States Of Exception
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State Of Exception
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Author : Giorgio Agamben
language : en
Publisher: University of Chicago Press
Release Date : 2008-07-18
State Of Exception written by Giorgio Agamben and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Philosophy categories.
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
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Author : Gary Gerstle
language : en
Publisher: University of Chicago Press
Release Date : 2020-10-19
States Of Exception In American History written by Gary Gerstle and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-19 with History categories.
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.
The International Law Of Human Rights And States Of Exception
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Author : Anna-Lena Svensson-McCarthy
language : en
Publisher: BRILL
Release Date : 2021-09-27
The International Law Of Human Rights And States Of Exception written by Anna-Lena Svensson-McCarthy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
The Culture Of Exception
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Author : Bulent Diken
language : en
Publisher: Routledge
Release Date : 2005-06-28
The Culture Of Exception written by Bulent Diken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-28 with Social Science categories.
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.
Emergency Powers In Asia
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Author : Victor V. Ramraj
language : en
Publisher: Cambridge University Press
Release Date : 2010
Emergency Powers In Asia written by Victor V. Ramraj and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
American Exception
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Author : Aaron Good
language : en
Publisher: Skyhorse
Release Date : 2022-04-05
American Exception written by Aaron Good and has been published by Skyhorse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-05 with Political Science categories.
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.
Surviving Autocracy
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Author : Masha Gessen
language : en
Publisher: Granta Books
Release Date : 2020-06-04
Surviving Autocracy written by Masha Gessen and has been published by Granta Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-04 with Political Science categories.
'An indispensable voice of and for this moment' Timothy Snyder, author of On Tyranny Many of us are consumed by news cycles reporting on Trump's latest astonishing policy or declaration, and the overwhelming sense we have is one of confusion and incredulity - how could this be happening? As the 2020 US Presidential race takes shape, SURVIVING AUTOCRACY provides an indispensable overview of the calamitous trajectory of the past few years. Drawing on her Soviet childhood and two decades covering the resurgence of totalitarianism in Russia, acclaimed New Yorker journalist and prize-winning author Masha Gessen links together seemingly disparate elements of Trump's regime to offer a roadmap for understanding Trump's approach, policies and ultimate aims. Highlighting an inventory of ravages to liberal democracy, including the corrosion of the media, the justice system and cultural norms, she posits that America is in the throws of an autocratic attempt. Gessen's penetrating analysis offers a new political discourse to replace that which has been so thoroughly degraded, and with it, a clearer path to action. Manifesto-like, Surviving Autocracy is threaded with solutions to the current situation, such as developing a political language that encompasses autocratic impulses, a more agile and honest media, and a visionary moral politics to counter Trump's extraordinary on-going assault.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
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.
Emergencies In Public Law
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Author : Karin Loevy
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-11
Emergencies In Public Law written by Karin Loevy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Law categories.
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
The Lama Question
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Author : Christopher Kaplonski
language : en
Publisher: University of Hawaii Press
Release Date : 2014-11-30
The Lama Question written by Christopher Kaplonski and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-30 with History categories.
Before becoming the second socialist country in the world (after the Soviet Union) in 1921, Mongolia had been a Buddhist feudal theocracy. Combatting the influence of the dominant Buddhist establishment to win the hearts and minds of the Mongolian people was one of the most important challenges faced by the new socialist government. It would take almost a decade and a half to resolve the “lama question,” and it would be answered with brutality, destruction, and mass killings. Chris Kaplonski examines this critical, violent time in the development of Mongolia as a nation-state and its ongoing struggle for independence and recognition in the twentieth century. Unlike most studies that explore violence as the primary means by which states deal with their opponents, The Lama Question argues that the decision to resort to violence in Mongolia was not a quick one; neither was it a long-term strategy nor an out-of control escalation of orders but the outcome of a complex series of events and attempts by the government to be viewed as legitimate by the population. Kaplonski draws on a decade of research and archival resources to investigate the problematic relationships between religion and politics and geopolitics and biopolitics in early socialist Mongolia, as well as the multitude of state actions that preceded state brutality. By examining the incidents and transformations that resulted in violence and by viewing violence as a process rather than an event, his work not only challenges existing theories of political violence, but also offers another approach to the anthropology of the state. In particular, it presents an alternative model to philosopher Georgio Agamben’s theory of sovereignty and the state of exception. The Lama Question will be of interest to scholars and students of violence, the state, biopolitics, Buddhism, and socialism, as well as to those interested in the history of Mongolia and Asia in general.