Book picks similar to
General Theory of Law and State by Hans Kelsen
law
philosophy
direito
jurisprudence
Carceral Capitalism
Jackie Wang - 2017
When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police?—from Carceral CapitalismIn this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible.Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.
The Origin of the Family, Private Property and the State
Friedrich Engels - 1884
This suggestion, coming from the pulpit, platform and press, has hypnotized the minds of men and proves to be one of the strongest pillars of exploitation. The history of the family dates from 1861, the year of the publication of Bachofen's Mutterrecht (maternal law) Engles makes the following propositions: 1. That in the beginning people lived in unrestricted sexual intercourse, which he dubs, not very felicitously, hetaerism. 2. That such an intercourse excludes any absolutely certain means of determining parentage; that consequently descent could only be traced by the female line in compliance with maternal law; and that this was universally practiced by all the nations of antiquity. 3. That consequently women as mothers, being the only well known parents of younger generations, received a high tribute of respect and deference, amounting to a complete women's rule (gynaicocracy), according to Bachofen's idea. 4. That the transition to monogamy, reserving a certain woman exclusively to one man, implied the violation of the primeval religious law (i.e., practically a violation of the customary right of all other men to the same woman), which violation had to be atoned for its permission purchased by the surrender of the women to the public for a limited time.
The Need for Roots: Prelude to a Declaration of Duties towards Mankind
Simone Weil - 1949
In 1943, the final year of her life, unable to join the resistance movement in France, she worked in London for the Free French government in exile. Here she was commissioned to outline a plan for the renewal of Europe after the scourge of Nazism. The Need for Roots was the direct result. In it she seized the opportunity to denounce the false values of contemporary civilisation. In the cult of materials she witnessed a devastating loss of spirit and consequently of human values. To counteract this she sets out a radical vision for spiritual and political renewal with a passion for truth which sweeps through these pages. The book has become a lasting spiritual testament for our age, where we are confronted, as T.S. Eliot comments, by a 'genius akin to that of the saints'.
Of Woman Born: Motherhood as Experience and Institution
Adrienne Rich - 1976
The experience is her own - as a woman, a poet, a feminist, and a mother - but it is an experience determined by the institution, imposed in its many variations on all women everywhere. She draws on personal materials, history, research, and literature to create a document of universal importance.One of our most distinguished poets, ADRIENNE RICH was born in Baltimore in 1929. Over the last forty years she has published more than seventeen volumes of poetry and five books of nonfiction prose, including Arts of the Possible: Essays and Conversations; On Lies, Secrets, and Silence: Blood, Bread, and Poetry; and What is Found There: Notebooks on Poetry and Politics. She has received numerous awards, including the Ruth Lilly Prize, the Lambda Book Award, the National Book Award, and the Lannan Foundation Lifetime Achievement Award. She lives in California.
Dialectic of Enlightenment: Philosophical Fragments
Theodor W. Adorno - 1944
Written during the Second World War and circulated privately, it appeared in a printed edition in Amsterdam in 1947. "What we had set out to do," the authors write in the Preface, "was nothing less than to explain why humanity, instead of entering a truly human state, is sinking into a new kind of barbarism."Yet the work goes far beyond a mere critique of contemporary events. Historically remote developments, indeed, the birth of Western history and of subjectivity itself out of the struggle against natural forces, as represented in myths, are connected in a wide arch to the most threatening experiences of the present. The book consists in five chapters, at first glance unconnected, together with a number of shorter notes. The various analyses concern such phenomena as the detachment of science from practical life, formalized morality, the manipulative nature of entertainment culture, and a paranoid behavioral structure, expressed in aggressive anti-Semitism, that marks the limits of enlightenment. The authors perceive a common element in these phenomena, the tendency toward self-destruction of the guiding criteria inherent in enlightenment thought from the beginning. Using historical analyses to elucidate the present, they show, against the background of a prehistory of subjectivity, why the National Socialist terror was not an aberration of modern history but was rooted deeply in the fundamental characteristics of Western civilization.Adorno and Horkheimer see the self-destruction of Western reason as grounded in a historical and fateful dialectic between the domination of external nature and society. They trace enlightenment, which split these spheres apart, back to its mythical roots. Enlightenment and myth, therefore, are not irreconcilable opposites, but dialectically mediated qualities of both real and intellectual life. "Myth is already enlightenment, and enlightenment reverts to mythology." This paradox is the fundamental thesis of the book.This new translation, based on the text in the complete edition of the works of Max Horkheimer, contains textual variants, commentary upon them, and an editorial discussion of the position of this work in the development of Critical Theory.
The Mass Psychology of Fascism
Wilhelm Reich - 1933
"Fascism is only the organized political expression of the structure of the average man's character. It is the basic emotional civilization and its mechanistic-mystical conception of life."Responsibility for the elimination of fascism thus results with the masses of average people who might otherwise support and champion it.
All That Is Solid Melts Into Air: The Experience of Modernity
Marshall Berman - 1982
In this unparalleled book, Marshall Berman takes account of the social changes that swept millions of people into the capitalist world and the impact of modernism on art, literature and architecture. This new edition contains an updated preface addressing the critical role the onset of modernism played in popular democratic upheavals in the late 1920s.
Écrits
Jacques Lacan - 1966
This new translation of his complete works offers welcome, readable access to Lacan's seminal thinking on diverse subjects touched upon over the course of his inimitable intellectual career. .
Subculture: The Meaning of Style
Dick Hebdige - 1979
Hebdige [...] is concerned with the UK's postwar, music-centred, white working-class subcultures, from teddy boys to mods and rockers to skinheads and punks.' - Rolling StoneWith enviable precision and wit Hebdige has addressed himself to a complex topic - the meanings behind the fashionable exteriors of working-class youth subcultures - approaching them with a sophisticated theoretical apparatus that combines semiotics, the sociology of devience and Marxism and come up with a very stimulating short book - Time OutThis book is an attempt to subject the various youth-protest movements of Britain in the last 15 years to the sort of Marxist, structuralist, semiotic analytical techniques propagated by, above all, Roland Barthes. The book is recommended whole-heartedly to anyone who would like fresh ideas about some of the most stimulating music of the rock era - The New York Times
Life Sentence
Christie Blatchford - 2013
When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. In this book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and hugely important book.
Dark Matters: On the Surveillance of Blackness
Simone Browne - 2015
She shows how contemporary surveillance technologies and practices are informed by the long history of racial formation and by the methods of policing black life under slavery, such as branding, runaway slave notices, and lantern laws. Placing surveillance studies into conversation with the archive of transatlantic slavery and its afterlife, Browne draws from black feminist theory, sociology, and cultural studies to analyze texts as diverse as the methods of surveilling blackness she discusses: from the design of the eighteenth-century slave ship Brooks, Jeremy Bentham's Panopticon, and The Book of Negroes, to contemporary art, literature, biometrics, and post-9/11 airport security practices. Surveillance, Browne asserts, is both a discursive and material practice that reifies boundaries, borders, and bodies around racial lines, so much so that the surveillance of blackness has long been, and continues to be, a social and political norm.
The System of Objects
Jean Baudrillard - 1968
Baudrillard classifies the everyday objects of the “new technical order” as functional, nonfunctional and metafunctional. He contrasts “modern” and “traditional” functional objects, subjecting home furnishing and interior design to a celebrated semiological analysis. His treatment of nonfunctional or “marginal” objects focuses on antiques and the psychology of collecting, while the metafunctional category extends to the useless, the aberrant and even the “schizofunctional.” Finally, Baudrillard deals at length with the implications of credit and advertising for the commodification of everyday life.The System of Objects is a tour de force of the materialist semiotics of the early Baudrillard, who emerges in retrospect as something of a lightning rod for all the live ideas of the day: Bataille's political economy of “expenditure” and Mauss's theory of the gift; Reisman's lonely crowd and the “technological society” of Jacques Ellul; the structuralism of Roland Barthes in The System of Fashion; Henri Lefebvre's work on the social construction of space; and last, but not least, Guy Debord's situationist critique of the spectacle.
Just and Unjust Wars: A Moral Argument With Historical Illustrations
Michael Walzer - 1976
He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity."
Inventing Human Rights: A History
Lynn Hunt - 2007
She demonstrates how ideas of human relationships portrayed in novels and art helped spread these new ideals and how human rights continue to be contested today.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.