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Between the Norm and the Exception

Between the Norm and the Exception PDF Author: William E. Scheuerman
Publisher: MIT Press
ISBN: 9780262691963
Category : Philosophy
Languages : en
Pages : 348

Book Description
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

Between the Norm and the Exception

Between the Norm and the Exception PDF Author: William E. Scheuerman
Publisher: MIT Press
ISBN: 9780262691963
Category : Philosophy
Languages : en
Pages : 348

Book Description
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

The End of Law

The End of Law PDF Author: William E. Scheuerman
Publisher: Rowman & Littlefield
ISBN: 1786611562
Category : Philosophy
Languages : en
Pages : 358

Book Description
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.

Irresolvable Norm Conflicts in International Law

Irresolvable Norm Conflicts in International Law PDF Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0198808372
Category : Law
Languages : en
Pages : 209

Book Description
Based on doctoral thesis, University of Cambridge, 2015. --Page vii.

Conflict, Security and the Reshaping of Society

Conflict, Security and the Reshaping of Society PDF Author: Alessandro Dal Lago
Publisher: Routledge
ISBN: 1136933425
Category : History
Languages : en
Pages : 240

Book Description
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book is an examination of the effect of contemporary wars (such as the 'War on Terror') on civil life at a global level. Contemporary literature on war is mainly devoted to recent changes in the theory and practice of warfare, particular those in which terrorists or insurgents are involved (for example, the 'revolution in military affairs', 'small wars', and so on). On the other hand, today's research on security is focused, among other themes, on the effects of the war on terrorism, and on civil liberties and social control. This volume connects these two fields of research, showing how 'war' and 'security' tend to exchange targets and forms of action as well as personnel (for instance, the spreading use of private contractors in wars and of military experts in the 'struggle for security') in modern society. This shows how, contrary to Clausewitz's belief war should be conceived of as a "continuation of politics by other means", the opposite statement is also true: that politics, insofar as it concerns security, can be defined as the 'continuation of war by other means'. This book will be of much interest to students of critical security studies, war and conflict studies, terrorism studies, sociology and IR in general. Salvatore Palidda is Professor of Sociology in the Faculty of Education at the University of Genoa. Alessandro Dal Lago is Professor of Sociology of Culture and Communication at the University of Genoa.

Beyond a Divided Cyprus

Beyond a Divided Cyprus PDF Author: Nicos Trimikliniotis
Publisher: Springer
ISBN: 113710080X
Category : Political Science
Languages : en
Pages : 348

Book Description
Cyprus is a postcolonial island known for natural gas reserves and ethnic divisions. This volume presents a fresh perspective on the Cyprus problem by examining the societal transformations taking place within the island: socioeconomic development, population transitions and migration, and rapidly changing social and political institutions.

Proceedings of the Conference

Proceedings of the Conference PDF Author:
Publisher:
ISBN:
Category : Artificial intelligence
Languages : en
Pages : 244

Book Description


Alegal

Alegal PDF Author: Annmaria M. Shimabuku
Publisher: Fordham Univ Press
ISBN: 0823282678
Category : Social Science
Languages : en
Pages : 224

Book Description
Okinawan life, at the crossroads of American militarism and Japanese capitalism, embodies a fundamental contradiction to the myth of the monoethnic state. Suspended in a state of exception, Okinawans have never been officially classified as colonial subjects of the Japanese empire or the United States, nor have they ever been treated as equal citizens of Japan. As a result, they live amid one of the densest concentrations of U.S. military bases in the world. By bringing Foucauldian biopolitics into conversation with Japanese Marxian theorizations of capitalism, Alegal uncovers Japan’s determination to protect its middle class from the racialized sexual contact around its mainland bases by displacing them onto Okinawa, while simultaneously upholding Okinawa as a symbol of the infringement of Japanese sovereignty figured in terms of a patriarchal monoethnic state. This symbolism, however, has provoked ambivalence within Okinawa. In base towns that facilitated encounters between G.I.s and Okinawan women, the racial politics of the United States collided with the postcolonial politics of the Asia Pacific. Through close readings of poetry, reportage, film, and memoir on base-town life since 1945, Shimabuku traces a continuing failure to “become Japanese.” What she discerns instead is a complex politics surrounding sex work, tipping with volatility along the razor’s edge between insurgency and collaboration. At stake in sovereign power’s attempt to secure Okinawa as a military fortress was the need to contain alegality itself—that is, a life force irreducible to the legal order. If biopolitics is the state’s attempt to monopolize life, then Alegal is a story about how borderland actors reclaimed the power of life for themselves. In addition to scholars of Japan and Okinawa, this book is essential reading for anyone interested in postcolonialism, militarism, mixed-race studies, gender and sexuality, or the production of sovereignty in the modern world.

International Norms and Local Politics in Myanmar

International Norms and Local Politics in Myanmar PDF Author: Yukiko Nishikawa
Publisher: Routledge
ISBN: 1000545881
Category : Social Science
Languages : en
Pages : 140

Book Description
Nishikawa explores how international norms have been adopted in the local context in Myanmar to project a certain international image, while in fact the authorities are exploiting these norms to protect their own interests. In the liberal international world order promoted since the end of the Cold War, democracy, rule of law and human rights have become key components in state and peace-building around the world. Many donor governments and international organisations have promoted them in their aid and assistance. However, the promotion of these international norms is based on a flawed understanding of sovereignty and the world. For this reason, the enforcement of these international norms in Myanmar not only fails to protect vulnerable people but also, in some instances, exacerbates the situation, thereby generating critical insecurity to the most vulnerable people. A vital resource for scholars of Myanmar’s politics, as well as a valuable case study for International Relations scholars more broadly.

A Historical Approach to Casuistry

A Historical Approach to Casuistry PDF Author: Carlo Ginzburg
Publisher: Bloomsbury Publishing
ISBN: 1350006769
Category : History
Languages : en
Pages : 375

Book Description
Casuistry, the practice of resolving moral problems by applying a logical framework, has had a much larger historical presence before and since it was given a name in the Renaissance. The contributors to this volume examine a series of case studies to explain how different cultures and religions, past and present, have wrestled with morality's exceptions and margins and the norms with which they break. For example, to what extent have the Islamic and Judaic traditions allowed smoking tobacco or gambling? How did the Spanish colonization of America generate formal justifications for what it claimed? Where were the lines of transgression around food, money-lending, and sex in Ancient Greece and Rome? How have different systems dealt with suicide? Casuistry lives at the heart of such questions, in the tension between norms and exceptions, between what seems forbidden but is not. A Historical Approach to Casuistry does not only examine this tension, but re-frames casuistry as a global phenomenon that has informed ethical and religious traditions for millennia, and that continues to influence our lives today.

Institutionalized Reason

Institutionalized Reason PDF Author: Matthias Klatt
Publisher: Oxford University Press
ISBN: 9780199582068
Category : Language Arts & Disciplines
Languages : en
Pages : 376

Book Description
Based on a symposium held at New College, Oxford in September 2008.