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  1. ‘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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  • Laws, Exceptions, Norms: Kierkegaard, Schmitt, and Benjamin on the Exception.Rebecca Gould - 2013 - Telos: Critical Theory of the Contemporary 2013 (162):77-96.
    The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...)
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  • The Challenge of Carl Schmitt.Chantal Mouffe - 2003 - Tijdschrift Voor Filosofie 65 (1):158-159.
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  • States of Injury: Power and Freedom in Late Modernity.Wendy Brown - 1995 - Princeton University Press.
    Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one (...)
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  • (1 other version)Martin Heidegger and European Nihilism.Karl Loewith - 1996 - Philosophy East and West 46:597-597.
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