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Law and Agonistic Politics

Law and Agonistic Politics
Author: Andrew Schaap
Publisher: Routledge
Total Pages: 242
Release: 2016-04-15
Genre: Law
ISBN: 1317107926

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The Ancient Greek notion of agonism, meaning struggle, has been revived in radical legal and political theory to rethematize class conflict and to conceptualize the conditions of possibility of freedom and social transformation in contemporary society. Insisting that what is ultimately at stake in politics are the terms in which social conflict is represented, agonists highlight the importance of the strategic, affective and aesthetic aspects of politics for democratic praxis. This volume examines the implications of this critical perspective for understanding law and considers how law serves either to sustain or curtail the democratic agon. While sharing a critical perspective on the deliberative turn in legal and political theory and its tendency to depoliticize social conflict, the various contributors to this volume diverge in arguing variously for pragmatic, expressivist or strategic conceptions of agonism. In doing so they question the glib assumptions that often underlie a sometimes too easy celebration of conflict as an antidote to de-politicizing consensus. This thought provoking volume will be of interest to students and researchers working in legal and political theory and philosophy.


The Law of Deliberative Democracy

The Law of Deliberative Democracy
Author: Ron Levy
Publisher: Routledge
Total Pages: 271
Release: 2016-11-03
Genre: Law
ISBN: 1134502060

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Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.


Emergency Politics

Emergency Politics
Author: Bonnie Honig
Publisher: Princeton University Press
Total Pages: 218
Release: 2011-08-28
Genre: Political Science
ISBN: 0691152594

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This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.


Judith Butler

Judith Butler
Author: Elena Loizidou
Publisher: Routledge
Total Pages: 230
Release: 2006-09
Genre: Feminist theory
ISBN: 9781845680633

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It is undisputed that Judith Butler is the philosopher who invited us to think and imagine the subject as the effect of gender processes and practices. Over the last twenty years critical legal scholarship engaged either overtly or covertly with the question of the legal subject. And in this book, Elena Loizidou takes up Judith Butler's work as a reading of how the legal subject is formed. The most dominant notion of the legal subject within critical legal studies is one that is primarily pre-political, a-historical and spirit. As Loizidou argues, however, Butler returns this notion of the legal subject to its materiality and its embodiment; challenging legal scholarship to re-think its understanding of the subject and of its effects.


Becoming Political

Becoming Political
Author: Christopher Skeaff
Publisher: University of Chicago Press
Total Pages: 189
Release: 2018-06-25
Genre: Philosophy
ISBN: 022655550X

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In this pathbreaking work, Christopher Skeaff argues that a profoundly democratic conception of judgment is at the heart of Spinoza’s thought. Bridging Continental and Anglo-American scholarship, critical theory, and Spinoza studies, Becoming Political offers a historically sensitive, meticulous, and creative interpretation of Spinoza’s texts that reveals judgment as the communal element by which people generate power to resist domination and reconfigure the terms of their political association. If, for Spinoza, judging is the activity which makes a people powerful, it is because it enables them to contest the project of ruling and demonstrate the political possibility of being equally free to articulate the terms of their association. This proposition differs from a predominant contemporary line of argument that treats the people’s judgment as a vehicle of sovereignty—a means of defining and refining the common will. By recuperating in Spinoza’s thought a “vital republicanism,” Skeaff illuminates a line of political thinking that decouples democracy from the majoritarian aspiration to rule and aligns it instead with the project of becoming free and equal judges of common affairs. As such, this decoupling raises questions that ordinarily go unasked: what calls for political judgment, and who is to judge? In Spinoza’s vital republicanism, the political potential of life and law finds an affirmative relationship that signals the way toward a new constitutionalism and jurisprudence of the common.


The Return of the Political

The Return of the Political
Author: Chantal Mouffe
Publisher: Verso Books
Total Pages: 224
Release: 2020-04-07
Genre: Philosophy
ISBN: 1788739442

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In this work, Mouffe argues that liberal democracy misunderstands the problems of ethnic, religious and nationalist conflicts because of its inadequate conception of politics. He suggests that the democratic revolution may be jeopardized by a lack of understanding of citizenship, community and pluralism. Mouffe examines the work of Schmidt and Rawls and explores feminist theory, in an attempt to place the project of radical and plural democracy on a more adequate foundation than is provided by liberal theory.


The Oxford Handbook of Political Theory

The Oxford Handbook of Political Theory
Author: John S. Dryzek
Publisher: Oxford University Press
Total Pages: 898
Release: 2008-06-12
Genre: Philosophy
ISBN: 0199548439

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Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.


The Democratic Paradox

The Democratic Paradox
Author: Chantal Mouffe
Publisher: Verso Books
Total Pages: 154
Release: 2020-05-05
Genre: Philosophy
ISBN: 1789604710

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From the theory of 'deliberative democracy' to the politics of the 'third way', the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jrgen Habermas on one side, and the political tenets of Blair, Clinton and Schrder on the other, Mouffe brings to the fore the paradoxical nature of modern liberal democracy in which the category of the 'adversary' plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings.


Institutionalizing Agonistic Democracy

Institutionalizing Agonistic Democracy
Author: Ed Wingenbach
Publisher: Routledge
Total Pages: 238
Release: 2016-05-23
Genre: Political Science
ISBN: 1317115724

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The first book length study of agonism as a mature account of democratic politics, Institutionalizing Agonistic Democracy provides a lucid overview of agonistic democratic theories and demonstrates the viability of this approach for institutional politics. Situating agonistic democracy within and against debates about radical democracy, foundationalism, liberal democracy, and pluralism, Institutionalizing Agonistic Democracy engages the texts of Mouffe, Connolly, Ranciere, Tully, Honig, Owen, and others to fully map the contours of agonistic democratic theories. Organizing this diverse literature into a coherent typology enables sophisticated analysis of the assumptions, distinctions, and aspirations of the often conflicting theoretical positions gathered within the constellation of agonistic democratic theory. Using this framework to explore the concrete institutional possibilities appropriate to agonistic democracy, Wingenbach argues that a modified version of Rawlsian political liberalism describes the institutional conditions most likely to sustain agonistic political practices. Once shorn of metaphysical commitments and detached from aspirations to consensus, political liberalism offers a contingent and historically viable framework within which agonistic contestation can occur. Such a reinterpretation of Rawls produces not the sublimation of agonism but a transformation of liberalism, so that it more adequately accommodates the deep pluralism of the post-foundational condition.


Agonistic Democracy

Agonistic Democracy
Author: Mark Wenman
Publisher: Cambridge University Press
Total Pages: 353
Release: 2013-09-26
Genre: Philosophy
ISBN: 1107003725

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A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.