Book picks similar to
General Theory of Law and State by Hans Kelsen
law
philosophy
jurisprudence
direito
Caliban and the Witch
Silvia Federici - 2004
Moving from the peasant revolts of the late Middle Ages to the witch-hunts and the rise of mechanical philosophy, Federici investigates the capitalist rationalization of social reproduction. She shows how the battle against the rebel body and the conflict between body and mind are essential conditions for the development of labor power and self-ownership, two central principles of modern social organization."It is both a passionate work of memory recovered and a hammer of humanity's agenda." Peter Linebaugh, author of The London Hanged"
Decolonising the Mind: The Politics of Language in African Literature
Ngũgĩ wa Thiong'o - 1981
The Language of African Literature2. The Language of African Theatre3. The Language of African Fiction4. The Quest for RelevanceIndex
Normal Life: Administrative Violence, Critical Trans Politics and the Limits of Law
Dean Spade - 2011
This approach assumes that the state and its legal, policing, and social services apparatus—even its policies and documents of belonging and non-belonging—are neutral and benevolent. While we all have to comply with the gender binaries set forth by regulatory bodies of law and administration, many trans people, especially the most marginalized, are even more at risk for poverty, violence, and premature death by virtue of those same "neutral" legal structures.Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law raises revelatory critiques of the current strategies pivoting solely on a "legal rights framework," but also points to examples of an organized grassroots trans movement that is demanding the most essential of legal reforms in addition to making more comprehensive interventions into dangerous systems of repression—and the administrative violence that ultimately determines our life chances. Setting forth a politic that goes beyond the quest for mere legal inclusion, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.An attorney, educator, and trans activist, Dean Spade has taught classes on sexual orientation, gender identity, poverty and law at the City University of New York (CUNY), Seattle University, Columbia University, and Harvard. In 2002 he founded the Sylvia Rivera Law Project, a collective that provides free legal services and works to build trans resistance rooted in racial and economic justice.
Critique of Black Reason
Achille Mbembe - 2013
Mbembe teases out the intellectual consequences of the reality that Europe is no longer the world's center of gravity while mapping the relations among colonialism, slavery, and contemporary financial and extractive capital. Tracing the conjunction of Blackness with the biological fiction of race, he theorizes Black reason as the collection of discourses and practices that equated Blackness with the nonhuman in order to uphold forms of oppression. Mbembe powerfully argues that this equation of Blackness with the nonhuman will serve as the template for all new forms of exclusion. With Critique of Black Reason, Mbembe offers nothing less than a map of the world as it has been constituted through colonialism and racial thinking while providing the first glimpses of a more just future.
The Internationalists: How a Radical Plan to Outlaw War Remade the World
Oona A. Hathaway - 2017
Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals—Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists examines with renewed appreciation an international system that has outlawed wars of aggression and brought unprecedented stability to the world map. Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible.
The Assault on Culture: Utopian Currents from Lettrisme to Class War
Stewart Home - 1988
It is a healthy corrective to the overly aestheticised view of 20th century avant-gorde art that now prevails." City Limits." Much of the information is taken from obscure sources and the book is essential reading for anyone interested in the subject. It demystifies the political and artistic practices of opponents to the dominant culture and serves as a basic reference for a field largely undocumented in English. It is also engagingly honest, unpretentious, questioning and immediate in its impact" Artists Newsletter."Reflecting the uncategorisable aspect of art that hurls itself into visionary politics, the book will engage political scientists, performance artists and activists" Art and Text." Apocalyptic in the literal sense of the word: an uncovering, revelation, a vision" New Statesman." A concise introduction to a whole mess of troublemakers through the ages... well written, incisive and colourful" NME."Informative and provocative" Art Forum.
The Country and the City
Raymond Williams - 1973
As a brilliant survey of English literature in terms of changing attitudes towards country and city, Williams' highly-acclaimed study reveals the shifting images and associations between these two traditional poles of life throughout the major developmental periods of English culture.
Punishing the Poor: The Neoliberal Government of Social Insecurity
Loïc Wacquant - 2004
It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship.Visit the author’s website.
The Dialogic Imagination: Four Essays
Mikhail Bakhtin - 1975
The Dialogic Imagination presents, in superb English translation, four selections from Voprosy literatury i estetiki (Problems of literature and esthetics), published in Moscow in 1975. The volume also contains a lengthy introduction to Bakhtin and his thought and a glossary of terminology.Bakhtin uses the category "novel" in a highly idiosyncratic way, claiming for it vastly larger territory than has been traditionally accepted. For him, the novel is not so much a genre as it is a force, "novelness," which he discusses in "From the Prehistory of Novelistic Discourse." Two essays, "Epic and Novel" and "Forms of Time and of the Chronotope in the Novel," deal with literary history in Bakhtin's own unorthodox way. In the final essay, he discusses literature and language in general, which he sees as stratified, constantly changing systems of subgenres, dialects, and fragmented "languages" in battle with one another.
Reform or Revolution
Rosa Luxemburg - 1898
Why capitalism cannot overcome its internal contradictions and the working class cannot "reform" away exploitation and economic crises.
Consuming the Romantic Utopia: Love and the Cultural Contradictions of Capitalism
Eva Illouz - 1997
Illouz studies how individual conceptions of love overlap with the world of clichés and images she calls the "Romantic Utopia." This utopia lives in the collective imagination of the nation and is built on images that unite amorous and economic activities in the rituals of dating, lovemaking, and marriage.Since the early 1900s, advertisers have tied the purchase of beauty products, sports cars, diet drinks, and snack foods to success in love and happiness. Illouz reveals that, ultimately, every cliché of romance—from an intimate dinner to a dozen red roses—is constructed by advertising and media images that preach a democratic ethos of consumption: material goods and happiness are available to all.Engaging and witty, Illouz's study begins with readings of ads, songs, films, and other public representations of romance and concludes with individual interviews in order to analyze the ways in which mass messages are internalized. Combining extensive historical research, interviews, and postmodern social theory, Illouz brings an impressive scholarship to her fascinating portrait of love in America.
Manifestly Haraway
Donna J. Haraway - 2016
The subsequent “Companion Species Manifesto,” which further questions the human–nonhuman disjunction, is no less urgently needed in our time of environmental crisis and profound polarization.Manifestly Haraway brings together these momentous manifestos to expose the continuity and ramifying force of Haraway’s thought, whose significance emerges with engaging immediacy in a sustained conversation between the author and her long-term friend and colleague Cary Wolfe. Reading cyborgs and companion species through and with each other, Haraway and Wolfe join in a wide-ranging exchange on the history and meaning of the manifestos in the context of biopolitics, feminism, Marxism, human–nonhuman relationships, making kin, literary tropes, material semiotics, the negative way of knowing, secular Catholicism, and more.The conversation ends by revealing the early stages of Haraway’s “Chthulucene Manifesto,” in tension with the teleologies of the doleful Anthropocene and the exterminationist Capitalocene. Deeply dedicated to a diverse and robust earthly flourishing, Manifestly Haraway promises to reignite needed discussion in and out of the academy about biologies, technologies, histories, and still possible futures.
Historical Capitalism with Capitalist Civilization
Immanuel Wallerstein - 1983
In developing an anatomy of capitalism over the past five centuries, Wallerstein traces those elements that have constantly changed and evolved, while giving equal attention to features of historical capitalism that have necessarily remained constant.Particular attention is focused on the emergence and development of a unified world market, and the concomitant international division of labour. Wallerstein argues forcefully, against the current of much contemporary opinion, that capitalism has brought about an actual, not merely relative, immiseration in the countries of the Third World. The economic and social problems of underdeveloped countries will remain unresolved as long as they remain located within a framework of world capitalism.Historical Capitalism, with its continuation Capitalist Civilization, is a welcome and stimulating synthesis of one of the most challenging and influential assessments of capitalism as a world-historic mode of production.
A Matter of Interpretation: Federal Courts and the Law
Antonin Scalia - 1997
According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
The New Spirit of Capitalism
Luc Boltanski - 1999
They argue that from the middle of the 1970s onwards, capitalism abandoned the hierarchical Fordist work structure and developed a new network-based form of organization which was founded on employee initiative and autonomy in the workplace – a ‘freedom’ that came at the cost of material and psychological security.The authors connect this new spirit with the children of the libertarian and romantic currents of the late 1960s (as epitomised by dressed-down. cool capitalists such as Bill Gates and ‘Ben and Jerry’) arguing that they practice a more successful and subtle form of exploitation.In a work that is already a classic in Europe, Boltanski and Chiapello show how the new spirit triumphed thanks to a remarkable recuperation of the Left’s critique of the alienation of everyday life – a recuperation that simultaneously undermined the power of its social critique.