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The Management of HateNation, Affect, and the Governance of Right-Wing Extremism in Germany$
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Nitzan Shoshan

Print publication date: 2016

Print ISBN-13: 9780691171951

Published to University Press Scholarship Online: January 2018

DOI: 10.23943/princeton/9780691171951.001.0001

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date: 30 May 2020

Penal Regimes of Political Delinquency

Penal Regimes of Political Delinquency

Chapter:
(p.87) 4 Penal Regimes of Political Delinquency
Source:
The Management of Hate
Author(s):

Nitzan Shoshan

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691171951.003.0004

This chapter examines the juridical production of what it calls “political delinquency,” a figure that condenses irresolvable contradictions between forceful taboos on the one hand and liberal law on the other. Drawing on ethnographic materials, legal texts, and court cases, the chapter shows that the production of political delinquency, including that of young right-wing extremists, ultimately rests on hermeneutical procedures that appeal to affective states in general and hate in particular. It asks a number of questions, such as how the legal banning of right-wing extremism tallies with the constitutional prohibition of censorship, or what assumptions about symbols, their users, and the context of their deployments underpin the interpretative frameworks under which law regulates nationalism and xenophobia in Germany. It also considers denazification in juridical institutions and practices, ambiguities in interpreting legal codes as well as symbols/signs, and mechanisms of legal regulation.

Keywords:   political delinquency, liberal law, right-wing extremists, hate, censorship, nationalism, xenophobia, juridical institutions, legal codes, legal regulation

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