States Of Exception In American History
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States Of Exception In American History
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Author : Gary Gerstle
language : en
Publisher: University of Chicago Press
Release Date : 2020-11-10
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 2020-11-10 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.
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.
American Exception
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Author : Aaron Good
language : en
Publisher: Simon and Schuster
Release Date : 2022-06-21
American Exception written by Aaron Good and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-21 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.
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.
The Great Exception
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Author : Jefferson Cowie
language : en
Publisher: Princeton University Press
Release Date : 2017-04-18
The Great Exception written by Jefferson Cowie and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-18 with History categories.
How the New Deal was a unique historical moment and what this reveals about U.S. politics, economics, and culture Where does the New Deal fit in the big picture of American history? What does it mean for us today? What happened to the economic equality it once engendered? In The Great Exception, Jefferson Cowie provides new answers to these important questions. In the period between the Great Depression and the 1970s, he argues, the United States government achieved a unique level of equality, using its considerable resources on behalf of working Americans in ways that it had not before and has not since. If there is to be a comparable battle for collective economic rights today, Cowie argues, it needs to build on an understanding of the unique political foundation for the New Deal. Anyone who wants to come to terms with the politics of inequality in the United States will need to read The Great Exception.
Liberal Disorder States Of Exception And Populist Politics
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Author : Valur Ingimundarson
language : en
Publisher: Routledge
Release Date : 2020-12-20
Liberal Disorder States Of Exception And Populist Politics written by Valur Ingimundarson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-20 with Political Science categories.
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.
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 Exceptionalist State And The State Of Exception
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Author : William V. Spanos
language : en
Publisher: JHU Press
Release Date : 2011-02-15
The Exceptionalist State And The State Of Exception written by William V. Spanos and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-15 with Literary Criticism categories.
Critics predominantly view Herman Melville’s Billy Budd, Sailor as a “testament of acceptance,” the work of a man who had become politically conservative in his last years. William V. Spanos disagrees, arguing that the novella was not only a politically radical critique of American exceptionalism but also an eerie preview of the state of exception employed, most recently, by the George W. Bush administration in the post–9/11 War on Terror. While Billy Budd, Sailor is ostensibly about the Napoleonic Wars, Spanos contends that it is at heart a cautionary tale addressed to the American public as the country prepared to extend its westward expansion into the Pacific Ocean by way of establishing a global imperial navy. Through a close, symptomatic reading of Melville’s text, Spanos rescues from critical oblivion the pervasive, dense, and decisive details that disclose the consequences of normalizing the state of exception—namely, the transformation of the criminal into the policeman (Claggart) and of the political human being into the disposable reserve that can be killed with impunity (Billy Budd). What this shows, Spanos demonstrates, is that Melville's uncanny attunement to the dark side of the American exceptionalism myth enabled him to foresee its threat to the very core of democracy in the twentieth and twenty-first centuries. This view, Spanos believes, anticipates the state of exception theory that has emerged in the recent work of Giorgio Agamben, Alain Badiou, Judith Butler, and Jacques Ranciere, among other critical theorists. The Exceptionalist State and the State of Exception illustrates that Melville, in his own time, was aware of the negative consequences of the deeply inscribed exceptionalist American identity and recognized the essential domestic and foreign policy issues that inform the country’s national security program today.
States Of Exception In The Contemporary Novel
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Author : Arne De Boever
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2012-03-08
States Of Exception In The Contemporary Novel written by Arne De Boever and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Literary Criticism categories.
In the aftermath of the September 11 terror attacks, the political situation in both the United States and abroad has often been described as a "state of exception": an emergency situation in which the normal rule of law is suspended. In such a situation, the need for good decisions is felt ever more strongly. This book investigates the aesthetics, ethics, and politics of various decisions represented in novels published around 9/11: Martel's Life of Pi, Eugenides' Middlesex, Coetzee's Disgrace, and Sebald's Austerlitz. De Boever's readings of the novels revolve around what he calls the 'aesthetic decision.' Which aesthetics do the characters and narrators in the novels adopt in a situation of crisis? How do these aesthetic decisions relate to the ethical and political decisions represented in the novels? What can they reveal about real-life ethical and political decisions? This book uncovers the politics of allegory, autobiography, focalization, and montage in today's planetary state of exception.
51 Imperfect Solutions
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Author : Judge Jeffrey S. Sutton
language : en
Publisher: Oxford University Press
Release Date : 2018-05-07
51 Imperfect Solutions written by Judge Jeffrey S. Sutton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-07 with categories.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.