Kohn Margaret and McBride Keally
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195399578
- eISBN:
- 9780199894437
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195399578.003.0005
- Subject:
- Political Science, Political Theory, Comparative Politics
This chapter focuses on law as one dimension of the problem of transition into the postcolonial regime. Martial law was frequently declared in the colonies, but it remained controversial since it ...
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This chapter focuses on law as one dimension of the problem of transition into the postcolonial regime. Martial law was frequently declared in the colonies, but it remained controversial since it seemed antithetical to image of colonialism as a civilizing mission that would bring the rule of law to barbaric places. Mill, Burke, and Tocqueville all debated martial law; while they were in broad agreement about the legitimacy of the colonial state, they disagreed about the extent of exceptional measures. Ngugi wa Thiong'o and Achille Mbembe, on the other hand, argue that the real issue is the state itself not the exception. For Ngugi, the State of Emergency in Kenya revealed the deeper logic of colonial governance. Their approach to the concept of the state of exception, with its attentiveness to the lawlessness at the heart of legality itself, illuminates the problem of founding a new state out of the violent vestiges of the old order.Less
This chapter focuses on law as one dimension of the problem of transition into the postcolonial regime. Martial law was frequently declared in the colonies, but it remained controversial since it seemed antithetical to image of colonialism as a civilizing mission that would bring the rule of law to barbaric places. Mill, Burke, and Tocqueville all debated martial law; while they were in broad agreement about the legitimacy of the colonial state, they disagreed about the extent of exceptional measures. Ngugi wa Thiong'o and Achille Mbembe, on the other hand, argue that the real issue is the state itself not the exception. For Ngugi, the State of Emergency in Kenya revealed the deeper logic of colonial governance. Their approach to the concept of the state of exception, with its attentiveness to the lawlessness at the heart of legality itself, illuminates the problem of founding a new state out of the violent vestiges of the old order.
Audronė Žukauskaitė
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199559213
- eISBN:
- 9780191594403
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559213.003.0004
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
The Lacanian philosopher Slavoj Žižek interprets Antigone as a figure driven by some pathological desire, being attached to the Other (Polyneices) without the mediation of symbolic rules and laws. In ...
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The Lacanian philosopher Slavoj Žižek interprets Antigone as a figure driven by some pathological desire, being attached to the Other (Polyneices) without the mediation of symbolic rules and laws. In this sense, Antigone's decision to bury her brother is seen as an authoritarian or even totalitarian act. On the other hand, the same gesture, which is seen as pathological, can also be interpreted as an ethical act par excellence: Antigone's transgression is an ethical act, which intervenes into social reality and changes the very coordinates of what is perceived to be possible. These coordinates, it is argued, can't be explained either in terms of kinship, or in terms of the unconscious. The very idea of transgression acquires meaning only in a more general framework of the analysis of power relationships. But what kind of power relationships could we have in mind and what is Antigone's position in it? The Chorus describes Antigone as ‘inhuman’ and it is necessary to decide how to interpret this ‘inhumanness’. Lacan points out that inhuman ‘literally means something uncivilized, something raw’. It is precisely this ‘raw flesh’, this ‘inhumanness’, on which the chapter's interpretation is focused. Two thinkers, Michel Foucault and Giorgio Agamben, are very important in order to reconsider this ‘rawness’ of Antigone not as an insignificant feature, but, probably, as the main conflict of the tragedy. This ‘rawness’ or biological life of man, which Foucault made the main object of his research, appears to be not the ‘natural condition’ of human life, but a result of power relations. Agamben develops Foucault's ideas further, establishing a clear connection between what he calls ‘bare life’ and modern state power. The question, asked in the chapter, is this: are these theories of sovereign power relevant in interpreting the Sophoclean play? Can it be presupposed that the limit, for which Antigone stands, is ‘the trace of an alternate legality that haunts the conscious, public sphere as its scandalous future’ and that comes into existence in modern times?Less
The Lacanian philosopher Slavoj Žižek interprets Antigone as a figure driven by some pathological desire, being attached to the Other (Polyneices) without the mediation of symbolic rules and laws. In this sense, Antigone's decision to bury her brother is seen as an authoritarian or even totalitarian act. On the other hand, the same gesture, which is seen as pathological, can also be interpreted as an ethical act par excellence: Antigone's transgression is an ethical act, which intervenes into social reality and changes the very coordinates of what is perceived to be possible. These coordinates, it is argued, can't be explained either in terms of kinship, or in terms of the unconscious. The very idea of transgression acquires meaning only in a more general framework of the analysis of power relationships. But what kind of power relationships could we have in mind and what is Antigone's position in it? The Chorus describes Antigone as ‘inhuman’ and it is necessary to decide how to interpret this ‘inhumanness’. Lacan points out that inhuman ‘literally means something uncivilized, something raw’. It is precisely this ‘raw flesh’, this ‘inhumanness’, on which the chapter's interpretation is focused. Two thinkers, Michel Foucault and Giorgio Agamben, are very important in order to reconsider this ‘rawness’ of Antigone not as an insignificant feature, but, probably, as the main conflict of the tragedy. This ‘rawness’ or biological life of man, which Foucault made the main object of his research, appears to be not the ‘natural condition’ of human life, but a result of power relations. Agamben develops Foucault's ideas further, establishing a clear connection between what he calls ‘bare life’ and modern state power. The question, asked in the chapter, is this: are these theories of sovereign power relevant in interpreting the Sophoclean play? Can it be presupposed that the limit, for which Antigone stands, is ‘the trace of an alternate legality that haunts the conscious, public sphere as its scandalous future’ and that comes into existence in modern times?
Mark Neocleous
- Published in print:
- 2008
- Published Online:
- September 2012
- ISBN:
- 9780748633289
- eISBN:
- 9780748671984
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748633289.003.0003
- Subject:
- Political Science, International Relations and Politics
Building on the discussion of prerogative in the previous chapter, Chapter 2 offers a critique of the political discourse of ‘exception’. The chapter argues that the way to understand the politics of ...
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Building on the discussion of prerogative in the previous chapter, Chapter 2 offers a critique of the political discourse of ‘exception’. The chapter argues that the way to understand the politics of security is less through the ‘state of exception’ and much more through the logic of emergency powers. The chapter shows that emergency powers have seeped into law and become normalized. This has underpinned and reinforced the logic of security.Less
Building on the discussion of prerogative in the previous chapter, Chapter 2 offers a critique of the political discourse of ‘exception’. The chapter argues that the way to understand the politics of security is less through the ‘state of exception’ and much more through the logic of emergency powers. The chapter shows that emergency powers have seeped into law and become normalized. This has underpinned and reinforced the logic of security.
S. E. Wilmer
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199559213
- eISBN:
- 9780191594403
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559213.003.0022
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of ...
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This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of homo sacer, and then applies this analogy in a more detailed discussion of Seamus Heaney's version of The Burial at Thebes at the Abbey Theatre in Dublin in 2004. Heaney's version was inspired by President Bush's ‘war on terror’ and the detention and ‘rendition’ of suspected terrorists in prisons beyond legal redress. The language deployed in the play echoed statements made by President Bush and evoked his administration's unwarranted invasion of Iraq and torture of prisoners. By comparing recent versions of Antigone that represent her as homo sacer, subjected to a liminal state between life and death, the chapter demonstrates how the ‘state of exception’ theorized by Georgio Agamben has become normalized in the twenty‐first century. It draws parallels between the ‘exceptional’ actions of governments such as the Bush administration and the Argentinian dictatorship, making up the laws as they go along, removing people from their homes and environment, and incarcerating or disposing of them outside the polis, outside the reach of their friends and families. Moreover, it shows that Western governments are taking advantage of the ‘war on terror’ to develop new methods of social control (such as increased security measures by the US Department of Homeland Security and other agencies, including more intensive customs inspections, omnipresent CCTV cameras, heightened threat alerts, etc.) that deprive citizens of their civil rights. By applying Agamben's notions of ‘homo sacer’ and ‘state of exception’ to these adaptations, as well as Slavoj Žižek's and Judith Butler's comments on recent political developments, it demonstrates the claim that Antigone makes on behalf of the disenfranchised of the world.Less
This chapter examines some productions in the late twentieth century (Fugard's The Island, Gambaro's Antígona Furiosa, and Glowacki's Antigone in New York) that have employed Antigone as a kind of homo sacer, and then applies this analogy in a more detailed discussion of Seamus Heaney's version of The Burial at Thebes at the Abbey Theatre in Dublin in 2004. Heaney's version was inspired by President Bush's ‘war on terror’ and the detention and ‘rendition’ of suspected terrorists in prisons beyond legal redress. The language deployed in the play echoed statements made by President Bush and evoked his administration's unwarranted invasion of Iraq and torture of prisoners. By comparing recent versions of Antigone that represent her as homo sacer, subjected to a liminal state between life and death, the chapter demonstrates how the ‘state of exception’ theorized by Georgio Agamben has become normalized in the twenty‐first century. It draws parallels between the ‘exceptional’ actions of governments such as the Bush administration and the Argentinian dictatorship, making up the laws as they go along, removing people from their homes and environment, and incarcerating or disposing of them outside the polis, outside the reach of their friends and families. Moreover, it shows that Western governments are taking advantage of the ‘war on terror’ to develop new methods of social control (such as increased security measures by the US Department of Homeland Security and other agencies, including more intensive customs inspections, omnipresent CCTV cameras, heightened threat alerts, etc.) that deprive citizens of their civil rights. By applying Agamben's notions of ‘homo sacer’ and ‘state of exception’ to these adaptations, as well as Slavoj Žižek's and Judith Butler's comments on recent political developments, it demonstrates the claim that Antigone makes on behalf of the disenfranchised of the world.
Nicole A. Waligora-Davis
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195369915
- eISBN:
- 9780199893379
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369915.003.0003
- Subject:
- Literature, African-American Literature
Reading Herman Melville’s “Benito Cereno” alongside American slave law, Dred Scott v. Sandford, The State of Missouri v. Celia, and the Civil Rights Cases (1883), this chapter addresses the ...
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Reading Herman Melville’s “Benito Cereno” alongside American slave law, Dred Scott v. Sandford, The State of Missouri v. Celia, and the Civil Rights Cases (1883), this chapter addresses the substantive social and legal implications of legal recognition for black Americans. Engaging Hannnah Arendt, Giorgio Agamben, and Gerald Neuman, this chapter offers a detailed account of the concept of sanctuary and the anomic legal status of black Americans, and demonstrates how the denial of legal subjectivity and political recognition rendered blacks excessive to the law and vulnerable to assault. Slavery survives within the constitutive makeup of American legal and political culture as the interface through which rights became contingent on political membership and on the acknowledgement of an individual’s legal personality. “Benito Cereno” provides both a rubric for reading the relation of the law to the black body that continues to inform our legal culture, and insight into the way in which race simultaneously informed U.S. empire and home. Focusing specifically on Haiti, and the implications of her revolution for both U.S. race relations and imperial ambitions during the 19th century, this chapter opens up the question of legal recognition from a study of individuals to relations among nation-state powers.Less
Reading Herman Melville’s “Benito Cereno” alongside American slave law, Dred Scott v. Sandford, The State of Missouri v. Celia, and the Civil Rights Cases (1883), this chapter addresses the substantive social and legal implications of legal recognition for black Americans. Engaging Hannnah Arendt, Giorgio Agamben, and Gerald Neuman, this chapter offers a detailed account of the concept of sanctuary and the anomic legal status of black Americans, and demonstrates how the denial of legal subjectivity and political recognition rendered blacks excessive to the law and vulnerable to assault. Slavery survives within the constitutive makeup of American legal and political culture as the interface through which rights became contingent on political membership and on the acknowledgement of an individual’s legal personality. “Benito Cereno” provides both a rubric for reading the relation of the law to the black body that continues to inform our legal culture, and insight into the way in which race simultaneously informed U.S. empire and home. Focusing specifically on Haiti, and the implications of her revolution for both U.S. race relations and imperial ambitions during the 19th century, this chapter opens up the question of legal recognition from a study of individuals to relations among nation-state powers.
Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.003.0011
- Subject:
- Law, Criminal Law and Criminology
This chapter argues that the substantive law that protects the right to security has the character of emergency power that takes a normalized form. It critiques the theory of the normalization of the ...
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This chapter argues that the substantive law that protects the right to security has the character of emergency power that takes a normalized form. It critiques the theory of the normalization of the state of exception, arguing that this experience offers compelling evidence that the sovereignty of the state has decayed significantly in the UK, so that the criminal law's threats are premised on their own inadequacy. It also identifies the historical precondition of this paradoxical state of affairs in the decay of representative politics — a decay that is an aspect of the political experience already discussed in Chapter 5. This theory is contrasted with Garland's apparently similar ‘myth of the sovereign state’ thesis, arguing that the problem of the expansion of penal control is the result of the actual decline of sovereign authority rather than of the political pursuit of its myth, as proposed by Garland.Less
This chapter argues that the substantive law that protects the right to security has the character of emergency power that takes a normalized form. It critiques the theory of the normalization of the state of exception, arguing that this experience offers compelling evidence that the sovereignty of the state has decayed significantly in the UK, so that the criminal law's threats are premised on their own inadequacy. It also identifies the historical precondition of this paradoxical state of affairs in the decay of representative politics — a decay that is an aspect of the political experience already discussed in Chapter 5. This theory is contrasted with Garland's apparently similar ‘myth of the sovereign state’ thesis, arguing that the problem of the expansion of penal control is the result of the actual decline of sovereign authority rather than of the political pursuit of its myth, as proposed by Garland.
Donald E. Pease
- Published in print:
- 2010
- Published Online:
- February 2013
- ISBN:
- 9780226185064
- eISBN:
- 9780226185088
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226185088.003.0002
- Subject:
- Literature, Criticism/Theory
American studies supplied an interdisciplinary methodology for studying the literature, history, politics, and territorial geography of the United States. The discourse of American exceptionalism ...
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American studies supplied an interdisciplinary methodology for studying the literature, history, politics, and territorial geography of the United States. The discourse of American exceptionalism monitored how American culture was studied, and it regulated these processes of translatability. This chapter opens up with a brief critical genealogy of American exceptionalism. The problems that confront any effort to construct a field of American studies after U.S. exceptionalism lead to a consideration of the arguments of Daniel Rodgers, who is perhaps the most convincing advocate of postexceptionalist American studies. American exceptionalism, however, has constituted a discursive relationship to the exceptions that the U.S. imperial state instituted throughout its history of struggles with other imperial state formations over the control of geopolitical order. One of the challenging areas of inquiry that this new field of American studies would be positioned to address pertains to the ways in which Bush's State of Exception would disallow the formation of any competing form of imperial state exceptionalism.Less
American studies supplied an interdisciplinary methodology for studying the literature, history, politics, and territorial geography of the United States. The discourse of American exceptionalism monitored how American culture was studied, and it regulated these processes of translatability. This chapter opens up with a brief critical genealogy of American exceptionalism. The problems that confront any effort to construct a field of American studies after U.S. exceptionalism lead to a consideration of the arguments of Daniel Rodgers, who is perhaps the most convincing advocate of postexceptionalist American studies. American exceptionalism, however, has constituted a discursive relationship to the exceptions that the U.S. imperial state instituted throughout its history of struggles with other imperial state formations over the control of geopolitical order. One of the challenging areas of inquiry that this new field of American studies would be positioned to address pertains to the ways in which Bush's State of Exception would disallow the formation of any competing form of imperial state exceptionalism.
María Florencia Nelli
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199559213
- eISBN:
- 9780191594403
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199559213.003.0020
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
Griselda Gambaro's play Antígona Furiosa was written and staged after Gambaro's exile as a consequence of Argentina's so‐called ‘Dirty War’ in the mid‐1970s. This chapter discusses Gambaro's play, ...
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Griselda Gambaro's play Antígona Furiosa was written and staged after Gambaro's exile as a consequence of Argentina's so‐called ‘Dirty War’ in the mid‐1970s. This chapter discusses Gambaro's play, taking into account some of Giorgio Agamben's thoughts in Homo Sacer: Sovereign Power and Bare Life (1998) and The State of Exception (2005). Concepts such as ‘state of exception’, ‘inclusion of the exclusion’, ‘threshold’, and ‘living dead man’, as well as the figure of the camp are approached, illustrated, and fully explored by Antígona Furiosa in so far as they are at the heart of the structure of all major modern totalitarian states, of which the Argentinean ‘Proceso’ with its thousands of desaparecidos is just a new example. This chapter seeks to examine those notions not only as they are represented in the script of the play but essentially as they are reflected in the design of the performance space.Less
Griselda Gambaro's play Antígona Furiosa was written and staged after Gambaro's exile as a consequence of Argentina's so‐called ‘Dirty War’ in the mid‐1970s. This chapter discusses Gambaro's play, taking into account some of Giorgio Agamben's thoughts in Homo Sacer: Sovereign Power and Bare Life (1998) and The State of Exception (2005). Concepts such as ‘state of exception’, ‘inclusion of the exclusion’, ‘threshold’, and ‘living dead man’, as well as the figure of the camp are approached, illustrated, and fully explored by Antígona Furiosa in so far as they are at the heart of the structure of all major modern totalitarian states, of which the Argentinean ‘Proceso’ with its thousands of desaparecidos is just a new example. This chapter seeks to examine those notions not only as they are represented in the script of the play but essentially as they are reflected in the design of the performance space.
Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the ...
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This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the liabilities found in much of the expansive criminal legislation enacted under that government. This book identifies the normative source of the right to security in the idea of vulnerable autonomy. It demonstrates that this idea is axiomatic to political theories that have enjoyed a preponderant influence across the political mainstream, well beyond the ranks of the Labour government. It considers the continuing influence of these normative commitments on the Coalition government's policy. The book explores how the contemporary criminal law's institutionalization of a right to security differs from the law's earlier protection of security interests. It exposes the paradox presented by laws that declare their own lack of authority by threatening punishments that are justified on the assumption that the normal condition of the representative subject of law is one of feeling vulnerable to criminal victimization. The book presents unorthodox criminal law theory in two respects. First, it offers an explanatory political sociology of a contemporary trend in the criminal law's ‘special part’ rather than a philosophical treatment of the law's general principles. Second, rather than applying a pre-existing sociological or philosophical theory to the law, it develops its theoretical explanation from a detailed legal analysis and reconstruction of New Labour's flagship criminal justice policy, the Anti-Social Behaviour Order.Less
This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the liabilities found in much of the expansive criminal legislation enacted under that government. This book identifies the normative source of the right to security in the idea of vulnerable autonomy. It demonstrates that this idea is axiomatic to political theories that have enjoyed a preponderant influence across the political mainstream, well beyond the ranks of the Labour government. It considers the continuing influence of these normative commitments on the Coalition government's policy. The book explores how the contemporary criminal law's institutionalization of a right to security differs from the law's earlier protection of security interests. It exposes the paradox presented by laws that declare their own lack of authority by threatening punishments that are justified on the assumption that the normal condition of the representative subject of law is one of feeling vulnerable to criminal victimization. The book presents unorthodox criminal law theory in two respects. First, it offers an explanatory political sociology of a contemporary trend in the criminal law's ‘special part’ rather than a philosophical treatment of the law's general principles. Second, rather than applying a pre-existing sociological or philosophical theory to the law, it develops its theoretical explanation from a detailed legal analysis and reconstruction of New Labour's flagship criminal justice policy, the Anti-Social Behaviour Order.
Marc de Wilde
- Published in print:
- 2006
- Published Online:
- March 2011
- ISBN:
- 9780823226443
- eISBN:
- 9780823237043
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823226443.003.0008
- Subject:
- Religion, World Religions
This chapter explores the status of theologico-political motifs in the work of Walter Benjamin and Carl Schmitt. In their work, the concept of political theology stands ...
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This chapter explores the status of theologico-political motifs in the work of Walter Benjamin and Carl Schmitt. In their work, the concept of political theology stands neither for an explicitly theological discourse in politics nor for some kind of hidden theological agenda. Rather, it marks the continuous resurfacing of theological figures of thought in what seems an otherwise relentlessly secularized world. The theological, in their view, resurfaces not only in fundamental political beliefs, ideologies, and myths but also, more obliquely, in theories of sovereignty, in theories and practices demonstrating the force of law, and, last but not least, in the state of exception. This chapter includes a close reading of Benjamin's 1921 chapter “Critique of Violence” and Schmitt's 1922 study “Political Theology”. Although it is uncertain whether Schmitt was familiar with Benjamin's chapter, for both the concept of political theology implies the task of inventing or reinventing a politics that bears witness to divine violence, albeit without being able to understand itself as a direct representation of that violence.Less
This chapter explores the status of theologico-political motifs in the work of Walter Benjamin and Carl Schmitt. In their work, the concept of political theology stands neither for an explicitly theological discourse in politics nor for some kind of hidden theological agenda. Rather, it marks the continuous resurfacing of theological figures of thought in what seems an otherwise relentlessly secularized world. The theological, in their view, resurfaces not only in fundamental political beliefs, ideologies, and myths but also, more obliquely, in theories of sovereignty, in theories and practices demonstrating the force of law, and, last but not least, in the state of exception. This chapter includes a close reading of Benjamin's 1921 chapter “Critique of Violence” and Schmitt's 1922 study “Political Theology”. Although it is uncertain whether Schmitt was familiar with Benjamin's chapter, for both the concept of political theology implies the task of inventing or reinventing a politics that bears witness to divine violence, albeit without being able to understand itself as a direct representation of that violence.
Maxwell A. Cameron
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199987443
- eISBN:
- 9780199346257
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199987443.003.0007
- Subject:
- Political Science, Political Theory
The chapter reviews the overall argument and makes six further claims. First, the expansion of the administrative state does not justify designating bureaucracy as a fourth power. Second, the ...
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The chapter reviews the overall argument and makes six further claims. First, the expansion of the administrative state does not justify designating bureaucracy as a fourth power. Second, the separation of powers is not unique to presidentialism because the separate election of legislative and executive bodies is less important than the ways in which the making and application of law are monopolized by separate branches of government. Third, the separation of powers is often violated in delegative democracies with the effect of weakening the rule of law. Fourth, such violations also occur in emergency situations in established democracies, but this does not diminish the importance of the separation of powers. Fifth, international anarchy can undermine the separation of powers in ways that also threaten state power. Sixth, the diffusion of new communication technologies both undermines monopolies of knowledge and contributes to the centralization of power fostered by globalization.Less
The chapter reviews the overall argument and makes six further claims. First, the expansion of the administrative state does not justify designating bureaucracy as a fourth power. Second, the separation of powers is not unique to presidentialism because the separate election of legislative and executive bodies is less important than the ways in which the making and application of law are monopolized by separate branches of government. Third, the separation of powers is often violated in delegative democracies with the effect of weakening the rule of law. Fourth, such violations also occur in emergency situations in established democracies, but this does not diminish the importance of the separation of powers. Fifth, international anarchy can undermine the separation of powers in ways that also threaten state power. Sixth, the diffusion of new communication technologies both undermines monopolies of knowledge and contributes to the centralization of power fostered by globalization.
Gary Shapiro
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780226394459
- eISBN:
- 9780226394596
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226394596.003.0003
- Subject:
- Philosophy, General
This chapter develops Nietzsche’s analysis of the modern state’s fragility, supposedly the telos of world-history. His observation that the state requires manufactured crises to claim legitimacy is ...
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This chapter develops Nietzsche’s analysis of the modern state’s fragility, supposedly the telos of world-history. His observation that the state requires manufactured crises to claim legitimacy is contextualized with reference to the German “state of exception.” The analysis is amplified by considering views of Carl Schmitt, Giorgio Agamben, and others on parallels between political and theological sovereignty. Given this skeptical take on state and world-history, the chapter turns to Nietzsche’s alternative concept of the earth (or human-earth). It focuses on the complementary perspectives of two paired texts, Thus Spoke Zarathustra and Beyond Good and Evil. The first calls for loyalty to the earth as the highest virtue, dramatizes what it could mean to live on the earth, and raises the question of “great events” in relation to the earth. Beyond is read in terms of its historical and political analysis of so-called “peoples and fatherlands.” Nietzsche dispels nationalist ideology, demonstrating that ethnicities and nation-states fail at the coherence and integrity assumed by “world-history.” Rather, he sees the human-earth as inhabited by increasingly nomadic populations and declares that this is the century of the multitude (Menge), a heterogeneous grouping that can be swayed by cultural media.Less
This chapter develops Nietzsche’s analysis of the modern state’s fragility, supposedly the telos of world-history. His observation that the state requires manufactured crises to claim legitimacy is contextualized with reference to the German “state of exception.” The analysis is amplified by considering views of Carl Schmitt, Giorgio Agamben, and others on parallels between political and theological sovereignty. Given this skeptical take on state and world-history, the chapter turns to Nietzsche’s alternative concept of the earth (or human-earth). It focuses on the complementary perspectives of two paired texts, Thus Spoke Zarathustra and Beyond Good and Evil. The first calls for loyalty to the earth as the highest virtue, dramatizes what it could mean to live on the earth, and raises the question of “great events” in relation to the earth. Beyond is read in terms of its historical and political analysis of so-called “peoples and fatherlands.” Nietzsche dispels nationalist ideology, demonstrating that ethnicities and nation-states fail at the coherence and integrity assumed by “world-history.” Rather, he sees the human-earth as inhabited by increasingly nomadic populations and declares that this is the century of the multitude (Menge), a heterogeneous grouping that can be swayed by cultural media.
Sara Cobb
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199826209
- eISBN:
- 9780199345335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199826209.003.0002
- Subject:
- Psychology, Social Psychology
This chapter is intended to situate the rest of the book with a discussion of the materiality of narrative and the complexity of narrating violence within conflicts as well as the conflict resolution ...
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This chapter is intended to situate the rest of the book with a discussion of the materiality of narrative and the complexity of narrating violence within conflicts as well as the conflict resolution process. Thus, this framework sets the stage for the rest of the book by grounding the discussion of narrative and conflict on the issues that complicate both the pragmatics and politics of narrative dynamics in conflict processes. Illustrative examples will include narratives from the conflict in Somalia as well as narratives from a conflict in the US over immigration.Less
This chapter is intended to situate the rest of the book with a discussion of the materiality of narrative and the complexity of narrating violence within conflicts as well as the conflict resolution process. Thus, this framework sets the stage for the rest of the book by grounding the discussion of narrative and conflict on the issues that complicate both the pragmatics and politics of narrative dynamics in conflict processes. Illustrative examples will include narratives from the conflict in Somalia as well as narratives from a conflict in the US over immigration.
Robert A. Yelle
- Published in print:
- 2018
- Published Online:
- September 2019
- ISBN:
- 9780226585451
- eISBN:
- 9780226585628
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226585628.003.0002
- Subject:
- Religion, Religion and Society
Chapter 1 begins with the analogy between Rudolf Otto’s much maligned account of the holy as “wholly other,” and Carl Schmitt’s idea that the sovereign is similarly sui generis, as demonstrated by ...
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Chapter 1 begins with the analogy between Rudolf Otto’s much maligned account of the holy as “wholly other,” and Carl Schmitt’s idea that the sovereign is similarly sui generis, as demonstrated by the power to suspend the legal order, a power formerly attributed to God. It then proceeds to trace the myth of founding violence that draws power from the antinomian nature of the holy while simultaneously quarantining this dangerous power into some remote past age, or to circumscribed moments in the festival calendar at which there occurs something like a return to primal chaos or unconstrained sovereignty.Less
Chapter 1 begins with the analogy between Rudolf Otto’s much maligned account of the holy as “wholly other,” and Carl Schmitt’s idea that the sovereign is similarly sui generis, as demonstrated by the power to suspend the legal order, a power formerly attributed to God. It then proceeds to trace the myth of founding violence that draws power from the antinomian nature of the holy while simultaneously quarantining this dangerous power into some remote past age, or to circumscribed moments in the festival calendar at which there occurs something like a return to primal chaos or unconstrained sovereignty.
Jinee Lokaneeta
- Published in print:
- 2011
- Published Online:
- March 2016
- ISBN:
- 9780814752791
- eISBN:
- 9780814765111
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814752791.003.0003
- Subject:
- Law, Public International Law
This chapter examines the U.S. legal discourse on torture in the period after 9/11 to determine whether policies on interrogation and torture constitute a “state of exception” or represent a ...
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This chapter examines the U.S. legal discourse on torture in the period after 9/11 to determine whether policies on interrogation and torture constitute a “state of exception” or represent a continuity in state policies. In particular, it considers whether the state-of-exception argument adequately captures the torture debate in the context of Guantánamo Bay (and by extension Abu Ghraib). It argues that a more useful framework for understanding the torture debate is to focus on the tension between law and violence in liberal democracies, rather than on the state-of-exception argument. To illustrate this tension, the chapter analyzes the Bybee/Yoo memo, one of the most controversial and significant moments of the torture debate both symbolically and conceptually. It also discusses the Supreme Court's response to the so-called exceptional policies introduced by the president in the post-9/11 period, along with its implications for the torture debate. Finally, it uses Michel Foucault's concept of juridico-medical complex to explore how medical professionals have been drawn into the state's attempt to accommodate excess violence.Less
This chapter examines the U.S. legal discourse on torture in the period after 9/11 to determine whether policies on interrogation and torture constitute a “state of exception” or represent a continuity in state policies. In particular, it considers whether the state-of-exception argument adequately captures the torture debate in the context of Guantánamo Bay (and by extension Abu Ghraib). It argues that a more useful framework for understanding the torture debate is to focus on the tension between law and violence in liberal democracies, rather than on the state-of-exception argument. To illustrate this tension, the chapter analyzes the Bybee/Yoo memo, one of the most controversial and significant moments of the torture debate both symbolically and conceptually. It also discusses the Supreme Court's response to the so-called exceptional policies introduced by the president in the post-9/11 period, along with its implications for the torture debate. Finally, it uses Michel Foucault's concept of juridico-medical complex to explore how medical professionals have been drawn into the state's attempt to accommodate excess violence.
Penelope Deutscher
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9780231176415
- eISBN:
- 9780231544559
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231176415.003.0005
- Subject:
- Philosophy, Feminist Philosophy
Considers the status of reproduction and abortion for the two leading proponents of the thanatopolitical interpretations of Foucauldian biopolitics: Italian philosophers Giorgio Agamben and Roberto ...
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Considers the status of reproduction and abortion for the two leading proponents of the thanatopolitical interpretations of Foucauldian biopolitics: Italian philosophers Giorgio Agamben and Roberto Esposito. Re-evaluates a number of feminist critiques of their work. Argues for a new understanding of abortion, by means not of an application of Esposito and Agamben, but through an ‘inversion’ of some of their resources. For example, the chapter argues for an understanding of politicized abortion in terms of an “inversion’ of a term extensively discussed by Agamben, the state of exception. Proposes this approach as an alternative to other means of feminist critique of these philosophers.Less
Considers the status of reproduction and abortion for the two leading proponents of the thanatopolitical interpretations of Foucauldian biopolitics: Italian philosophers Giorgio Agamben and Roberto Esposito. Re-evaluates a number of feminist critiques of their work. Argues for a new understanding of abortion, by means not of an application of Esposito and Agamben, but through an ‘inversion’ of some of their resources. For example, the chapter argues for an understanding of politicized abortion in terms of an “inversion’ of a term extensively discussed by Agamben, the state of exception. Proposes this approach as an alternative to other means of feminist critique of these philosophers.
N. Bruce Duthu
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199735860
- eISBN:
- 9780199344994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735860.003.0005
- Subject:
- Political Science, American Politics
The “peculiarization” of American Indians throughout large swaths of American history involved the recognition of social and cultural elements within tribal societies that served to justify, in the ...
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The “peculiarization” of American Indians throughout large swaths of American history involved the recognition of social and cultural elements within tribal societies that served to justify, in the minds of the dominant society, the marginalization and suppression of Indian tribes. This chapter examines how this strategy of peculiarization morphed from an ideological conceit into an instrumentality of law that became the underpinning for a radicalized plenary federal power that allowed the national government to empire at will over tribal nations and Indian people. In particular, the chapter considers how legal concepts like incorporation and dependency evolved over the years to inhibit, if not totally suppress, the formative ethos of legal pluralism. In the process, the chapter references the work of Giorgio Agamben and his notion of homo sacer through which he examines the exercise of exceptional sovereign power over an increasingly powerless subject.Less
The “peculiarization” of American Indians throughout large swaths of American history involved the recognition of social and cultural elements within tribal societies that served to justify, in the minds of the dominant society, the marginalization and suppression of Indian tribes. This chapter examines how this strategy of peculiarization morphed from an ideological conceit into an instrumentality of law that became the underpinning for a radicalized plenary federal power that allowed the national government to empire at will over tribal nations and Indian people. In particular, the chapter considers how legal concepts like incorporation and dependency evolved over the years to inhibit, if not totally suppress, the formative ethos of legal pluralism. In the process, the chapter references the work of Giorgio Agamben and his notion of homo sacer through which he examines the exercise of exceptional sovereign power over an increasingly powerless subject.
Robert P. Marzec
- Published in print:
- 2015
- Published Online:
- September 2016
- ISBN:
- 9780816697229
- eISBN:
- 9781452953564
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816697229.003.0005
- Subject:
- Political Science, Environmental Politics
Chapter Four is the second of two-parts that historically traces the militarization of the sciences. It specifically reveals how today’s “state of exception” (Giorgio Agamben’s phrase), as ...
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Chapter Four is the second of two-parts that historically traces the militarization of the sciences. It specifically reveals how today’s “state of exception” (Giorgio Agamben’s phrase), as inaugurated by the Bush Administration in the wake of the 9/11 attacks, informs the logic of environmentality.Less
Chapter Four is the second of two-parts that historically traces the militarization of the sciences. It specifically reveals how today’s “state of exception” (Giorgio Agamben’s phrase), as inaugurated by the Bush Administration in the wake of the 9/11 attacks, informs the logic of environmentality.
Miguel Vatter
- Published in print:
- 2011
- Published Online:
- March 2011
- ISBN:
- 9780823233199
- eISBN:
- 9780823233212
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823233199.003.0011
- Subject:
- Religion, Philosophy of Religion
This chapter takes up the question of the state of exception from the perspective of natural justice (equity), as this is presented in Strauss's reading of classical ...
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This chapter takes up the question of the state of exception from the perspective of natural justice (equity), as this is presented in Strauss's reading of classical natural right. It questions the reading according to which Strauss, as opposed to Schmitt, countenances the possibility that a just politics must rest exclusively on nature and on its philosophical knowledge without relation to divine revelation. Instead, Strauss ultimately offers a comprehensive critique of the Western tradition of natural right, in both its ancient and modern guises, as a tradition of exception to the law, which ultimately reduces justice to power. The countervailing tradition would have to be sought in another Enlightenment, no longer reducible to a doctrine of natural right, to be found in the political philosophy that emerges from medieval Jewish and Arabic thought.Less
This chapter takes up the question of the state of exception from the perspective of natural justice (equity), as this is presented in Strauss's reading of classical natural right. It questions the reading according to which Strauss, as opposed to Schmitt, countenances the possibility that a just politics must rest exclusively on nature and on its philosophical knowledge without relation to divine revelation. Instead, Strauss ultimately offers a comprehensive critique of the Western tradition of natural right, in both its ancient and modern guises, as a tradition of exception to the law, which ultimately reduces justice to power. The countervailing tradition would have to be sought in another Enlightenment, no longer reducible to a doctrine of natural right, to be found in the political philosophy that emerges from medieval Jewish and Arabic thought.
Christopher Kaplonski
- Published in print:
- 2014
- Published Online:
- November 2016
- ISBN:
- 9780824838560
- eISBN:
- 9780824869663
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824838560.003.0002
- Subject:
- Anthropology, Asian Cultural Anthropology
The main argument of the book is that in Mongolia, physical violence and killing was taken up as a measure of last resort, not a show of strength. Two key domains constitute the direct theoretical ...
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The main argument of the book is that in Mongolia, physical violence and killing was taken up as a measure of last resort, not a show of strength. Two key domains constitute the direct theoretical basis for this book. The first is Agamben’s work on the state of exception and the literature that it has spawned. The second is work in anthropology that rethinks sovereignty and statehood, which sees sovereignty and the state as much more dynamic, contested, and contingent than has previously been the case. This chapter uses this recognition of contingency and vulnerability to expand Agamben beyond a homogenous, unitary understanding of the state of exception and look at multiple ‘technologies of exception’, as well as the ways in which states simultaneously draw on, while appearing to reject, the concept of exception itself. It also explores the boundaries between sovereignty and governmentality and their relation to the exception.Less
The main argument of the book is that in Mongolia, physical violence and killing was taken up as a measure of last resort, not a show of strength. Two key domains constitute the direct theoretical basis for this book. The first is Agamben’s work on the state of exception and the literature that it has spawned. The second is work in anthropology that rethinks sovereignty and statehood, which sees sovereignty and the state as much more dynamic, contested, and contingent than has previously been the case. This chapter uses this recognition of contingency and vulnerability to expand Agamben beyond a homogenous, unitary understanding of the state of exception and look at multiple ‘technologies of exception’, as well as the ways in which states simultaneously draw on, while appearing to reject, the concept of exception itself. It also explores the boundaries between sovereignty and governmentality and their relation to the exception.
