International Criminal Law: Using or Abusing Legality?
In: International and Comparative Criminal Justice
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In: International and Comparative Criminal Justice
In: International and comparative criminal justice
In: International and comparative criminal justice
The study is located within international law and seeks to determine whether prosecuting the crime of aggression would necessarily entail an abuse of the legal process. Issues discussed in the book are the controversies over the location of debating the crime of aggression in either law or politics and the legal approach to the problems outlined. The application of the legal method is also examined. Taking examples from Libya, the Ivory Coast and Kenya, the work is of interest to those working in the areas of international criminal justice, international law, legal theory, and international re.
Giorgio Agamben proffers Bartleby's phrase "I prefer not to" as a model for paralyzing apparatuses of power rather than slave mutiny leader Babo's phrase "follow your leader." This article compares the strategies embodied in these characters from Herman Melville's work of non-cooperation with versus violent resistance to violence. it argues that because the slave-figure is the shadow image of the free human in liberal democratic thought, violence is an illusory basis for emancipation. Such violence would not only be a mimicry of the oppressor by the oppressed but also relies on political theodicy in justifying violence as a necessary evil.
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In: Pólemos: journal of law, literature and culture, Band 15, Heft 1, S. 15-35
ISSN: 2036-4601
Abstract
It is a mystery as to why more is not made of the influence of Johann Wolfgang von Goethe's Faust on Italian philosopher Giorgio Agamben's body of work. After all, as a great philosophical poet, and tremendously concerned with language, Goethe's work could not have failed to capture Agamben's attention, especially given his early and sustained interest in poetry. Indeed, Agamben cites Goethe in at least 12 of his works including: The Use of Bodies, Creation and Anarchy, Pilate and Jesus, The Kingdom and the Glory, Homo Sacer, The Signature of All Things, Stanzas, The End of the Poem, Potentialities, Karman, Adventure and Infancy and History. Crucially, the last five reference Goethe's Faust directly. Thus, this paper seeks to remedy the relative lack of explicit engagement and demonstrate the strong, clear and persistent influence of Goethe's Faust that underpins Agamben's signature philological and philosophical approach to literarily explicating law's foundational riddles. Agamben's Homo Sacer, project – it must be recalled – quite accidentally began in part as a direct response to the legalistic justifications for the 1990–91 Gulf War. The present discussion seeks to demonstrate that Goethean influence ironically enough through a close examination of both Faust's and Agamben's attempts at partially translating a biblical phrase: 'in the beginning was the word'.
In: Law, culture & the humanities, Band 18, Heft 1, S. 4-19
ISSN: 1743-9752
Giorgio Agamben proffers Bartleby's phrase "I prefer not to" as a model for paralyzing apparatuses of power rather than slave mutiny leader Babo's phrase "follow your leader." This article compares the strategies embodied in these characters from Herman Melville's work of non-cooperation with versus violent resistance to violence. it argues that because the slave-figure is the shadow image of the free human in liberal democratic thought, violence is an illusory basis for emancipation. Such violence would not only be a mimicry of the oppressor by the oppressed but also relies on political theodicy in justifying violence as a necessary evil.
In: International and comparative criminal justice
In: International and comparative criminal justice
In: TechNomos: law, technology, and culture
"In 1918 a young Carl Schmitt published a short satirical fiction The Buribunks. He imagined a future society of beings who consistently wrote and disseminated their personal diaries. Schmitt would go on to become the infamous philosopher of the exception and for a while the 'Crown Jurist of the Third Reich.' The Buribunks - ironically for beings that lived only for self-memorialisation - has been mostly lost to history. However, the digital with its emphasis on the informatic traces generated by human doing and the continual interest in Schmitt's work to explain and criticise contemporary constellations of power, suggest that The Buribunks is a text whose epoch has come. This volume includes the first full translation into English of The Buribunks and a selection of critical essays on the text, its meanings in the digital present, its playing with and criticism of the literary form and its place within Schmitt's life and work. The Buribunks and the essays provide a complex, critical and provocative invitation to reimagine the relations between the human and their imprint and legacy within archives and repositories. There is a fundamental exploration of what it means to be a being intensely aware that it means to be 'writing itself.' This is not just a volume for critical lawyers, literary scholars and the Schmitt literati. It is a volume that challenges a broad range of disciplines, from philosophy to critical data studies, to reflect on the digital present and its assembled and curated beings. It is a volume that provides a set of fantastically located concepts, images and histories that traverse ideas and practices, play and politics, power and possibility"--
In: Routledge socio-legal frontiers of transitional justice
In: A GlassHouse book