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  1. A political ontology for Europe: Roberto Esposito’s instituent paradigm.Rita Fulco - 2021 - Continental Philosophy Review 54 (3):367-386.
    The aim of my article is to relate Roberto Esposito’s reflections on Europe to his more recent proposal of instituent thought. I will try to do so by focusing on three theoretical cornerstones of Esposito’s thought: the first concerns the evidence of a link between Europe, philosophy and politics. The second is deconstructive: it highlights the inadequacy of the answers of the most important contemporary ontological-political paradigms to the European crisis, as well as the impossibility of interpreting this crisis through (...)
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  • Breaking the Symbolic Alienation: The New Role and Chalenges of Critical Philosophy in Next Millennium.Maximiliano E. Korstanje & Geoffrey Skoll - 2011 - Cultura 8 (2):105-126.
    Many scholars in recent years have focused their efforts on revealing the connection of philosophy and authority. Basically, from Nietzsche onwards, philosophyhas witnessed ongoing efforts for “will to power” by some philosophers and of course this motivated many philosophers to take part in politics. Nonetheless, thismoot point engendered a serious risk and not only contrasted with the Socratic contributions, but also paved the way for the advent of a new way of making politics where philosophy and scientific prestige are being (...)
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  • Identita v liberální politické teorii a dilema kosmopolitismu [Identity in Liberal Political Theory and the Cosmopolitan Dilemma].Sylvie Bláhová & Pavel Dufek - 2018 - Filosoficky Casopis 66 (3, 4):383–399, 505–517.
    In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project becomes apparent. (...)
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  • Whose Sovereignty? Empire Versus International Law.Jean L. Cohen - 2004 - Ethics and International Affairs 18 (3):1-24.
    Where there is an imperial project afoot to develop a version of global right to justify its self-interested interventions, it is dangerous to abandon the default position of sovereignty and the principle of nonintervention in international law.
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  • Who’s Afraid of Adversariality? Conflict and Cooperation in Argumentation.Catarina Dutilh Novaes - 2020 - Topoi 40 (5):873-886.
    Since at least the 1980s, the role of adversariality in argumentation has been extensively discussed within different domains. Prima facie, there seem to be two extreme positions on this issue: argumentation should never be adversarial, as we should always aim for cooperative argumentative engagement; argumentation should be and in fact is always adversarial, given that adversariality is an intrinsic property of argumentation. I here defend the view that specific instances of argumentation are adversarial or cooperative to different degrees. What determines (...)
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  • Observing Justice at Guantánamo Bay: Human Rights NGOs and Trial Monitoring at the US Military Commissions.Kjersti Lohne - 2021 - Human Rights Review 22 (2):193-213.
    The article critically considers the role of NGOs at the US naval base in Guantánamo Bay, Cuba. On the basis of observation of pre-trial hearings for the case against Khalid Sheik Mohammed et al.—those allegedly responsible for the September 11 attacks—the article analyses NGOs as trial monitors of the US military commissions set up to deal with ‘alien unprivileged enemy belligerents’. In spite of continued efforts by human rights NGOs and incremental improvements in the military commissions’ institutional arrangements and practice, (...)
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  • Biopolitics & Probability: Agamben & Kierkegaard.Virgil W. Brower - 2021 - In Marcos Antonio Norris & Colby Dickinson (eds.), Agamben and the Existentialists. Edinburgh, UK: Edinburgh University Press. pp. 46-64.
    This project retraces activations of Kierkegaard in the development of polit­ical theology. It suggests alternative modes of states of exception attributed to him. Several Kierkegaardian themes open themselves to 'something like pure potential' in Agamben, namely: living death, animality, criminality, auto-constitution, modification, liturgy, love and certain articulations of improbabilities. (*Accompanying file includes only front matter, abstract, and footnotes*).
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  • Now the Code Runs Itself: On-Chain and Off-Chain Governance of Blockchain Technologies.Wessel Reijers, Iris Wuisman, Morshed Mannan, Primavera De Filippi, Christopher Wray, Vienna Rae-Looi, Angela Cubillos Vélez & Liav Orgad - 2021 - Topoi 40 (4):821-831.
    The invention of Bitcoin in 2008 as a new type of electronic cash has arguably been one of the most radical financial innovations in the last decade. Recently, developer communities of blockchain technologies have started to turn their attention towards the issue of governance. The features of blockchain governance raise questions as to tensions that might arise between a strictly “on-chain” governance system and possible applications of “off-chain” governance. In this paper, we approach these questions by reflecting on a long-running (...)
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  • Corporations, Sovereignty and the Religion of Neoliberalism.Timothy D. Peters - 2018 - Law and Critique 29 (3):271-292.
    This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...)
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  • Post-Sovereign Power and Leadership.Leslie Paul Thiele - 2019 - Contemporary Political Theory 18 (2):158-179.
    Power and leadership are typically theorized as exercises of sovereignty in the western tradition of thought. This essay takes up Michel Foucault’s challenge to escape the ‘spell of monarchy’ in our thinking in order to move beyond sovereign models of power. Interdisciplinary scholarship on complex adaptive systems provides fertile ground for this endeavor, illustrating the dynamics of post-sovereign power and opportunities for post-sovereign leadership. Viewing human organizations as complex adaptive systems helps us to theorize leadership without over-simplifying its nature or (...)
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  • Mann, War, and Cyberspace: Dualities of Infrastructural Power in America.Sidney Tarrow - 2018 - Theory and Society 47 (1):61-85.
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  • The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy. [REVIEW]Mireille Hildebrandt - 2010 - Criminal Law and Philosophy 4 (2):161-181.
    In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures (...)
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  • The Appropriation of Abandonment: Giorgio Agamben on the State of Nature and the Political. [REVIEW]Sergei Prozorov - 2009 - Continental Philosophy Review 42 (3):327-353.
    The paper addresses Giorgio Agamben’s affirmation of post-sovereign politics by analyzing his critical engagement with the Hobbesian problematic of the state of nature. Radicalizing Carl Schmitt’s criticism of Hobbes, Agamben deconstructs the distinction between the state of nature and the civil order of the Commonwealth by demonstrating the ‘inclusive exclusion’ of the former within the latter in the manner of the state of exception, which functions as a negative foundation of any positive order. Since the state of nature is no (...)
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  • Collective Self-Legislation as an Actus Impurus: A Response to Heidegger’s Critique of European Nihilism. [REVIEW]Hans Lindahl - 2008 - Continental Philosophy Review 41 (3):323-343.
    Heidegger’s critique of European nihilism seeks to expose self-legislation as the governing principle of central manifestations of modernity such as science, technology, and the interpretation of art as aesthetics. Need we accept the conclusion that modern constitutional democracies are intrinsically nihilistic, insofar as they give political and legal form to the principle of collective self-legislation? An answer to this question turns on the concept of power implied in constituent and constituted power. A confrontation of the genealogies of modern subjectivity proposed (...)
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  • Reason and Religion in Rawls: Voegelin’s Challenge.Bjørn Thomassen - 2012 - Philosophia 40 (2):237-252.
    This article argues that we must abandon the still predominant view of modernity as based upon a separation between the secular and the religious - a “separation” which is allegedly now brought into question again in “postsecularity”. It is more meaningful to start from the premise that religion and politics have always co-existed in various fields of tension and will continue to do so. The question then concerns the natures and modalities of this tension, and how one can articulate a (...)
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  • Law and Its Rhetoric of Violence.Anél Boshoff - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):425-437.
    This article explores the manner in which politico-legal language makes use of metaphors of violence and destruction in order to describe state/legal functions and actions. It argues that although such use of a militaristic hyperbole is generally regarded as normal and appropriate, it is in fact harmful in the way that it presents complex and specific problems as being simple and abstract. From a semiotic point of view, and using the work of Roland Barthes, law is regarded as a system (...)
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  • Erratology and the Ill-Logic of the Seismotic University.Sean Sturm & Stephen Francis Turner - 2014 - Educational Philosophy and Theory 46 (7):1-11.
    With the tertiary education mantra of creativity, critical thinking and innovation in mind, we consider the critical-creativity of error. Taking the university to model social orthography, or ‘correct writing’, according to the norms of disciplines, we consider the role of error in the classroom. Looked at another way, error questions the norms governing norms and the instability of disciplinary grounds. Beyond correction, error involves a mis-taking, or taking another way. Tracing the origin of error we are able to reconstruct the (...)
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  • Reason, Law, and Authority in Plato's Crito.Mark Brouwer - 2015 - Auslegung 31 (1):19-46.
  • The Authority of Telemachus.A. Gottesman - 2014 - Classical Antiquity 33 (1):31-60.
    The role of Telemachus in the Odyssey is a perennial puzzle. This paper argues that Telemachus must reconstruct authority in Ithaca in order to present the death of the suitors as a lawful execution rather than as an extra-legal murder. This is part of the Odyssey's strategy to exonerate Odysseus from any possible blame. The job falls to Telemachus because in the Odyssey authority is premised on personal relationships, and the suitors simply do not know Odysseus. The construction of authority (...)
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  • Exceptional Justice? A Discourse Ethical Contribution to the Immigrant Question.David Ingram - 2009 - Critical Horizons 10 (1):1-30.
    I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be exemplary - a law unto itself that (...)
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  • Mystical Anarchism1.Simon Critchley - 2009 - Critical Horizons 10 (2):272-306.
    This essay explores the philosophical significance of the history of mystical anarchism for contemporary ethics and politics. It examines the complex relationship between religion and politics, and elaborates the thesis that many of our contemporary political concepts are secularized theological concepts. After a critical discussion of Carl Schmitt's theory of sovereignty and John Gray's critique of liberal humanism, it examines the anarchist practices of medieval mystics such as Marguerite Porete and the heresy of the Movement of the Free Spirit, and (...)
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  • The Place of Sovereignty: Mapping Power with Agamben, Butler, and Foucault.Verena Erlenbusch - 2013 - Critical Horizons 14 (1):44-69.
    ,is article addresses the relationship between sovereignty, biopolitics and governmentality in the work of Giorgio Agamben, Judith Butler, and Michel Foucault. By unpacking Foucault’s genealogy of modern governmentality, it responds to a criticism leveled against Foucauldian accounts of power for their alleged abandonment of the traditional model of power in juridico-institutional terms in favor of an understanding of power as purely productive. ,is claim has most signi-cantly been developed by Agamben in “Homo Sacer: Sovereign Power and Bare Life”. I argue (...)
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  • Kierkegaard's Absolute Decision Dialectic of Ethical Law in Fear and Trembling.Barry Stocker - 1999 - Angelaki 4 (1):27 – 35.
  • The Psychology of Repugnance and the Duty to Trust.Richard Ashcroft - 2009 - American Journal of Bioethics 9 (10):51-52.
  • Theological-Political Ruins: Walter Benjamin, Sovereignty, and the Politics of Skeletal Eschatology.Annika Thiem - 2013 - Law and Critique 24 (3):295-315.
    Drawing on the work of Walter Benjamin, this essay argues—largely against Carl Schmitt—that political theology as a critical analytic should examine the ‘afterlife’ of theological tropes with respect to the sense of time and history that they compel. Benjamin’s The Origin of German Tragic Drama argues that sovereignty as a political concept gains prominence as a response in the wake of the erosion of the concept of salvation history in the Baroque. The consequence of this rise of sovereignty as a (...)
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  • ‘I Would Prefer Not To’: Giorgio Agamben, Bartleby and the Potentiality of the Law.Jessica Whyte - 2009 - Law and Critique 20 (3):309-324.
    In Homo Sacer, Giorgio Agamben suggests that Herman’s Melville’s ‘Bartleby the Scrivener’ offers the ‘strongest objection against the principle of sovereignty’. Bartleby, a legal scribe who does not write, is best known for the formula with which he responds to all his employer’s requests, ‘I would prefer not to.’ This paper examines this formula, asking what it would mean to ‘prefer not to’ when the law is in question. By reading Melville’s story alongside Aristotle’s theory of potentiality and Walter Benjamin’s (...)
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  • The Laws of Image-Nation: Brazilian Racial Tropes and the Shadows of the Slave Quarters.Mauricio Lissovsky & Marcus V. A. B. De Matos - 2018 - Law and Critique 29 (2):173-200.
    The commemorative edition of the 80th anniversary of Casa Grande & Senzala, the founding book of Brazilian modern sociology written by Gilberto Freyre and published in 2013, shows on its cover a glamorous ‘Casa Grande’, lit like an architectural landmark, ready to serve as the set for a film or a TV soap opera. What happened to the ‘Senzala’ that appeared on the covers of the dozens of previous editions? This paper investigates, following some changes in Brazilian Visual Culture in (...)
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  • The International Criminal Court and Africa: Exemplary Justice.Edwin Bikundo - 2012 - Law and Critique 23 (1):21-41.
    This is a theoretical and empirical investigation into the causal link between international criminal trials and preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain substitution of personal rights for social harmony and order. (...)
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  • The Politics of Caesura: Giorgio Agamben on Language and the Law.Daniel Paul McLoughlin - 2009 - Law and Critique 20 (2):163-176.
    The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political analyses. The first is the division that occurs when the legal system produces determinate identities, such (...)
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  • In Force Without Significance: Kantian Nihilism and Agamben’s Critique of Law.Daniel McLoughlin - 2009 - Law and Critique 20 (3):245-257.
    In Homo Sacer, Giorgio Agamben makes the claim that Kant’s moral philosophy is prophetic of legal nihilism and modern totalitarianism. In doing so, he draws an implicit parallel between Kantian ethics of respect and autonomy, and the authoritarian constitutional theory of Carl Schmitt. This paper elucidates and evaluates this claim through an analysis of Agamben’s assertion that the legal condition of modernity is a nihilistic law that is ‘in force without significance’. I argue that the theoretical continuity between totalitarianism and (...)
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  • Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication.Rafał Mańko - forthcoming - Law and Critique.
    The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial decisions (...)
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  • The Political Challenges of the Posthumous Life.Giuliana Parotto - 2019 - Contemporary Political Theory 18 (4):211-218.
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  • The End of the 1951 Refugee Convention? Dilemmas of Sovereignty, Territoriality, and Human Rights.Seyla Benhabib - 2020 - Jus Cogens 2 (1):75-100.
    The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...)
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  • Gender Issues in Corporate Leadership.Devora Shapiro & Marilea Bramer - 2013 - Handbook of the Philosophical Foundations of Business Ethics:1177-1189.
    Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...)
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  • Carl Schmitt's Sovereign: A Critique.Ying Khai Liew - 2012 - Ratio Juris 25 (2):263-269.
  • Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering.Ming-Sung Kuo - 2010 - Ratio Juris 23 (3):390-410.
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  • Multiple Sovereignty: On Europe's Self-Constitutionalization and Legal Self-Reference.JIŘÍ PŘIBÁŇ - 2010 - Ratio Juris 23 (1):41-64.
    This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...)
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  • The Paradox of Constituent Power. The Ambiguous Self-Constitution of the European Union.Hans Lindahl - 2007 - Ratio Juris 20 (4):485-505.
  • Schmitt's Critique of Kelsenian Normativism.Sylvie Delacroix - 2005 - Ratio Juris 18 (1):30-45.
  • Bonhoeffer and Løgstrup: the Ethics of Disclosure in a State of Exception.Petra Brown & Patrick Stokes - 2018 - Sophia:1-18.
    Dietrich Bonhoeffer and Knud Ejler Løgstrup were WWII contemporaries: Lutheran theologians and religious figures in their respective German and Danish communities; both active in the anti-Nazi resistance. Being involved in the resistance, Bonhoeffer and Løgstrup were required to rethink what it meant to be ethical, in particular in relation to disclosure and the telling of truth, in a situation of war. In this paper, we consider the grounds on which both Løgstrup and Bonhoeffer acted, their belief in a duty or (...)
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  • Why Does the State Keep Coming Back? Neoliberalism, the State and the Archeon.James Martel - 2018 - Law and Critique 29 (3):359-375.
    In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law (...)
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  • Andrew Fiala: The Bloomsbury Companion to Political Philosophy: Bloomsbury Academic, New York, NY, 2015, 264 Pp + Index, $171.00 Hc. [REVIEW]Gregory McCreery - 2018 - Human Studies 41 (4):719-726.
  • Philosophy of Management Between Scientism and Technology.Enrico Beltramini - 2019 - Philosophy and Technology 32 (3):535-548.
    This article addresses the difficulty in pursuing a philosophical engagement with management without falling into the trap of scientism. It also explores the option to turn management theorists away from science to seek insights from technology. The article is organized in four parts: a preliminary discussion on management from a philosophical viewpoint, a crucial distinction between philosophy of management as a mode of inquiry and a field of study, an analysis of the risk of scientism in the current philosophical work (...)
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  • “To Be Human, Nonetheless, Remains a Decision”: Humanism as Decisionism in Contemporary Critical Political Theory.Diego H. Rossello - 2017 - Contemporary Political Theory 16 (4):439-458.
    This article suggests that humanism is a decisionism in contemporary critical political theory. Despite obvious and multiple differences, leading critical theorists like Giorgio Agamben, Slavoj Žižek, Eric Santner, and Jürgen Habermas, among others, share an investment in stabilizing the human being as a ground of the political. This stabilization of the human should concern political theorists, as this article argues, because it uncritically reproduces conceptual affinities between the notion of the human being and sovereign authority. By investing in the stability (...)
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  • Founding Acts: Constitutional Origins in a Democratic Age.Andro Kitus - 2018 - Contemporary Political Theory 17 (S2):66-69.
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  • The Katechon in the Age of Biopolitical Nihilism.Sergei Prozorov - 2012 - Continental Philosophy Review 45 (4):483-503.
    The article addresses the ‘messianic turn’ in contemporary continental philosophy, focusing on the concept of the katechon as the restraining force that delays the advent of the Antichrist in the Second Letter to the Thessalonians. While Carl Schmitt held the passage on the katechon to ground the Christian doctrine of state power, Giorgio Agamben’s reading of Pauline messianism rather posits the ‘removal’ of the katechon as the pathway for messianic redemption. In our argument, the significance of this text goes beyond (...)
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  • Beyond the Line: Violence and the Objectification of the Karitiana Indigenous People as Extreme Other in Forensic Genetics.Mark Munsterhjelm - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):289-316.
    Utilizing social semiotic approaches, this article addresses how genetic researchers’ organizing narratives have involved extensive ontological and epistemological violence in their objectification Karitiana Indigenous people of Western Brazil. The paper analyses how genetic researchers have represented the Karitiana in the US and Canadian courts, post-9/11 forensic identification technology development, and patents. It also considers disputes over the sale of Karitiana cell lines by the US National Institutes of Health-funded Coriell Cell Repositories. These case studies reveal how the prominent population geneticist (...)
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  • Carl Schmitt on the Secularisation of Religious Texts as a Resacralisation of Jurisprudence?Michael Salter - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (1):113-147.
    Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...)
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  • Futility Determination as a Process: Problems with Medical Sovereignty, Legal Issues and the Strengths and Weakness of the Procedural Approach. [REVIEW]Cameron Stewart - 2011 - Journal of Bioethical Inquiry 8 (2):155-163.
    Futility is not a purely medical concept. Its subjective nature requires a balanced procedural approach where competing views can be aired and in which disputes can be resolved with procedural fairness. Law should play an important role in this process. Pure medical models of futility are based on a false claim of medical sovereignty. Procedural approaches avoid the problems of such claims. This paper examines the arguments for and against the adoption of a procedural approach to futility determination.
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  • Why Carl Schmitt (and Others) Got Kant Wrong.Paola Romero - 2021 - Con-Textos Kantianos 1 (13):186-208.
    This essay traces the influence of Carl Schmitt on an interpretative tendency found in a number of contemporary readings of Kant’s political philosophy. This influence can be traced back to two basic commitments: the idea that Kant’s philosophy seeks to defend a pacifist and humanitarian ideal of history and progress, and that political conflict must, for this reason, be somehow pacified or eradicated. I argue that these ‘anti-conflict’ readings of Kant go astray in ignoring the systemic role conflict plays in (...)
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