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Homo Sacer: Sovereign Power and Bare Life

Stanford University Press (1998)

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  1. The Maternity Care Needs of Refugee and Asylum Seeking Women in Ireland.Jo Murphy-Lawless & Patricia Kennedy - 2003 - Feminist Review 73 (1):39-53.
    This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years of this (...)
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  • Potentiality, political protest and constituent power: A response to the special issue.Michael P. A. Murphy - 2019 - Journal of International Political Theory 16 (3):361-380.
    Emergent forms of political protest and constitution often provide limit cases for their contemporary theoretical models, and transnational protest movements from Occupy to Democracy in Europe 2025...
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  • Feats of Strength for Weak Utopianism: Giorgio Agamben, Educational Potentiality and the Studious Spatiality of the Active Learning Classroom.Michael P. A. Murphy - 2021 - Journal of Philosophy of Education 55 (1):204-214.
    Journal of Philosophy of Education, Volume 55, Issue 1, Page 204-214, February 2021.
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  • Active learning as destituent potential: Agambenian philosophy of education and moderate steps towards the coming politics.Michael P. A. Murphy - 2020 - Educational Philosophy and Theory 52 (1):66-78.
    Beginning in earnest in the late 1990s, educational researchers devoted increasing attention to the study of “active learning,” leading to a robust literature on the topic in the scholarship of teaching and learning. Meanwhile, during largely the same period, political theorists discovered the radical philosophy of Giorgio Agamben, which soon after began to ripple through more radical forms of philosophy of education. While both the SoTL works on active learning and writings of “Agambenian” philosophers of education have offered new insights (...)
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  • “Unfit for Life”: A Case Study of Protector-Protected Analogies in Recent Advocacy of Eugenics and Coercive Genetic Discrimination. [REVIEW]Mark Munsterhjelm - 2011 - Journal of Bioethical Inquiry 8 (2):177-189.
    This paper utilizes Iris Marion Young’s critical, post-9/11 reading of Thomas Hobbes, as a theorist of authoritarian government grounded in fear of threat (Young 2003). Applying Young’s reading of Hobbes to the high-profile ethicist Julian Savulescu’s advocacy of genetic enhancement reveals an underlying unjust discrimination in Savulescu’s use of patriarchal protector–protected analogies between family and state. First, the paper shows how Savulescu’s concept of procreative beneficence, in which parents use genetic selection to have children who will have the best lives (...)
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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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  • Creativity, Singularity and Techné: the Making and Unmaking of Modern Visual Objec.Warwick Mules - 2006 - Angelaki 11 (1):75 – 87.
    In an essay published in 1918, Walter Benjamin sets forth a task that will concern him for the rest of his life: The task of a future epistemology is to find for knowledge the sphere of total neutrality in regards to concepts of both subject and object; in other words, it is to discover the autonomous, innate sphere of knowledge in which this concept in no way continues to designate the relation between two metaphysical entities. (‘‘The Coming Philosophy’’ 104) Benjamin (...)
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  • Majesty and mercy: undocumented immigration, deferred removal action, and the spectacle of sovereign exceptionalism.Joanna Mosser - 2018 - Critical Review of International Social and Political Philosophy 21 (2):129-147.
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  • Between truth and hope: on Parkinson’s disease, neurotransplantation and the production of the ‘self’.Tiago Moreira & Paolo Palladino - 2005 - History of the Human Sciences 18 (3):55-82.
    In this article, we argue that contemporary biomedicine is shaped by two, seemingly incommensurable, organizational logics, the ‘regime of truth’ and the ‘regime of hope’. We articulate their features by drawing on debates sparked by the recent clinical trial of a new approach to the treatment of Parkinson’s Disease. We also argue that the ‘self’ is configured in the very same process whereby these two organizational logics interlock and become mutually dependent, so that the ‘self’ might be said to be (...)
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  • Body, biometrics and identity.Emilio Mordini & Sonia Massari - 2008 - Bioethics 22 (9):488-498.
    According to a popular aphorism, biometrics are turning the human body into a passport or a password. As usual, aphorisms say more than they intend. Taking the dictum seriously, we would be two: ourself and our body. Who are we, if we are not our body? And what is our body without us? The endless history of identification systems teaches that identification is not a trivial fact but always involves a web of economic interests, political relations, symbolic networks, narratives and (...)
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  • Crises of Derrida: Theodicy, Sacrifice and (Post-)deconstruction.Gerald Moore - 2012 - Derrida Today 5 (2):264-282.
    The last few years have seen the emergence of a more political, ‘post-Derridean’ generation, critical of the impotent messianism of the politics of deconstruction. As Žižek would have it: ‘Derrida's notion of ‘deconstruction as ethics’ seems to rely on a utopian hope which sustains the spectre of ‘infinite justice’, forever postponed, always to come’ (Žižek 2008: 225). The promise of redemption, it follows, would reside in an insubstantial promissory value, in the writing of irredeemable cheques that, if cashed in, could (...)
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  • The Molotov Milkshake: Corporate Social Responsibility and the Market.L. M. Moncrieff - 2011 - Law and Critique 22 (3):273-293.
    This article investigates links between the final scene—the milkshake scene—of P. T. Anderson’s film, ‘There Will Be Blood’, and a commercial advertisement for the sale of oil, which relies on a milkshake drinking analogy. The comparison probes a tension between the aspiration for capitalist economic growth and the self-regulation of corporate social responsibility. Business figures committed to the practice of CSR struggle with the possibility that deeper, systemic forms of violence inherent in market competition supersede their attempts at installing more (...)
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  • Making Meaning Out of Human/animal: Scientific Competition of Classifications in the Spanish Legislature.Ross Mitchell - 2010 - Bulletin of Science, Technology and Society 30 (3):205-213.
    In the summer of 2008, the Spanish legislature resolved to grant great apes (though not all simians) basic human rights. While the decision to grant such rights came about largely through the lobbying efforts of the Great Ape Project (GAP), the decision has potential reverberations throughout the scientific world and beyond in its implications for shaping determinations of “what is human.” Such implications do not appear to be lost on various groupings of scientists who have spoken about their opinions about (...)
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  • Rights and the human condition of non-sovereignty: Rethinking Arendt’s critique of human rights with Rancière and Balibar.Omri Shlomov Milson - forthcoming - Philosophy and Social Criticism.
    If the instance of human rights cannot ensure the protection of the rightless, as Arendt famously claimed, how can the rightless struggle for freedom and equality? In this essay, I attempt to answer this question by reconsidering Arendt’s influential critique of human rights in light of the two polar responses it evoked from contemporary French philosophers Jacques Rancière and Étienne Balibar. Rancière, who objects to Arendt’s delimiting of the political, finds her argument excluding and dangerous. Balibar, on the other hand, (...)
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  • Paul against Biopolitics.John Milbank - 2008 - Theory, Culture and Society 25 (7-8):125-172.
    As others have argued, modern liberalism can be seen as dominated by the biopolitical. In both the economic and the political realms, this involves a contradictory notion of how the natural gives rise to the cultural and the cultural both suppresses and advances the natural. On either side of this divide, uncontrollable excesses arise, which ensure that this immanentist model is never immune from the return of the theopolitical in a bastardized form. Antique notions of natural justice to some degree (...)
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  • Protestantism and Authoritarianism: Weber's Secondary Problem.Milan Zafirovski - 2010 - Journal for the Theory of Social Behaviour 40 (2):162-189.
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  • “What Are We Busy Doing?”: Engaging the Idiot.Mike Michael - 2012 - Science, Technology, and Human Values 37 (5):528-554.
    Engagement events—whether interviews, installations, or participatory encounters—can entail a range of happenings which, in one way or another, “overspill” the empirical, analytic, or political framing of those engagement events. This article looks at how we might attend to these overspills—for instance, forms of “misbehavior” on the part of lay participants—not only to provide accounts of them but also to explore ways of deploying them creatively. In particular, Stengers’ figure of the “idiot” is proposed as a device for deploying those overspills (...)
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  • Introduction.Sandro Mezzadra & Heidrun Friese - 2010 - European Journal of Social Theory 13 (3):299-313.
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  • ‘To Give an Example is a Complex Act’: Agamben’s pedagogy of the paradigm.Jacob Meskin & Harvey Shapiro - 2014 - Educational Philosophy and Theory 46 (4):421-440.
    Agamben’s notion of the ‘paradigm’ has far-reaching implications for educational thinking, curriculum design and pedagogical conduct. In his approach, examples—or paradigms—deeply engage our powers of analogy, enabling us to discern previously unseen affinities among singular objects by stepping outside established systems of classification. In this way we come to envision novel groupings, new patterns of connection—that nonetheless do not simply reassemble those singular objects into yet another rigidly fixed set or class. Agamben sees this sort of ‘paradigmatic understanding’ as our (...)
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  • Senseless Violence: Liminality and Intertwining.James Mensch - 2017 - The European Legacy 22 (6):667-686.
    The claim of this article is that the perpetrators of violence are “liminal” figures, being inside and yet outside of the world in which they act. It is this liminality, this existing on the border, that makes their violence senseless. Because of it, their actions can be understood in terms neither of the actual reality of their victims nor of the imagined reality that the perpetrators placed them in. Sense, here, fails, for the lack of a common frame. Liminality exists (...)
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  • Scholar’s Symposium: The Work of Angela Y. Davis: The Prison Contract and Surplus Punishment: On Angela Y. Davis’s Abolitionism. [REVIEW]Eduardo Mendieta - 2007 - Human Studies 30 (4):291-309.
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  • Socio-structural Injustice, Racism, and the COVID-19 Pandemic: A Precarious Entanglement among Black Immigrants in Canada.Joseph Mensah & Christopher J. Williams - 2022 - Studies in Social Justice 16 (1):123-142.
    As several commentators and researchers have noted since late spring 2020, COVID-19 has laid bare the connections between entrenched structurally generated inequalities on one hand, and on the other hand relatively high degrees of susceptibility to contracting COVID-19 on the part of economically marginalized population segments. Far from running along the tracks of race neutrality, studies have demonstrated that the pandemic is affecting Black people more than Whites in the U.S.A. and U.K., where reliable racially-disaggregated data are available. While the (...)
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  • Reversing Schmitt: The sovereign as a guardian of rational pluralism and the peculiarity of the Islamic state of exception in al-Juwaynī’s dialectical theology.Ahmed Abdel Meguid - 2017 - European Journal of Political Theory 19 (4):489-511.
    This study presents an Islamic conception of sovereignty from mainstream Sunni theology by closely examining Ghiyāth al-umam fī iltyāth aẓ-ẓulam, the major political work of Abū al-Ma‘ālī al-Juwayn...
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  • Sport and Politics in the Twenty-First Century.Sandra Meeuwsen & Lev Kreft - 2022 - Sport, Ethics and Philosophy 17 (3):342-355.
    ABSTRACT In this article, we address the aporia(s) of the Olympic discourse produced by the troubled split between sport and politics. To start our argument, we will show that sporting governing bodies continuously insist that they are still on the other side of any kind of politics. Guided by Aristotle, who presented the reciprocity of ethics and politics, we will unveil the fallacy of this discourse. In a short genealogy of the relationship between sport, ethics, and politics, we will highlight (...)
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  • Sport and Politics in the Twenty-First Century.Sandra Meeuwsen & Lev Kreft - 2022 - Sport, Ethics and Philosophy 17 (3):342-355.
    ABSTRACT In this article, we address the aporia(s) of the Olympic discourse produced by the troubled split between sport and politics. To start our argument, we will show that sporting governing bodies continuously insist that they are still on the other side of any kind of politics. Guided by Aristotle, who presented the reciprocity of ethics and politics, we will unveil the fallacy of this discourse. In a short genealogy of the relationship between sport, ethics, and politics, we will highlight (...)
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  • The question of belonging: Towards an affirmative biopolitics.Ryan McVeigh - 2013 - Thesis Eleven 119 (1):78-90.
    Relations of belonging are at the heart of biopolitical analysis. They determine, at the biological level, who is included in the polis and who is excluded from it. More abstractly, belonging is the conceptual mechanism of classification. By examining the specific relations of belonging within the biopolitical paradigms of four key works – Durkheim’s Elementary Forms of Religious Life, Girard’s Violence and the Sacred, Agamben’s Homo Sacer, and Esposito’s Bios – this article will highlight the dynamic of classification at the (...)
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  • Agamben’s Fictions.Colin McQuillan - 2012 - Philosophy Compass 7 (6):376-387.
    This article argues that Agamben’s conception of fiction is crucial for understanding his recent works. I suggest that the key to understanding Agamben conception of fiction is to be found in a few curious remarks at the end of Language and Death. These remarks explain why the distinctions between life and death, animal life and human life, bare life and political forms of life, the outlaw and the sovereign, and the norm and the exception that continue to preoccupy Agamben are (...)
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  • Cosmopolitan Exception.Susan McManus - 2013 - Journal of International Political Theory 9 (2):101-135.
    There has been a resurgence of interest in cosmopolitanism in contemporary political theory, based upon the hopeful premise that it heralds an ameliorative response to the malignity of sovereignty's lack and the treacherous violence of sovereignty's excess. The promise of cosmopolitanism inheres in the claim that state sovereignty is and should be supplemented by an international system backed by the legitimacy of international law, grounded in the sovereignty of human rights. Drawing upon Foucault and Agamben, my argument in this essay (...)
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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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  • Rethinking Agamben: Ontology and the Coming Politics: Abbott, Mathew. 2014. The figure of this world: Agamben and the question of political ontology. Edinburgh: Edinburgh University Press. Whyte, Jessica. 2013. Catastrophe and Redemption: the political thought of Giorgio Agamben. New York: SUNY Press.Daniel Mcloughlin - 2014 - Law and Critique 25 (3):319-329.
    Giorgio Agamben’s work has often been criticised for being bleak, pessimistic, and of little use for thinking about political action. This image of Agamben has, however, resulted from a narrow reading of the Homo Sacer project that isolates it from his early thought on language and ontology. This essay draws on new works by Mathew Abbott and Jessica Whyte to explore the ways that Agamben attempts to think the conditions for overcoming the political nihilism of the present. It argues that (...)
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  • Pandemic abandonment, panoramic displays and fascist propaganda: The month the earth stood still.Peter McLaren - 2022 - Educational Philosophy and Theory 54 (2):121-130.
    In early June, 2020, Fox News displayed for viewers a color-coded graph that compared the amounts that the stock market had risen in the aftermath of major racial tragedies, including the assassina...
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  • Post-Marxism and the Politics of Human Rights: Lefort, Badiou, Agamben, Rancière.Daniel McLoughlin - 2016 - Law and Critique 27 (3):303-321.
    Recent histories of human rights have shown that the turn to human rights as a form of politics occurred as a placeholder for utopian energies at the end of history, coinciding with a retreat of the organised left, the abandonment of the theme of revolution, and the pluralisation of political struggles. This essay examines the way that radical continental theory has responded to the political hegemony of human rights by focusing on ‘post-Marxist’ thought. Examining the work of four influential critics (...)
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  • On Political and Economic Theology: agamben, peterson, and aristotle.Daniel McLoughlin - 2015 - Angelaki 20 (4):53-69.
    Giorgio Agamben's The Kingdom and the Glory opens by intervening in a debate between the jurist Carl Schmitt and the theologian Erik Peterson. Peterson's “Monotheism as a Political Problem” undermined Schmitt's thesis that the modern concept of sovereignty derives from Christian theology by arguing that divine monarchy is a Judaic and Greek idea that was liquidated by the doctrine of the Trinity. Agamben, by contrast, argues that the Trinity preserves and transforms the model of divine monarchy by casting God as (...)
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  • From voice to infancy Giorgio Agamben on the existence of language.Daniel McLoughlin - 2013 - Angelaki 18 (4):149-164.
    The main concern of Agamben's work, prior to the Homo Sacer project, is how to understand the existence of or potentiality for language. Contemporary philosophy casts language as the unsayable presupposition of discourse. Agamben criticises this as an incomplete nihilism that remains within the horizon of metaphysics, and attempts to think the experience of language without an unsayable ground. I examine Agamben's critique of the role of the ineffable in the theory of the subject, and in the thought of Heidegger (...)
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  • The Dilemma of Democracy: Collusion and the State of Exception.Mark McGovern - 2011 - Studies in Social Justice 5 (2):213-230.
    In what sense might the authoritarian practices and suspension of legal norms as means to combat the supposed threat of “terrorism,” within and by contemporary western democratic states, be understood as a problem of and not for democracy? That question lies at the heart of this article. It will be explored through the theoretical frame offered in the work of Giorgio Agamben on the state of exception and the example of British state collusion in non-state violence in the North of (...)
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  • Foucault, Politics, and Violence.Corey McCall - 2013 - Comparative and Continental Philosophy 5 (2):199-211.
    Oksala’s book is the latest in a series of attempts to examine Foucault’s work during the late 1970s. We can delineate two clear trends in recent Foucault scholarship on this period: the first trend provides analyses and evaluations of this period while asecond trend attempts to apply Foucault’s analyses of these key concepts to contemporary society. Oksala’s book attempts to do both, although if forced to choose one would have to place it more firmly in the first camp than the (...)
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  • Race, Reproduction, and Biopolitics: A Review Essay.Christopher Mayes - 2021 - Journal of Bioethical Inquiry 18 (1):99-107.
    This review essay critically examines Catherine Mills’s Biopolitics and Camisha Russell’s The Assisted Reproduction of Race. Although distinct works, the centrality of race and reproduction provides a point of connection and an opening into reframing contemporary debates within bioethics and biopolitics. In reviewing these books together I hope to show how biopolitical theory and critical philosophy of race can be useful in looking at bioethical problems from a new perspective that open up different kinds of analyses, especially around historically embedded (...)
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  • Review Essay: Entanglements: Barbed Wire and Sociology.Steve Matthewman - 2008 - Thesis Eleven 92 (1):108-121.
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  • White Space and Dark Matter: Prying Open the Black Box of STS.Michael Mascarenhas - 2018 - Science, Technology, and Human Values 43 (2):151-170.
    To a packed audience in Clark Hall, Sheila Jasanoff, a distinguished scholar and former president of the Society for Social Studies of Science, gave the plenary address for “Where has STS Traveled,” a commemorative gathering of the fortieth anniversary of the inaugural meeting of the 4S. Not only was this meeting located in the very same room as the first gathering, but also many of the original members had traveled from far and wide to Cornell University to reminisce and reflect (...)
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  • National Enterprise Emergency.Brian Massumi - 2009 - Theory, Culture and Society 26 (6):153-185.
    The figure of today’s threat is the suddenly irrupting, locally self-organizing, systemically self-amplifying threat of large-scale disruption. This form of threat, fed by instability and metastability, is not only indiscriminate, it is also indiscrimin able; it is indistinguishable from the general environment. The figure of the environment shifts: from the harmony of a natural balance to the normality of a generalized crisis environment so encompassing in its endemic threat-form as to connect, across the spectrum, the polar extremes of war and (...)
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  • Education in times of fast learning: the future of the school.Jan Masschelein & Maarten Simons - 2015 - Ethics and Education 10 (1):84-95.
    Against the background of the many attacks on the school as being outdated, alienating, ineffective and reproducing inequalities we offer a morphological understanding of the school as distinguished from functionalist understandings and idealistic understandings. Our educational morphology approaches the school as a particular scholastic ‘form of gathering’ i.e. a particular time–space–matter arrangement that deals in a specific way with the new generation, allows for a particular relation to the world, and for a particular experience of potentiality and of commonality. We (...)
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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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  • Machiavelli contra governmentality.Robyn Marasco - 2012 - Contemporary Political Theory 11 (4):339-361.
    Although Machiavelli would appear to be only a minor figure in Foucault's genealogy of modernity, this article examines his 1977–1978 lectures at the Collège de France and argues that the author of The Prince plays a pivotal role in the development of ‘governmental reason’ and its critique. These lectures indicate how The Prince serves as the negative touchstone for the emergence of an extensive and evolving discourse on government, confirming that Machiavelli was more than a passing interest for Foucault. I (...)
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  • L’avventura del progetto e il destino dell’uomo.Nicola Marzot - 2019 - Rivista di Estetica 71:148-172.
    La tesi che si intende discutere è che il progetto sia l’intima essenza dell’uomo. I primi argomenti a suo favore non vanno tuttavia ricercati nella riflessione antropologica, in quanto il “discorso dell’uomo sull’uomo” presume il suo stesso oggetto di ricerca, rischiando di “avvitarsi” in un circolo vizioso senza uscita. Non è casuale che, in tal senso, le intuizioni più illuminanti siano state espresse attraverso il linguaggio mito-poietico. Già nel Protagora Platone, con le figure di Prometeo e di Epimeteo, mette in (...)
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  • Italian thought and social theory: Thinking with ‘pre-modernity’ beyond ‘post-modernity’.Danilo Martuccelli & Paola Rebughini - 2017 - Thesis Eleven 140 (1):56-73.
    The aim of this article is to explore how, and to what extent, Italian thought – by its focalization on pre-modern theoretical issues and its distance from classical modern topics, such as the philosophy of conscience or the transcendence of language – can offer a different insight on contemporary social theory and critical theory, after the dissolution of the idea of totality as a foundational concept of modernity. In the last decades, a frame named ‘Italian theory’ has started to circulate (...)
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  • Can We Do Away with Sacrifice?James R. Martel - 2006 - Political Theory 34 (6):814-820.
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  • Pessimistic futurism: Survival and reproduction in Octavia Butler’s Dawn.Justin Louis Mann - 2018 - Feminist Theory 19 (1):61-76.
    This article examines the critical work of Octavia Butler’s speculative fiction novel Dawn, which follows Lilith Ayapo, a black American woman who is rescued by an alien species after a nuclear war destroys nearly all life on Earth. Lilith awakens 250 years later and learns that the aliens have tasked her with reviving other humans and repopulating the planet. In reframing Reagan-era debates about security and survival, Butler captured the spirit of ‘pessimistic futurism’, a unique way of thinking and writing (...)
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  • No Gods, No Masters, No Coders? The Future of Sovereignty in a Blockchain World.Sarah Manski & Ben Manski - 2018 - Law and Critique 29 (2):151-162.
    The building of the blockchain is predicted to harken the end of the contemporary sovereign order. Some go further to claim that as a powerful decentering technology, blockchain contests the continued functioning of world capitalism. Are such claims merited? In this paper we consider sovereignty and blockchain technology theoretically, posing possible futures for sovereignty in a blockchain world. These possibilities include various forms of individual, popular, technological, corporate, and techno-totalitarian state sovereignty. We identify seven structural tendencies of blockchain technology and (...)
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  • Fatal portraits.Peter Mantello - 2021 - Sign Systems Studies 49 (3-4):566-589.
    For the modern-day jihadist, the digital self-portrait or, more specifically, battlefield selfie is a popular tool for identity building. Similarly to the selfies taken by non-violent practitioners of self-capture culture, the jihadist selfie represents an alternative to the Cartesian formulation of a unitary and indivisible self. Rather, it is a product of social relations and performative actions, constituted in dialogue with others through very specific socio-cultural frameworks and expectations. However, unlike its non-violent Doppelganger, the expectations of this dialogue are centred (...)
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  • Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication.Rafał Mańko - 2022 - Law and Critique 33 (2):175-194.
    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 (antagonisms) 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 (...)
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