Arendt Agamben And The Issue Of Hyper Legality
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Arendt, Agamben and the Issue of Hyper-Legality
In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt’s comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems – immigrant detention and the prison system – are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners’ rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.
Migrant Protest and Democratic States of Exception
Author: Kathleen R. Arnold
language: en
Publisher: Taylor & Francis
Release Date: 2023-08-11
Recognizing the radical disparity between migration/border policy and constitutional law “inside these borders,” Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention. This activism creates a “democratic state of exception,” interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible. Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forced migration and refugee studies, political science, human rights, protest history, and contemporary movements.
On Agamben, Arendt, Christianity, and the Dark Arts of Civilization
Author: Peter Iver Kaufman
language: en
Publisher: Bloomsbury Publishing
Release Date: 2019-10-17
Many progressives have found passages in Augustine's work that suggest he entertained hopes for meaningful political melioration in his time. They also propose that his “political theology” could be an especially valuable resource for “an ethics of democratic citizenship” or for “hopeful citizenship” in our times. Peter Kaufman argues that Augustine's “political theology” offers a compelling, radical alternative to progressive politics. He chronicles Augustine's experiments with alternative polities, and pairs Augustine's criticisms of political culture with those of Giorgio Agamben and Hannah Arendt. This book argues that the perspectives of pilgrims (Augustine), refugees (Agamben), and pariahs (Arendt) are better staging areas than the perspectives and virtues associated with citizenship-and better for activists interested in genuine political innovation rather than renovation. Kaufman revises the political legacy of Augustine, aiming to influence interdisciplinary conversations among scholars of late antiquity and twenty-first century political theorists, ethicists, and practitioners.