E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for "self-clarification" in hopes of adding "stimulus and material for further discussion." A third edition was printed in 1927. Pashukanis's "commodity-exchange" theory of law (...) spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was "rehabilitated" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres. In his new introduction, Dragan Milovanovic discusses the life of Pashukanis, Marx and the commodity-exchange theory of law, and the historical lessons of Pashukanis's work. This book will be of interest to sociologists, criminologists, and political scientists interested in issues of law and Marxism. (shrink)

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

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"Is there any such thing as political philosophy?" So begins this provocative book by one of the foremost figures in Continental thought. Here, Jacques Ranciere brings a new and highly useful set of terms to the vexed debate about political effectiveness in the face of a new world order. What precisely is at stake in the relationship between "philosophy" and the adjective "political"? In Disagreement, Ranciere explores the apparent contradiction between these terms and reveals the uneasy meaning of their union (...) in the phrase "political philosophy" -- a juncture related to age-old attempts in philosophy to answer Plato's devaluing of politics as a "democratic egalitarian" process. According to Ranciere, the phrase also expresses the paradox of politics itself: the absence of a proper foundation. Politics, he argues, begins when the "demos" (the "excessive" or unrepresented part of society) seeks to disrupt the order of domination and distribution of goods "naturalized" by police and legal institutions. In addition, the notion of "equality" operates as a game of contestation that constantly substitutes litigation for political action and community. This game, Ranciere maintains, operates by a primary logic of "misunderstanding". In turn, political philosophy has always tried to substitute the "politics of truth" for the politics of appearances. Disagreement investigates the various transformations of this regime of "truth" and their effects on practical politics. Ranciere then distinguishes what we mean by "democracy" from the practices of a consensual system in order to unravel the ramifications of the fashionable phrase "the end of politics". His conclusions will be of interest toreaders concerned with political questions from the broadest to the most specific and local. (shrink)

This paper first outlines the phenomenon of climate-induced displacement, with a focus on displacement from small island States (particularly in the Pacific), on which the impacts of climate change are well documented and keenly felt (although the challenges manifested there have parallels in vastly different contexts). The paper next reviews how existing international law applies to those displaced or at risk of displacement from the effects of climate change. Having identified the limitations of existing international law in responding to the (...) needs of those displaced by climate change, this paper then focuses on whether the emerging concepts of 'human security' and the 'responsibility to protect' could provide useful frameworks for identifying and analyzing the rights and interests at risk and for crafting responses to those risks. (shrink)