Law and Sacrifice

Author: Johan Van der Walt
Publisher: CRC Press
ISBN: 1134233892
Format: PDF, Kindle
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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
Publisher: AFRICAN SUN MeDIA
ISBN: 1920689028
Format: PDF, Mobi
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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 City

Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135308934
Format: PDF, Mobi
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Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details: a flourishing of law’s spatiality and urban legal locality an unfolding of both the juridical urban body and the city’s legal dreams, of both the ‘urban law’ and the ‘juridical polis’. Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.

Law and the Question of the Animal

Author: Yoriko Otomo
Publisher: Routledge
ISBN: 0415683505
Format: PDF
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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
Publisher: University of Michigan Press
ISBN: 0472122932
Format: PDF, Kindle
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In Curating Community: Museums, Constitutionalism, and the Taming of the Political, Stacy Douglas challenges the centrality of sovereignty in our political and juridical imaginations. Creatively bringing together constitutional, political, and aesthetic theory, Douglas argues that museums and constitutions invite visitors to identify with a prescribed set of political constituencies based on national, ethnic, or anthropocentric premises. In both cases, these stable categories gloss over the radical messiness of the world and ask us to conflate representation with democracy. Yet the museum, when paired with the constitution, can also serve as a resource in the production of alternative imaginations of community. Consequently, Douglas’s key contribution is the articulation of a theory of counter-monumental constitutionalism, using the museum, that seeks to move beyond individual and collective forms of sovereignty that have dominated postcolonial and postapartheid theories of law and commemoration. She insists on the need to reconsider deep questions about how we conceptualize the limits of ourselves, as well as our political communities, in order to attend to everyday questions of justice in the courtroom, the museum, and beyond. Curating Community is a book for academics, artists, curators, and constitutional designers interested in legacies of violence, transitional justice, and democracy.

Agamben and Colonialism

Author: Marcelo Svirsky
Publisher: Edinburgh University Press
ISBN: 0748649263
Format: PDF, Kindle
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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.

Plasticity at the Dusk of Writing

Author: Catherine Malabou
Publisher: Columbia University Press
ISBN: 9780231145244
Format: PDF, Docs
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A former student and collaborator of Jacques Derrida, Catherine Malabou has generated worldwide acclaim for her progressive rethinking of postmodern, Derridean critique. Building on her notion of plasticity, a term she originally borrowed from Hegel's Phenomenology of Spirit and adapted to a reading of Hegel's own work, Malabou transforms our understanding of the political and the religious, revealing the malleable nature of these concepts and their openness to positive reinvention. In French to describe something as plastic is to recognize both its flexibility and its explosiveness-its capacity not only to receive and give form but to annihilate it as well. After defining plasticity in terms of its active embodiments, Malabou applies the notion to the work of Hegel, Heidegger, Levinas, Levi-Strauss, Freud, and Derrida, recasting their writing as a process of change (rather than mediation) between dialectic and deconstruction. Malabou contrasts plasticity against the graphic element of Derrida's work and the notion of trace in Derrida and Levinas, arguing that plasticity refers to sculptural forms that accommodate or express a trace. She then expands this analysis to the realms of politics and religion, claiming, against Derrida, that "the event" of justice and democracy is not fixed but susceptible to human action.