law and sacrifice towards a post apartheid theory of law birkbeck law press

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Law And Sacrifice

Author : Johan Van der Walt
ISBN : 9781134233823
Genre : Law
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In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.

Genres Of Critique

Author : Karin van Marle
ISBN : 9781920689025
Genre : Law
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The book seeks to open and explore the liminal space of critique at the intersection of law, aesthetics and politics. The essays in this volume elaborate and expand the meaning and significance of critique through an engagement with aesthetic forms. Although this endeavour has wider significance, the focus is primarily on South Africa. The various contributions arose out of a process of reading, writing and discussion among visiting scholars at the Stellenbosch Institute for Advanced Study (STIAS), Stellenbosch University, South Africa, in 2010. The project responds to the limits of the transplantation of critical legal studies into different jurisdictions, especially South Africa. The essays develop an approach to critical legal thinking that is conscious of critique as a problem of genre and seek to open up this problem of genre in the context of critical legal studies.

Law And The Question Of The Animal

Author : Yoriko Otomo
ISBN : 9780415683500
Genre : Law
File Size : 22. 98 MB
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This book addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. 'Animal law' is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, nor the philosophical issue of the 'human' and the 'animal' that lies at law's foundation. Responding to this interest, Law and the Question of the Animal: A Critical Jurisprudence brings together leading and emerging critical legal theorists to address the question of animality in relation to law's foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does 'animal law' alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?

Curating Community

Author : Stacy Douglas
ISBN : 9780472053544
Genre : Business & Economics
File Size : 50. 60 MB
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Reconsiders complex questions about how we imagine ourselves and our political communities

Sovereignty And The Sacred

Author : Robert A. Yelle
ISBN : 9780226585598
Genre : Holy, The
File Size : 21. 68 MB
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Sovereignty and the Sacred challenges contemporary models of polity and economy through a two-step engagement with the history of religions. Beginning with the recognition of the convergence in the history of European political theology between the sacred and the sovereign as creating "states of exception"--that is, moments of rupture in the normative order that, by transcending this order, are capable of re-founding or remaking it--Robert A. Yelle identifies our secular, capitalist system as an attempt to exclude such moments by subordinating them to the calculability of laws and markets. The second step marshals evidence from history and anthropology that helps us to recognize the contribution of such states of exception to ethical life, as a means of release from the legal or economic order. Yelle draws on evidence from the Hebrew Bible to English deism, and from the Aztecs to ancient India, to develop a theory of polity that finds a place and a purpose for those aspects of religion that are often marginalized and dismissed as irrational by Enlightenment liberalism and utilitarianism. Developing this close analogy between two elemental domains of society, Sovereignty and the Sacred offers a new theory of religion while suggesting alternative ways of organizing our political and economic life. By rethinking the transcendent foundations and liberating potential of both religion and politics, Yelle points to more hopeful and ethical modes of collective life based on egalitarianism and popular sovereignty. Deliberately countering the narrowness of currently dominant economic, political, and legal theories, he demonstrates the potential of a revived history of religions to contribute to a rethinking of the foundations of our political and social order.

Agamben And Colonialism

Author : Marcelo Svirsky
ISBN : 9780748649266
Genre : Philosophy
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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.

Bibliographie Internationale De Science Politique

Author :
ISBN : UOM:39015066247878
Genre : Political science
File Size : 67. 73 MB
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International Bibliography Of Book Reviews Of Scholarly Literature Chiefly In The Fields Of Arts And Humanities And The Social Sciences

Author :
ISBN : STANFORD:36105127775596
Genre : Books
File Size : 65. 85 MB
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The British National Bibliography

Author : Arthur James Wells
ISBN : UOM:39015066099238
Genre : English literature
File Size : 32. 88 MB
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Alternative Rechtsformen Und Alternativen Zum Recht

Author : Ekkehard Klausa
ISBN : 9783322969903
Genre : Law
File Size : 64. 71 MB
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