Download or read book Law and Agonistic Politics written by Dr Andrew Schaap and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ancient Greek notion of agonism, meaning struggle, has been revived in radical legal and political theory to rethematize class conflict and to conceptualize the conditions of possibility of freedom and social transformation in contemporary society. Insisting that what is ultimately at stake in politics are the terms in which social conflict is represented, agonists highlight the importance of the strategic, affective and aesthetic aspects of politics for democratic praxis. This volume examines the implications of this critical perspective for understanding law and considers how law serves either to sustain or curtail the democratic agon. While sharing a critical perspective on the deliberative turn in legal and political theory and its tendency to depoliticize social conflict, the various contributors to this volume diverge in arguing variously for pragmatic, expressivist or strategic conceptions of agonism. In doing so they question the glib assumptions that often underlie a sometimes too easy celebration of conflict as an antidote to de-politicizing consensus. This thought provoking volume will be of interest to students and researchers working in legal and political theory and philosophy.
Download or read book Law and Agonistic Politics written by Andrew Schaap and published by Routledge. This book was released on 2016-04-15 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ancient Greek notion of agonism, meaning struggle, has been revived in radical legal and political theory to rethematize class conflict and to conceptualize the conditions of possibility of freedom and social transformation in contemporary society. Insisting that what is ultimately at stake in politics are the terms in which social conflict is represented, agonists highlight the importance of the strategic, affective and aesthetic aspects of politics for democratic praxis. This volume examines the implications of this critical perspective for understanding law and considers how law serves either to sustain or curtail the democratic agon. While sharing a critical perspective on the deliberative turn in legal and political theory and its tendency to depoliticize social conflict, the various contributors to this volume diverge in arguing variously for pragmatic, expressivist or strategic conceptions of agonism. In doing so they question the glib assumptions that often underlie a sometimes too easy celebration of conflict as an antidote to de-politicizing consensus. This thought provoking volume will be of interest to students and researchers working in legal and political theory and philosophy.
Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Download or read book Emergency Politics written by Bonnie Honig and published by Princeton University Press. This book was released on 2011-08-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: A more democratic response to political emergencies This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.
Download or read book Becoming Political written by Christopher Skeaff and published by University of Chicago Press. This book was released on 2018-06-25 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pathbreaking work, Christopher Skeaff argues that a profoundly democratic conception of judgment is at the heart of Spinoza’s thought. Bridging Continental and Anglo-American scholarship, critical theory, and Spinoza studies, Becoming Political offers a historically sensitive, meticulous, and creative interpretation of Spinoza’s texts that reveals judgment as the communal element by which people generate power to resist domination and reconfigure the terms of their political association. If, for Spinoza, judging is the activity which makes a people powerful, it is because it enables them to contest the project of ruling and demonstrate the political possibility of being equally free to articulate the terms of their association. This proposition differs from a predominant contemporary line of argument that treats the people’s judgment as a vehicle of sovereignty—a means of defining and refining the common will. By recuperating in Spinoza’s thought a “vital republicanism,” Skeaff illuminates a line of political thinking that decouples democracy from the majoritarian aspiration to rule and aligns it instead with the project of becoming free and equal judges of common affairs. As such, this decoupling raises questions that ordinarily go unasked: what calls for political judgment, and who is to judge? In Spinoza’s vital republicanism, the political potential of life and law finds an affirmative relationship that signals the way toward a new constitutionalism and jurisprudence of the common.
Download or read book The Return of the Political written by Chantal Mouffe and published by Verso Books. This book was released on 2020-04-07 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Mouffe argues that liberal democracy misunderstands the problems of ethnic, religious and nationalist conflicts because of its inadequate conception of politics. He suggests that the democratic revolution may be jeopardized by a lack of understanding of citizenship, community and pluralism. Mouffe examines the work of Schmidt and Rawls and explores feminist theory, in an attempt to place the project of radical and plural democracy on a more adequate foundation than is provided by liberal theory.
Download or read book The Oxford Handbook of Political Theory written by John S Dryzek and published by Oxford University Press, USA. This book was released on 2008-06-12 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.
Download or read book Judith Butler written by Elena Loizidou and published by Routledge. This book was released on 2006-09 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is undisputed that Judith Butler is the philosopher who invited us to think and imagine the subject as the effect of gender processes and practices. Over the last twenty years critical legal scholarship engaged either overtly or covertly with the question of the legal subject. And in this book, Elena Loizidou takes up Judith Butler's work as a reading of how the legal subject is formed. The most dominant notion of the legal subject within critical legal studies is one that is primarily pre-political, a-historical and spirit. As Loizidou argues, however, Butler returns this notion of the legal subject to its materiality and its embodiment; challenging legal scholarship to re-think its understanding of the subject and of its effects.
Download or read book For a Left Populism written by Chantal Mouffe and published by Verso Books. This book was released on 2018 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are currently witnessing in Western Europe a “populist moment” that signals the crisis of neoliberal hegemony. The central axis of the political conflict will be between right- and left-wing populism. By establishing a frontier between “the people” and “the oligarchy,” a leftpopulist strategy could bring together the manifold struggles against subordination, oppression and discrimination.This strategy acknowledges that democratic discourse plays a crucial role in the political imaginary of our societies. And through the construction of a collective will, mobilizing common affects in defence of equality and social justice, it will be possible to combat the xenophobic policies promoted by right-wing populism.
Download or read book Groundless Existence written by Michael Marder and published by Bloomsbury Publishing USA. This book was released on 2010-07-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundless Existence discusses the implicit phenomenological and existential foundations of Schmitt's political philosophy. The book's unique contribution lies in its claim that Schmitt decisively breaks with the metaphysical tradition and predicates the political on the 'groundless' categories of existence, including risk, decision, and agonism. This argument is substantiated by both tacit and explicit existentialist and phenomenological underpinnings of Schmitt's work, discussed here for the first time in book form.The book provides an insight into the implications of Schmitt's thought reconceptualized in the light of contemporary political developments. An essential text for anyone interested in the political theory of Carl Schmitt, it offers a new reading of Schmitt's work against the double background of phenomenology and existentialism.
Download or read book Shakespeare s Imaginary Constitution written by Paul Raffield and published by Bloomsbury Publishing. This book was released on 2010-10-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of six plays by Shakespeare, the author presents an innovative analysis of political developments in the last decade of Elizabethan rule and their representation in poetic drama of the period. The playhouses of London in the 1590s provided a distinctive forum for discourse and dissemination of nascent political ideas. Shakespeare exploited the unique capacity of theatre to humanise contemporary debate concerning the powers of the crown and the extent to which these were limited by law. The autonomous subject of law is represented in the plays considered here as a sentient political being whose natural rights and liberties found an analogue in the narratives of common law, as recorded in juristic texts and law reports of the early modern era. Each chapter reflects a particular aspect of constitutional development in the late-Elizabethan state. These include abuse of the royal prerogative by the crown and its agents; the emergence of a politicised middle class citizenry, empowered by the ascendancy of contract law; the limitations imposed by the courts on the lawful extent of divinely ordained kingship; the natural and rational authority of unwritten lex terrae; the poetic imagination of the judiciary and its role in shaping the constitution; and the fusion of temporal and spiritual jurisdiction in the person of the monarch. The book advances original insights into the complex and agonistic relationship between theatre, politics, and law. The plays discussed offer persuasive images both of the crown's absolutist tendencies and of alternative polities predicated upon classical and humanist principles of justice, equity, and community. 'It is now canon in progressive U.S. legal scholarship that to focus solely on the text of our Constitution is myopic. We look as well for "constitutional moments", moments when the zeitgeist is so transformed that our fundamental legal charter changes with it. In this breathtakingly erudite book, Paul Raffield argues that the late-Elizabethan period was such a "constitutional moment" in England, a moment literally "played out" for the polity by the greatest dramatist of all time. A lawyer and a thespian, Raffield handles both legal and literary sources with exquisite care. As with the works of the Old Masters, one dwells pleasurably on each detail until their cumulative force presses one backward to see the canvas in its sudden, glorious entirety. A major achievement.' Kenji Yoshino Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law
Download or read book The Democratic Paradox written by Chantal Mouffe and published by Verso Books. This book was released on 2020-05-05 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the theory of 'deliberative democracy' to the politics of the 'third way', the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jrgen Habermas on one side, and the political tenets of Blair, Clinton and Schrder on the other, Mouffe brings to the fore the paradoxical nature of modern liberal democracy in which the category of the 'adversary' plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings.
Download or read book Agonistic Democracy written by Mark Wenman and published by Cambridge University Press. This book was released on 2013-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.
Download or read book Radical Democracy and Its Limits written by David Matijasevich and published by Springer Nature. This book was released on 2019-08-26 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last several decades, many political theorists have touted the banner of “radical democracy” to view the agonistic—that is, non-coercive—struggle against power as the correct way forward for progressive political actors, rather than the antagonistic acquisition or use of it. The belief that such engagements respect the political equality of all and are thus more democratic lies at the heart of this trend; and yet, recent developments have shown that events with such agonistic beginnings, such as Occupy, the Arab Spring, and Hong Kong’s Umbrella Movement have the clear potential of ending antagonistically. Comparing four historical cases of popular uprising that fluctuated between agonistic and antagonistic moments, this book establishes the circumstances under which such agonistic engagements with power can both take off and persist. Revealing the many limitations that agonistic politics is shown to face, Radical Democracy and its Limits makes a needed intervention into contemporary democratic theory and argues that radical democracy should not be held up as a model for those pursuing a more egalitarian future.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Political Theory and the Displacement of Politics written by Bonnie Honig and published by Cornell University Press. This book was released on 2023-03-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political Theory and the Displacement of Politics, originally published in 1993, has been called a founding text of agonism, which treats political contestation not as a regrettably necessary way to correct political imperfections but as a necessary, sometimes joyful feature of democratic life. As Bonnie Honig writes in the preface to this thirtieth anniversary edition, "the agonism that informs this book is democratic: it is committed to shared spaces and relational practices in which diverse groups and individuals set and reset the terms of living together as equals." By rethinking the established relation between politics and political theory, Honig argues that political theorists of opposing positions often treat political theory less as an exploration of politics than as a series of devices for its displacement. She characterizes Kant, Rawls, and Sandel as virtue theorists of politics, arguing that they rely on principles of right, rationality, community, and law to protect their political theories from the conflict and uncertainty of political reality. Drawing on Nietzsche and Arendt as well as Machiavelli and Derrida, Honig instead explores an alternative politics of virtú, which treats the disruptions of political order as valued sites of democratic freedom and individuality.
Download or read book Foucault Politics and Violence written by Johanna Oksala and published by Northwestern University Press. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The politicization of ontology -- Foundational violence -- Dangerous animals -- The politics of gendered violence -- Political life -- The management of state violence -- The political ontology of neoliberalism -- Violence and neoliberal governmentality -- Terror and political spirituality.
