reading modern law critical methodologies and sovereign formations

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Reading Modern Law

Author : Ruth Margaret Buchanan
ISBN : 9780415568548
Genre : Law
File Size : 68. 99 MB
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Research on the reliability and validity of assessment centers (ACs) has been ongoing for at least 50 years and continues to this day. The assessment center method is a technique or process that is used to assess individual performance and potential. One of the most heavily researched topics over the last 30 years has been the internal structure of AC ratings that assessors make on rating dimensions after the completion of each exercise. This volume, with contributions from experts from around the world, looks at Dimension-Based Assessment Centers, Task-Based Assessment Centers, and Mixed-Model Assessment Centers. All three perspectives are presented in different sections, and a summary of these diverse perspectives is given at the end of the book.

Agamben And Colonialism

Author : Marcelo Svirsky
ISBN : 9780748649266
Genre : Philosophy
File Size : 21. 50 MB
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This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.

Drawing The Line

Author : Carrol Clarkson
ISBN : 9780823254170
Genre : Philosophy
File Size : 37. 40 MB
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Drawing the Line examines the ways in which cultural, political, and legal lines are imagined, drawn, crossed, erased, and redrawn in post-apartheid South Africa through literary texts, artworks, and other forms of cultural production. Under the rubric of a philosophy of the limit and with reference to a range of signifying acts and events, this book asks what it takes to recalibrate a sociopolitical scene, shifting perceptions of what counts and what matters, of what can be seen and heard, of what can be valued or regarded as meaningful. The book thus argues for an aesthetics of transitional justice and makes an appeal for a postapartheid aesthetic inquiry, as opposed to simply a political or a legal one. Each chapter brings a South African artwork, text, speech, building, or social encounter into conversation with debates in critical theory and continental philosophy, asking: What challenge do these South African acts of signification and resignification pose to current literary-philosophical debates?

State Security And Subject Formation

Author : Anna Yeatman
ISBN : STANFORD:36105133016720
Genre : Philosophy
File Size : 80. 29 MB
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This book offers a unique collection of texts framed as a set of conversations on the topics of state, security and subject formation. These conversations are motivated by a question that defines agendas for both politics and political though: how to secure the conditions for a civil and peaceful life together? The contributions to this book explore, at time sceptically, the approach of civil philosophy to that question. This approach suggests an education in civility as well as a public sphere that promotes everyday practices of civility. It also posits the right of the subject to enjoy full and inclusive access to the conditions peaceful co-existence. A secular state that functions as a public authority and uses its sovereignty to establish the rule of law is the primary condition for subjective right.

Sovereignty And Possession In The English New World

Author : Ken MacMillan
ISBN : 9780521870092
Genre : History
File Size : 31. 53 MB
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How did English notions of sovereignty, empire and law impact their methods of settlement in the Americas?

Constitutional Limits And The Public Sphere

Author : Oren Ben-Dor
ISBN : 9781841131115
Genre : Law
File Size : 70. 42 MB
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The place of utility as a critical theory of human existence has been largely discredited and its potential undermined in the course of modern debates in ethical,political and legal theory. The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do justice to the theory which identifies the maximisation of pleasure as the most fundamental self-interest of man.Enlarging upon this intuition, the book is mainly concerned with critical constitutionalism. Based on a close reading of Bentham's unpublished and recently published texts, the argument in the first part shows that a critical analysis of constitutionally limited government formed a central theme of Bentham's utilitarian enterprise. The theme of the author's reconstruction is that, for Bentham, constitutional limits signified socially dynamic relationships within the public sphere and between this sphere and a centralised coercive authority. Because this relationship is socially dynamic, the ever-changing communal-based conception of harm constantly transforms the relationship between law and the community which it governs. This feature reappears in many layers of Bentham's thought, such as his theory of sovereignty, the duty to obey the law, and the motivational basis for forming and transforming a conception of harm within the public sphere. Even the most revisionist of Bentham scholars fail to capture this central unifying theme in Bentham's writings.The second part of the book further develops this reconstruction. It argues that an underdeveloped insight of critical importance characterised Bentham's utilitarianism. This insight helps to elucidate the transient and dynamic connection of ethics to politics. In critically reviewing five contemporary accounts of this connection, utility is shown to have closer affinities with communitarianism. However as a critical theory, utility has more in common with the Habermasian notion of communication and inter-subjectivity than with Humean conventionalism. The utilitarian critic is in a position to transcend not only the simple hedonism with which utilitarianism has always been associated, but also the historically-ridden perspectives which potentially dogmatise the range of human possibilities under a received conception of harm.

Law In Transition

Author : Ruth Buchanan
ISBN : 9781782254133
Genre : Law
File Size : 60. 24 MB
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Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better ? the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School

Critical Theory In Critical Times

Author : Penelope Deutscher
ISBN : 9780231543620
Genre : Philosophy
File Size : 81. 65 MB
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We live in critical times. We face a global crisis in economics and finance, a global ecological crisis, and a constant barrage of international disputes. Perhaps most dishearteningly, there seems to be little faith in our ability to address such difficult problems. However, there is also a more positive sense in which these are critical times. The world’s current state of flux gives us a unique window of opportunity for shaping a new international order that will allow us to cope with current and future global crises. In Critical Theory in Critical Times, eleven of the most distinguished critical theorists offer new perspectives on recent crises and transformations of the global political and economic order. Essays from Jürgen Habermas, Seyla Benhabib, Cristina Lafont, Rainer Forst, Wendy Brown, Christoph Menke, Nancy Fraser, Rahel Jaeggi, Amy Allen, Penelope Deutscher, and Charles Mills address some of the most urgent and important challenges of our times, including international human rights and democratic sovereignty, global neoliberalism, new approaches to the critique of capitalism, critical theory’s Eurocentric heritage, and new directions offered by critical race theory and postcolonial studies. Sharpening the conceptual tools of critical theory, the contributors to Critical Theory in Critical Times reveal new ways of expanding the diverse traditions of the Frankfurt School in response to some of the most urgent and important challenges of our times.

Walled States Waning Sovereignty

Author : Wendy Brown
ISBN : 9781942130116
Genre : Political Science
File Size : 64. 74 MB
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Why do walls marking national boundaries proliferate amid widespread proclamations of global connectedness and despite anticipation of a world without borders? Why are barricades built of concrete, steel, and barbed wire when threats to the nation today are so often miniaturized, vaporous, clandestine, dispersed, or networked? In Walled States, Waning Sovereignty, Wendy Brown considers the recent spate of wall building in contrast to the erosion of nation-state sovereignty. Drawing on classical and contemporary political theories of state sovereignty in order to understand how state power and national identity persist amid its decline, Brown considers both the need of the state for legitimacy and the popular desires that incite the contemporary building of walls. The new walls -- dividing Texas from Mexico, Israel from Palestine, South Africa from Zimbabwe -- consecrate the broken boundaries they would seem to contest and signify the ungovernability of a range of forces unleashed by globalization. Yet these same walls often amount to little more than theatrical props, frequently breached, and blur the distinction between law and lawlessness that they are intended to represent. But if today's walls fail to resolve the conflicts between globalization and national identity, they nonetheless project a stark image of sovereign power. Walls, Brown argues, address human desires for containment and protection in a world increasingly without these provisions. Walls respond to the wish for horizons even as horizons are vanquished.

Leviathan

Author : Thomas Hobbes
ISBN : 9781541518421
Genre : Philosophy
File Size : 49. 62 MB
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During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.

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