Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0008
- Subject:
- Political Science, Political Theory
Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and ...
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Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and self‐determination. Two main theses are advanced. The first is that international law should recognize a remedial right to secede but not a general right of self‐determination that includes the right to secede for all peoples or nations; from the standpoint of international law, the unilateral right to secede—the right to secede without consent or constitutional authorization—should be understood as a remedial right only, a last‐resort response to serious injustices (the Remedial Right Only Theory). The second thesis advanced is that international legal order should encourage alternatives to secession, in particular by working for greater compliance with existing international human rights norms prohibiting ethno‐national and religious discrimination and, in some cases, by supporting intrastate autonomy regimes, i.e. arrangements for self‐government short of full sovereignty. The six sections of the chapter are: I. Introduction; II. A Justice‐Based Theory of Secession; III. Theories of Secession; IV. Recognition and the Right to Secede; V. Secession and Distributive Justice; and VI. Conclusions.Less
Begins the task of applying the justice‐based conception of political legitimacy developed in Part Two of the book to the practically urgent and theoretically vexing issues of secession and self‐determination. Two main theses are advanced. The first is that international law should recognize a remedial right to secede but not a general right of self‐determination that includes the right to secede for all peoples or nations; from the standpoint of international law, the unilateral right to secede—the right to secede without consent or constitutional authorization—should be understood as a remedial right only, a last‐resort response to serious injustices (the Remedial Right Only Theory). The second thesis advanced is that international legal order should encourage alternatives to secession, in particular by working for greater compliance with existing international human rights norms prohibiting ethno‐national and religious discrimination and, in some cases, by supporting intrastate autonomy regimes, i.e. arrangements for self‐government short of full sovereignty. The six sections of the chapter are: I. Introduction; II. A Justice‐Based Theory of Secession; III. Theories of Secession; IV. Recognition and the Right to Secede; V. Secession and Distributive Justice; and VI. Conclusions.
Kalervo N. Gulson and P. Taylor Webb
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781447320074
- eISBN:
- 9781447320098
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447320074.001.0001
- Subject:
- Education, Educational Policy and Politics
Attempts at educational equity amount to local activities performed within unequal and disjunctive political forces. As a politics, educational equity is redolent of the conditions that produce ...
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Attempts at educational equity amount to local activities performed within unequal and disjunctive political forces. As a politics, educational equity is redolent of the conditions that produce unequal schooling in the first place. Based on a four-year multi-modal study, this book identifies the forces that produced unequal schooling opportunities for Black families in Toronto, Canada, while simultaneously identifying the conditions that generated an Africentric Alternative School for these families and the Black community.
The book identifies how the conditions that created unequal schooling were some of the very conditions that produced educational equity in the form of the school. This includes four preconditions to relay an account of the school’s origin, including biopolitics, neoliberalism, the politics of recognition, and the city and its relationships to ideologies of race and multiculturalism. Each precondition is discussed in a separate chapter and in relation to a significant policy event that precipitated the becoming of the Africentric Alternative School. The book utilises an unique feature by developing a ‘subtext’ that accompanies each chapter, whereby the authors reflect upon the theoretical and methodological choices in each corresponding chapter. The book concludes how this particular analysis of education policy can be used to map constellations of power and force that have a large degree of influence over policy subjects and policy actors, in concerted attempts to identify the important preconditions that shape recurring attempts at racial justice.Less
Attempts at educational equity amount to local activities performed within unequal and disjunctive political forces. As a politics, educational equity is redolent of the conditions that produce unequal schooling in the first place. Based on a four-year multi-modal study, this book identifies the forces that produced unequal schooling opportunities for Black families in Toronto, Canada, while simultaneously identifying the conditions that generated an Africentric Alternative School for these families and the Black community.
The book identifies how the conditions that created unequal schooling were some of the very conditions that produced educational equity in the form of the school. This includes four preconditions to relay an account of the school’s origin, including biopolitics, neoliberalism, the politics of recognition, and the city and its relationships to ideologies of race and multiculturalism. Each precondition is discussed in a separate chapter and in relation to a significant policy event that precipitated the becoming of the Africentric Alternative School. The book utilises an unique feature by developing a ‘subtext’ that accompanies each chapter, whereby the authors reflect upon the theoretical and methodological choices in each corresponding chapter. The book concludes how this particular analysis of education policy can be used to map constellations of power and force that have a large degree of influence over policy subjects and policy actors, in concerted attempts to identify the important preconditions that shape recurring attempts at racial justice.
MICHAEL C. DORF
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195343298
- eISBN:
- 9780199867806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343298.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that the existence of the written Constitution crowds out arguments rooted in the customs of nonjudicial government. It offers support for the existence of the phenomenon, but ...
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This chapter argues that the existence of the written Constitution crowds out arguments rooted in the customs of nonjudicial government. It offers support for the existence of the phenomenon, but undertakes nothing like what would be needed to measure its full scope. Nor does the chapter examine whether the phenomenon occurs in other legal systems with written constitutions. Accordingly, the chapter should be understood as attempting to raise consciousness. After the first section, the chapter proceeds in three sections. Section II introduces the concept of crowding out in other contexts and then provides three principal examples of constitutional crowding out of the extraconstitutional Rule of Recognition (eCRoR), involving Court packing, jurisdictional gerrymandering, and the right to vote in Presidential elections. Section III explores practical, normative, and theoretical questions: Within Hart's framework, can we develop workable standards for identifying customary rules of recognition, and should we even try? Finally, Section IV concludes by calling attention to an earlier effort along these lines by Karl Llewellyn, asking whether the chapter's formulation of the issue has a chance of succeeding where his largely failed.Less
This chapter argues that the existence of the written Constitution crowds out arguments rooted in the customs of nonjudicial government. It offers support for the existence of the phenomenon, but undertakes nothing like what would be needed to measure its full scope. Nor does the chapter examine whether the phenomenon occurs in other legal systems with written constitutions. Accordingly, the chapter should be understood as attempting to raise consciousness. After the first section, the chapter proceeds in three sections. Section II introduces the concept of crowding out in other contexts and then provides three principal examples of constitutional crowding out of the extraconstitutional Rule of Recognition (eCRoR), involving Court packing, jurisdictional gerrymandering, and the right to vote in Presidential elections. Section III explores practical, normative, and theoretical questions: Within Hart's framework, can we develop workable standards for identifying customary rules of recognition, and should we even try? Finally, Section IV concludes by calling attention to an earlier effort along these lines by Karl Llewellyn, asking whether the chapter's formulation of the issue has a chance of succeeding where his largely failed.
Gul Ozyegin
- Published in print:
- 1937
- Published Online:
- May 2016
- ISBN:
- 9780814762349
- eISBN:
- 9780814762356
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814762349.003.0003
- Subject:
- Sociology, Race and Ethnicity
In stark contrast with their fathers, the young men whose narratives make up this chapter long for identities based on self-expansion and personal enrichment. Mirroring Turkish society's pivot away ...
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In stark contrast with their fathers, the young men whose narratives make up this chapter long for identities based on self-expansion and personal enrichment. Mirroring Turkish society's pivot away from state-based paternalism, these young men see themselves as embarking on projects of "entrepreneurship of the self" where old ideals of paternal selflessness are replaced by new ideals of individualism, ambition, and pleasure seeking. As these men reject the traditional modes of masculinity modeled by their fathers, they explicitly seek new types of affective relationships with "selfish" women who break from the traditional models of female selflessness. Yet even as these men seek recognition and support for their own self-making from women who are equally ambitious and independent, they cannot completely repudiate the maternal model, longing at the same time for "positive," "selfless" girls who subordinate their desires to the needs of the relationship. The tension of this paradox is felt most acutely by men from conservative and rural family backgrounds whose new identities as upwardly mobile high-achievers necessitate recognition from equally high-achieving women, but who are unable or unwilling to completely relinquish their need for male dominance and control in order to make such relationships successful.Less
In stark contrast with their fathers, the young men whose narratives make up this chapter long for identities based on self-expansion and personal enrichment. Mirroring Turkish society's pivot away from state-based paternalism, these young men see themselves as embarking on projects of "entrepreneurship of the self" where old ideals of paternal selflessness are replaced by new ideals of individualism, ambition, and pleasure seeking. As these men reject the traditional modes of masculinity modeled by their fathers, they explicitly seek new types of affective relationships with "selfish" women who break from the traditional models of female selflessness. Yet even as these men seek recognition and support for their own self-making from women who are equally ambitious and independent, they cannot completely repudiate the maternal model, longing at the same time for "positive," "selfless" girls who subordinate their desires to the needs of the relationship. The tension of this paradox is felt most acutely by men from conservative and rural family backgrounds whose new identities as upwardly mobile high-achievers necessitate recognition from equally high-achieving women, but who are unable or unwilling to completely relinquish their need for male dominance and control in order to make such relationships successful.
Philip F. Kennedy
- Published in print:
- 2016
- Published Online:
- May 2018
- ISBN:
- 9781474413725
- eISBN:
- 9781474427081
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474413725.001.0001
- Subject:
- Society and Culture, Middle Eastern Studies
The recognition scene is a feature of narrative that has shown extraordinary resilience in literary history and transformative power in works of literature. The evidence lies in its robust survival ...
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The recognition scene is a feature of narrative that has shown extraordinary resilience in literary history and transformative power in works of literature. The evidence lies in its robust survival and reinventions from antiquity to the present time. It thrives in most traditions of storytelling, and across all narrative media, from primitive oral folklore to the most sophisticated contemporary novels and films. In quality it ranges from the artistically sublime to rude cliche. The recognition scene has several key features: in its commonest form, it gives resolving shape to the plot of a story, very often providing ‘the sense of an ending’, and stands for narrative knowledge and enlightenment. It can carry – within a relatively circumscribed moment – the signature of an entire narrative. It is the part of a story that is emblematic of the whole and can thus act as the very token and sterling stamp of fiction, even though it exists in tales that are both imagined and real. In its most classic form, the recognition scene is clearly both a theme and a structuring device – what we learn from and through it – can bring closure to a narrative.Less
The recognition scene is a feature of narrative that has shown extraordinary resilience in literary history and transformative power in works of literature. The evidence lies in its robust survival and reinventions from antiquity to the present time. It thrives in most traditions of storytelling, and across all narrative media, from primitive oral folklore to the most sophisticated contemporary novels and films. In quality it ranges from the artistically sublime to rude cliche. The recognition scene has several key features: in its commonest form, it gives resolving shape to the plot of a story, very often providing ‘the sense of an ending’, and stands for narrative knowledge and enlightenment. It can carry – within a relatively circumscribed moment – the signature of an entire narrative. It is the part of a story that is emblematic of the whole and can thus act as the very token and sterling stamp of fiction, even though it exists in tales that are both imagined and real. In its most classic form, the recognition scene is clearly both a theme and a structuring device – what we learn from and through it – can bring closure to a narrative.
Kate Schick
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748639847
- eISBN:
- 9780748676675
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748639847.001.0001
- Subject:
- Political Science, Political Theory
Gillian Rose draws on idiosyncratic readings of thinkers such as Hegel, Adorno and Kierkegaard to underpin her philosophy, negotiating the ‘broken middle’ between particular and universal. While of ...
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Gillian Rose draws on idiosyncratic readings of thinkers such as Hegel, Adorno and Kierkegaard to underpin her philosophy, negotiating the ‘broken middle’ between particular and universal. While of the left, she is sharply critical of much left-wing thought, insisting that it shirks the work of coming to know and of taking political risk in pursuit of a ‘good enough justice’.In this book Kate Schick presents the core themes of Rose's work and locates her ideas within central debates in contemporary social theory (trauma, memory and mourning; exclusion and difference; tragedy and messianic utopia), engaging with the works of Benjamin, Honig, Žižek and Butler. She shows how Rose's speculative perspective brings a different gaze to bear on debates, eschewing well-worn liberal, critical theoretic and post-structural positions. Her difficult project advocates a rehabilitation of reason and critique with Hegelian recognition at its core.Less
Gillian Rose draws on idiosyncratic readings of thinkers such as Hegel, Adorno and Kierkegaard to underpin her philosophy, negotiating the ‘broken middle’ between particular and universal. While of the left, she is sharply critical of much left-wing thought, insisting that it shirks the work of coming to know and of taking political risk in pursuit of a ‘good enough justice’.In this book Kate Schick presents the core themes of Rose's work and locates her ideas within central debates in contemporary social theory (trauma, memory and mourning; exclusion and difference; tragedy and messianic utopia), engaging with the works of Benjamin, Honig, Žižek and Butler. She shows how Rose's speculative perspective brings a different gaze to bear on debates, eschewing well-worn liberal, critical theoretic and post-structural positions. Her difficult project advocates a rehabilitation of reason and critique with Hegelian recognition at its core.
Alexej Ulbricht
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780748695393
- eISBN:
- 9781474408707
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748695393.001.0001
- Subject:
- Political Science, Political Theory
Multiculturalism has recently been declared dead; at the same time, the value of diversity is still emphasised. How can we explain this? This book sets out to completely reassess liberal theories of ...
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Multiculturalism has recently been declared dead; at the same time, the value of diversity is still emphasised. How can we explain this? This book sets out to completely reassess liberal theories of multiculturalism, and argues that the ‘backlash’ is actually the strengthening of tendencies already present in liberal multiculturalism. Using the theories of Roberto Esposito, it argues that liberal multiculturalism is best understood as a series of immunitary processes. Some of these processes are analysed under the rubrics of rights, consensus, and recognition (as exemplified in the work of Kymlicka, Parekh, and Taylor respectively). The perspective of immunisation allows us to see that, rather than being concerned with preserving difference, liberal theories of multiculturalism are an attempt to strengthen liberalism through a partial incorporation of the Other that, while diversifying liberalism slightly, leaves it essentially unchanged. The book concludes by looking to what cultural coexistence beyond immunity might be like, engaging with ideas of rhythm in the process.Less
Multiculturalism has recently been declared dead; at the same time, the value of diversity is still emphasised. How can we explain this? This book sets out to completely reassess liberal theories of multiculturalism, and argues that the ‘backlash’ is actually the strengthening of tendencies already present in liberal multiculturalism. Using the theories of Roberto Esposito, it argues that liberal multiculturalism is best understood as a series of immunitary processes. Some of these processes are analysed under the rubrics of rights, consensus, and recognition (as exemplified in the work of Kymlicka, Parekh, and Taylor respectively). The perspective of immunisation allows us to see that, rather than being concerned with preserving difference, liberal theories of multiculturalism are an attempt to strengthen liberalism through a partial incorporation of the Other that, while diversifying liberalism slightly, leaves it essentially unchanged. The book concludes by looking to what cultural coexistence beyond immunity might be like, engaging with ideas of rhythm in the process.
Kate Schick
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780748639847
- eISBN:
- 9780748676675
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748639847.003.0007
- Subject:
- Political Science, Political Theory
This chapter concludes the book by arguing that Rose seeks to rehabilitate reason and critique and illustrates this difficult project with reference to Paul Klee's angels: Angelus Novus and Angelus ...
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This chapter concludes the book by arguing that Rose seeks to rehabilitate reason and critique and illustrates this difficult project with reference to Paul Klee's angels: Angelus Novus and Angelus Dubiosus. She maintains that both the ‘enlightened reason’ of liberalism and the abandonment of reason by postmodernism refuse to do the difficult work of the middle and so, in their different ways, abandon critique. For Rose, critique is underpinned by a fuller conception of reason with recognition at its core. It is emphatically against ignorance and works instead towards recognition of ourselves, others, and our location in social and political institutions. It interrogates the silences and masks of abstract liberal equality and it remains with the brokenness of the present, rather than positing a messianic ‘new righteousness’ that would mend actuality. In short, it insists on the pursuit of a ‘good enough justice’ in the here and now.Less
This chapter concludes the book by arguing that Rose seeks to rehabilitate reason and critique and illustrates this difficult project with reference to Paul Klee's angels: Angelus Novus and Angelus Dubiosus. She maintains that both the ‘enlightened reason’ of liberalism and the abandonment of reason by postmodernism refuse to do the difficult work of the middle and so, in their different ways, abandon critique. For Rose, critique is underpinned by a fuller conception of reason with recognition at its core. It is emphatically against ignorance and works instead towards recognition of ourselves, others, and our location in social and political institutions. It interrogates the silences and masks of abstract liberal equality and it remains with the brokenness of the present, rather than positing a messianic ‘new righteousness’ that would mend actuality. In short, it insists on the pursuit of a ‘good enough justice’ in the here and now.
Gary Westfahl
- Published in print:
- 2013
- Published Online:
- April 2017
- ISBN:
- 9780252037801
- eISBN:
- 9780252095085
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037801.001.0001
- Subject:
- Literature, 20th-century and Contemporary Literature
The leading figure in the development of cyberpunk, William Gibson (born in 1948) crafted works in which isolated humans explored near-future worlds of ubiquitous and intrusive computer technology ...
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The leading figure in the development of cyberpunk, William Gibson (born in 1948) crafted works in which isolated humans explored near-future worlds of ubiquitous and intrusive computer technology and cybernetics. This volume is the first comprehensive examination of the award-winning author of the seminal novel Neuromancer (and the other books in the Sprawl trilogy, Count Zero and Mona Lisa Overdrive), as well as other acclaimed novels including recent bestsellers Pattern Recognition, Spook Country, and Zero History. This book draws upon extensive research to provide a compelling account of Gibson's writing career and his lasting influence in the science fiction world. Delving into numerous science fiction fanzines that the young Gibson contributed to and edited, the book describes for the first time more than eighty virtually unknown Gibson publications from his early years, including articles, reviews, poems, cartoons, letters, and a collaborative story. The book also documents the poems, articles, and introductions that Gibson has written for various books, and its discussions are enriched by illuminating comments from various print and online interviews. The works that made Gibson famous are also featured, as the book provides extended analyses of Gibson's ten novels and nineteen short stories. Lastly, the book presents a new interview with Gibson in which the author discusses his correspondence with author Fritz Leiber, his relationship with the late scholar Susan Wood, his attitudes toward critics, his overall impact on the field of science fiction, and his recently completed screenplay and forthcoming novel.Less
The leading figure in the development of cyberpunk, William Gibson (born in 1948) crafted works in which isolated humans explored near-future worlds of ubiquitous and intrusive computer technology and cybernetics. This volume is the first comprehensive examination of the award-winning author of the seminal novel Neuromancer (and the other books in the Sprawl trilogy, Count Zero and Mona Lisa Overdrive), as well as other acclaimed novels including recent bestsellers Pattern Recognition, Spook Country, and Zero History. This book draws upon extensive research to provide a compelling account of Gibson's writing career and his lasting influence in the science fiction world. Delving into numerous science fiction fanzines that the young Gibson contributed to and edited, the book describes for the first time more than eighty virtually unknown Gibson publications from his early years, including articles, reviews, poems, cartoons, letters, and a collaborative story. The book also documents the poems, articles, and introductions that Gibson has written for various books, and its discussions are enriched by illuminating comments from various print and online interviews. The works that made Gibson famous are also featured, as the book provides extended analyses of Gibson's ten novels and nineteen short stories. Lastly, the book presents a new interview with Gibson in which the author discusses his correspondence with author Fritz Leiber, his relationship with the late scholar Susan Wood, his attitudes toward critics, his overall impact on the field of science fiction, and his recently completed screenplay and forthcoming novel.
Matthew H. Kramer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546138
- eISBN:
- 9780191705434
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546138.003.0005
- Subject:
- Law, Philosophy of Law
This chapter expounds the idea of a Rule of Recognition (that is, a basic set of law-ascertaining criteria) in every legal system. It then parries Kenneth Himma's criticisms of Inclusive Legal ...
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This chapter expounds the idea of a Rule of Recognition (that is, a basic set of law-ascertaining criteria) in every legal system. It then parries Kenneth Himma's criticisms of Inclusive Legal Positivism and Incorporationism. In so doing, the chapter expands on Chapter 2's explanation of how moral principles can enter into the law of a legal system whose officials are mistaken in many of their concrete moral judgments.Less
This chapter expounds the idea of a Rule of Recognition (that is, a basic set of law-ascertaining criteria) in every legal system. It then parries Kenneth Himma's criticisms of Inclusive Legal Positivism and Incorporationism. In so doing, the chapter expands on Chapter 2's explanation of how moral principles can enter into the law of a legal system whose officials are mistaken in many of their concrete moral judgments.
Kelly A. Gates
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814732090
- eISBN:
- 9780814733035
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814732090.001.0001
- Subject:
- Society and Culture, Media Studies
Since the 1960s, a significant effort has been underway to program computers to “see” the human face—to develop automated systems for identifying faces and distinguishing them from one ...
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Since the 1960s, a significant effort has been underway to program computers to “see” the human face—to develop automated systems for identifying faces and distinguishing them from one another—commonly known as Facial Recognition Technology (FRT). While computer scientists are developing FRT in order to design more intelligent and interactive machines, businesses and states agencies view the technology as uniquely suited for “smart” surveillance—systems that automate the labor of monitoring in order to increase their efficacy and spread their reach. Tracking this technological pursuit, this book identifies FRT as a prime example of the failed technocratic approach to governance, where new technologies are pursued as shortsighted solutions to complex social problems. Culling news stories, press releases, policy statements, PR kits and other materials, the book provides evidence that, instead of providing more security for more people, the pursuit of FRT is being driven by the priorities of corporations, law enforcement and state security agencies, all convinced of the technology's necessity and unhindered by its complicated and potentially destructive social consequences. By focusing on the politics of developing and deploying these technologies, the book argues not for the inevitability of a particular technological future, but for its profound contingency and contestability.Less
Since the 1960s, a significant effort has been underway to program computers to “see” the human face—to develop automated systems for identifying faces and distinguishing them from one another—commonly known as Facial Recognition Technology (FRT). While computer scientists are developing FRT in order to design more intelligent and interactive machines, businesses and states agencies view the technology as uniquely suited for “smart” surveillance—systems that automate the labor of monitoring in order to increase their efficacy and spread their reach. Tracking this technological pursuit, this book identifies FRT as a prime example of the failed technocratic approach to governance, where new technologies are pursued as shortsighted solutions to complex social problems. Culling news stories, press releases, policy statements, PR kits and other materials, the book provides evidence that, instead of providing more security for more people, the pursuit of FRT is being driven by the priorities of corporations, law enforcement and state security agencies, all convinced of the technology's necessity and unhindered by its complicated and potentially destructive social consequences. By focusing on the politics of developing and deploying these technologies, the book argues not for the inevitability of a particular technological future, but for its profound contingency and contestability.
Kenneth McK Norrie
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861193
- eISBN:
- 9781474406246
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861193.003.0020
- Subject:
- Law, Family Law
Analyses the details of the Gender Recognition Bill and its Parliamentary process.
Analyses the details of the Gender Recognition Bill and its Parliamentary process.
Cillian McBride
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719097201
- eISBN:
- 9781526103994
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719097201.003.0014
- Subject:
- Political Science, International Relations and Politics
This chapter defends the ongoing value of toleration for the construction of a shared future for a divided society like Northern Ireland. The device of toleration as a tool for coping with social ...
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This chapter defends the ongoing value of toleration for the construction of a shared future for a divided society like Northern Ireland. The device of toleration as a tool for coping with social diversity has been challenged on the grounds that it embodies undesirably negative attitudes to minority practices and inequalities of social and political power. It is argued, however, that the proposed alternative, typically characterized as a form of positive recognition, fails to come to terms with the complex nature of struggles for recognition within a society like Northern Ireland. The demand for some forms of cultural recognition pose a direct challenge to equality on the one hand, while, on the other hand, the relationship between those who seek recognition and those who claim the authority to grant recognition also reflects an underlying inequality. Following a brief exploration of the sorts of recognition struggles evident within Northern Ireland, a model of equal respect, grounding both toleration and civility, is defended as the most desirable and realistic basis for a shared future for citizens of divided societies.Less
This chapter defends the ongoing value of toleration for the construction of a shared future for a divided society like Northern Ireland. The device of toleration as a tool for coping with social diversity has been challenged on the grounds that it embodies undesirably negative attitudes to minority practices and inequalities of social and political power. It is argued, however, that the proposed alternative, typically characterized as a form of positive recognition, fails to come to terms with the complex nature of struggles for recognition within a society like Northern Ireland. The demand for some forms of cultural recognition pose a direct challenge to equality on the one hand, while, on the other hand, the relationship between those who seek recognition and those who claim the authority to grant recognition also reflects an underlying inequality. Following a brief exploration of the sorts of recognition struggles evident within Northern Ireland, a model of equal respect, grounding both toleration and civility, is defended as the most desirable and realistic basis for a shared future for citizens of divided societies.
Iseult Honohan and Nathalie Rougier
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719097201
- eISBN:
- 9781526103994
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719097201.003.0015
- Subject:
- Political Science, International Relations and Politics
The conclusion draws out some comparisons and contrasts between the preceding chapters, and between the responses to the various challenges that have arisen in Ireland, North and South in order to ...
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The conclusion draws out some comparisons and contrasts between the preceding chapters, and between the responses to the various challenges that have arisen in Ireland, North and South in order to reflect whether or not there are lessons to be learnt in either jurisdiction from practices on the other side of the border. What are the limits of toleration in terms of practices, participation, and so forth? How comparable are the issues arising, and to what extent are similar or different frames of reference in operation in the two jurisdictions? The variety of approaches serves to demonstrate the complexity of the issues that arise, and militates against over-simplified responses, whether theoretical or practical. The chapter argues in conclusion for the importance of further cross-border comparison on these issues.Less
The conclusion draws out some comparisons and contrasts between the preceding chapters, and between the responses to the various challenges that have arisen in Ireland, North and South in order to reflect whether or not there are lessons to be learnt in either jurisdiction from practices on the other side of the border. What are the limits of toleration in terms of practices, participation, and so forth? How comparable are the issues arising, and to what extent are similar or different frames of reference in operation in the two jurisdictions? The variety of approaches serves to demonstrate the complexity of the issues that arise, and militates against over-simplified responses, whether theoretical or practical. The chapter argues in conclusion for the importance of further cross-border comparison on these issues.
MATTHEW H. KRAMER
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199264834
- eISBN:
- 9780191705229
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264834.003.0006
- Subject:
- Law, Philosophy of Law
This chapter responds to Ronald Dworkin’s numerous criticisms of H. L. A. Hart’s legal positivism. It first lengthily challenges Dworkin’s model of adjudication and law-ascertainment, and then repels ...
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This chapter responds to Ronald Dworkin’s numerous criticisms of H. L. A. Hart’s legal positivism. It first lengthily challenges Dworkin’s model of adjudication and law-ascertainment, and then repels his efforts to establish necessary connections between law and morality. His efforts, like those of Detmold (examined in Chapter 5), have run together the distinct dimensions of morality.Less
This chapter responds to Ronald Dworkin’s numerous criticisms of H. L. A. Hart’s legal positivism. It first lengthily challenges Dworkin’s model of adjudication and law-ascertainment, and then repels his efforts to establish necessary connections between law and morality. His efforts, like those of Detmold (examined in Chapter 5), have run together the distinct dimensions of morality.
Alexandra Cox
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9781847428462
- eISBN:
- 9781447307259
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847428462.003.0012
- Subject:
- Social Work, Children and Families
This chapter is concerned with the construction and expression of responsibility by and for young offenders. It examines some of the ways in which the expression of responsibility is demanded of ...
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This chapter is concerned with the construction and expression of responsibility by and for young offenders. It examines some of the ways in which the expression of responsibility is demanded of young people within youth justice systems, and then how young people respond to these demands. The data reveals that young people involved in the youth justice system have a strong desire for having their expression of responsibility beyond their criminal case recognized and made visible— especially as it relates to their social and familial relationships and as it is grounded in their social context.Less
This chapter is concerned with the construction and expression of responsibility by and for young offenders. It examines some of the ways in which the expression of responsibility is demanded of young people within youth justice systems, and then how young people respond to these demands. The data reveals that young people involved in the youth justice system have a strong desire for having their expression of responsibility beyond their criminal case recognized and made visible— especially as it relates to their social and familial relationships and as it is grounded in their social context.
James Simpson
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9781526129154
- eISBN:
- 9781526141996
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781526129154.003.0015
- Subject:
- Literature, Early and Medieval Literature
James Simpson’s central hermeneutic perception for knowledge in the Humanities is that cognition is re-cognition. Before we can know, we must already have known. He examines this paradox with ...
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James Simpson’s central hermeneutic perception for knowledge in the Humanities is that cognition is re-cognition. Before we can know, we must already have known. He examines this paradox with reference to literary examples of facial recognition from, in particular, Chaucer and his reception in the early modern period. Linking literary face to textual face – the whole text as a kind of face – he applies the lessons learnt from facial recognition to textual recognition; and answers some possible objections to the paradox of knowing being dependent on having already known.Less
James Simpson’s central hermeneutic perception for knowledge in the Humanities is that cognition is re-cognition. Before we can know, we must already have known. He examines this paradox with reference to literary examples of facial recognition from, in particular, Chaucer and his reception in the early modern period. Linking literary face to textual face – the whole text as a kind of face – he applies the lessons learnt from facial recognition to textual recognition; and answers some possible objections to the paradox of knowing being dependent on having already known.
Paul Gilbert
- Published in print:
- 2010
- Published Online:
- September 2012
- ISBN:
- 9780748623877
- eISBN:
- 9780748671991
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748623877.003.0001
- Subject:
- Political Science, Political Theory
This introductory chapter examines the politics of cultural identity groups, that is, groups of people sharing a common culture which is taken to confer on them a collective identity that deserves ...
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This introductory chapter examines the politics of cultural identity groups, that is, groups of people sharing a common culture which is taken to confer on them a collective identity that deserves political recognition, for example a national identity. The chapter summarises the theoretical support for such recognition claims that has recently been provided by communitarians like Charles Taylor and liberals like Will Kymlicka, and shows how others have opposed this politics of identity. It indicates how the present book will join this opposition.Less
This introductory chapter examines the politics of cultural identity groups, that is, groups of people sharing a common culture which is taken to confer on them a collective identity that deserves political recognition, for example a national identity. The chapter summarises the theoretical support for such recognition claims that has recently been provided by communitarians like Charles Taylor and liberals like Will Kymlicka, and shows how others have opposed this politics of identity. It indicates how the present book will join this opposition.
Paul Gilbert
- Published in print:
- 2010
- Published Online:
- September 2012
- ISBN:
- 9780748623877
- eISBN:
- 9780748671991
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748623877.003.0003
- Subject:
- Political Science, Political Theory
The chapter starts by setting out Herder's two tenets: that cultures are objectively distinguishable, so that self identification is based on recognition of cultural distinctiveness, rather than vice ...
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The chapter starts by setting out Herder's two tenets: that cultures are objectively distinguishable, so that self identification is based on recognition of cultural distinctiveness, rather than vice versa; and that cultural identities involve shared features of individual psychology, as in national characters. Three conceptions of such supposedly deep identities are sketched: an agentive one spelt out in terms of factors motivating action; a perspectival, in terms of views of the world; and a narrative, in terms of continuity of life story. These correlate with accounts of culture as characterised by shared values, a common language and a shared history respectively. But, it is argued, no such cultural features need be deep going aspects of individual psychology, and which are appealed to depends upon which best delimit the group for which political claims are made.Less
The chapter starts by setting out Herder's two tenets: that cultures are objectively distinguishable, so that self identification is based on recognition of cultural distinctiveness, rather than vice versa; and that cultural identities involve shared features of individual psychology, as in national characters. Three conceptions of such supposedly deep identities are sketched: an agentive one spelt out in terms of factors motivating action; a perspectival, in terms of views of the world; and a narrative, in terms of continuity of life story. These correlate with accounts of culture as characterised by shared values, a common language and a shared history respectively. But, it is argued, no such cultural features need be deep going aspects of individual psychology, and which are appealed to depends upon which best delimit the group for which political claims are made.
Hayk Kupelyants
- Published in print:
- 2018
- Published Online:
- July 2018
- ISBN:
- 9780198807230
- eISBN:
- 9780191844942
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198807230.001.0001
- Subject:
- Law, Company and Commercial Law
The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt ...
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The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.Less
The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt disputes. The book sets out parties’ litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The defining characteristic of the monograph is that it examines sovereign debt litigation through the prism of private law. The monograph clearly grounds its analysis in the law as it exists, rather than purely policy-oriented reasoning (albeit it keeps a critical eye on the reasoning of the courts). The monograph concentrates on diverse litigation tactics and arbitrage strategies available to bondholders and sovereign debtors that appear before the English courts. In most cases, private creditors may obtain summary judgments with relative ease. That said, often serious issues arise at the stages of assumption of jurisdiction, determination of the governing law of sovereign bonds or substantive resolution of the claims in English proceedings. Similarly, the enforcement of sovereign bonds against the assets of the sovereign often presents serious obstacles, most significantly the doctrine of State immunity. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the State and its assets in the post-judgment phase.
