Law, Violence and Constituent Power
Law, Violence and Constituent Power

Author: Héctor López Bofill

Publisher: Routledge

Published: 2021-05-30

Total Pages: 192

ISBN-13: 1000393844

DOWNLOAD EBOOK

This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Constituent Power, Violence, and the State
Constituent Power, Violence, and the State

Author: Dimitri Vouros

Publisher: Taylor & Francis

Published: 2024-11-25

Total Pages: 260

ISBN-13: 1040227538

DOWNLOAD EBOOK

In Constituent Power, Violence, and the State, Dimitri Vouros examines the question of political violence by placing the thought of Georges Sorel, Walter Benjamin, and Hannah Arendt in conversation with contemporary theories of sovereignty and constituent power. Vouros argues that the violence sustaining the modern state inhibits institutional accountability and derails constituent power. The paradox of modern law—which is both the expression of the people’s will but also alienated from them—sets the stage for political contestation. For Vouros, the multitude’s potentiality is actualized through either organized or spontaneous acts of resistance against state force. Antagonism is therefore a key element of the political and must be included in any theory of political agonism. A strong notion of constituent power ensures the integrity of the public sphere and the expansion of citizens’ political agency. Bringing all these ideas together is unique for this field of investigation. Accessible and engagingly written, Constituent Power, Violence, and the State is a must read for researchers in political theory and political philosophy. Critical legal studies scholars and social theorists will also profit from this book.

Constituent Power
Constituent Power

Author: Arvidsson Matilda Arvidsson

Publisher: Edinburgh University Press

Published: 2020-08-18

Total Pages: 272

ISBN-13: 147445500X

DOWNLOAD EBOOK

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Language, Democracy, and the Paradox of Constituent Power
Language, Democracy, and the Paradox of Constituent Power

Author: Catherine Frost

Publisher: Routledge

Published: 2021-04-19

Total Pages: 134

ISBN-13: 0429884737

DOWNLOAD EBOOK

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

Only the People Can Save the People
Only the People Can Save the People

Author: Donald V. Kingsbury

Publisher: State University of New York Press

Published: 2018-04-25

Total Pages: 232

ISBN-13: 1438469659

DOWNLOAD EBOOK

In a global historical moment of growing mobilizations against inequality, corruption, and exclusion, Only the People Can Save the People illustrates the necessity and challenges of more egalitarian approaches to collective life from one of the most tumultuous and compelling experiments in radical democracy. Donald V. Kingsbury examines twenty-first-century Venezuelan politics from the perspective of constituent power—the egalitarian, creative, and inclusive practice of radical democracy. In the aftermath of neoliberal structural adjustment, Venezuelan politics have been increasingly reconfigured according to principles of autogestión (self-management), social movement autonomy, protagonistic and participatory democracy, and anti-capitalism. However, inherited and intensifying challenges arising from Venezuela's status as a petrostate, the class and racial divisions that define its society, and the difficulties of defining what Hugo Chávez termed "socialism for the twenty-first century" have resulted in a tumultuous process of social change. Informed by ethnography, contemporary and comparative political thought, and global political economy, Only the People Can Save the People demonstrates how constituent power is shaping collective identity, political conflict, and infrastructural space in contemporary Latin America.

The Federalist Papers
The Federalist Papers

Author: Alexander Hamilton

Publisher: Read Books Ltd

Published: 2018-08-20

Total Pages: 420

ISBN-13: 1528785878

DOWNLOAD EBOOK

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

State of Exception
State of Exception

Author: Giorgio Agamben

Publisher: University of Chicago Press

Published: 2008-07-18

Total Pages: 108

ISBN-13: 0226009262

DOWNLOAD EBOOK

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Violence and Political Theory
Violence and Political Theory

Author: Elizabeth Frazer

Publisher: John Wiley & Sons

Published: 2020-04-14

Total Pages: 163

ISBN-13: 1509536736

DOWNLOAD EBOOK

Is politics necessarily violent? Does the justifiability of violence depend on whether it is perpetrated to defend or upend the existing order – or perhaps on the way in which it is conducted? Is violence simply direct physical harm, or can it also be structural, symbolic, or epistemic? In this book, Elizabeth Frazer and Kimberley Hutchings explore how political theorists, from Niccolo Machiavelli to Elaine Scarry, have addressed these issues. They engage with both defenders and critics of violence in politics, analysing their diverse justificatory and rhetorical strategies in order to draw out the enduring themes of these debates. They show how political theorists have tended to evade the central difficulties raised by violence by either reducing it to a neutral tool or identifying it with something quite distinct, such as justice or virtue. They argue that, because violence is necessarily wrapped up with hierarchical and exclusive structures and imaginaries, legitimising it in terms of the ends that it serves, or how it is perpetrated, no longer makes sense. This book will be an invaluable resource for students and scholars in areas ranging from the ethics of terror and war to radical and revolutionary political thought.

Bringing the State Back In
Bringing the State Back In

Author: Social Science Research Council (U.S.). Committee on States and Social Structures

Publisher: Cambridge University Press

Published: 1985-09-13

Total Pages: 406

ISBN-13: 9780521313131

DOWNLOAD EBOOK

Papers from a conference held at Mount Kisco, N.Y., Feb. 1982, sponsored by the Committee on States and Social Structures, the Joint Committee on Latin American Studies, and the Joint Committee on Western European Studies of the Social Science Research Council. Includes bibliographies and index.

Law, Violence, and the Possibility of Justice
Law, Violence, and the Possibility of Justice

Author: Austin Sarat

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 188

ISBN-13: 0691187541

DOWNLOAD EBOOK

Law punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law's actual legitimacy? Does violence express or distort the essence of law? Does law's violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violence. Among these are the purpose of law as punishment, the increasing number of executions in the United States, prison violence, racial disparity in sentencing, and the meaning of torture. The result is a remarkable volume that stimulates us to reconsider connections that we too often leave unexplored. In addition to the editor, the contributors are Marianne Constable, Peter Fitzpatrick, Thomas R. Kearns, Peter Rush, Jonathan Simon, Shaun McVeigh, and Alison Young.