : History
ISBN : 022671232X
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.
Author : Shampa Biswas
Publisher : Routledge
Page : 273 pages
File Size : 15,79 MB
Release : 2009-12-16
Category : Philosophy
ISBN : 1135251819
Focusing on the margins and peripheries of global politics, this volume addresses key issues within international relations including migration, sovereignty, state security, war on terror, globalization, political economy, race and ethnicity, labor, space, culture and identity.
Author : Neal Andrew W. Neal
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 24,81 MB
Release : 2019-03-21
Category : Military policy
ISBN : 1474450946
Andrew W. Neal argues that while 'security' was once an anti-political 'exception' in liberal democracies - a black box of secret intelligence and military decision-making at the dark heart of the state - it has now become normalised in professional political life. This represents a direct challenge to critical security studies debates and their core assumption that security is a kind of illiberal and undemocratic 'anti-politics'. Using archival research and interviews with politicians, Neal investigates security politics from the 1980s to the present day to show how its meaning and practice have changed over time. In doing so, he develops an original reassessment of the security/politics relationship.
Author : William E. Scheuerman
Publisher : MIT Press
Page : 348 pages
File Size : 40,35 MB
Release : 1997-01-22
Category : Philosophy
ISBN : 9780262691963
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 : Martin Belov
Publisher : Routledge
Page : 189 pages
File Size : 22,5 MB
Release : 2019-10-16
Category : Law
ISBN : 1000707970
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.
