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This chapter will outline the academic literature that has developed around the Prevent policy. The chapter argues that, for the most part, the literature has, historically, failed to go beyond the political debates and policy narratives articulated in the previous chapter . The first section will demonstrate that the literature has often presented the ‘solution’ to Prevent to be one of separating its identity and security strands. It is a literature that therefore, like the policy’s internal debates, positions the
This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.
reiterate the evident importance of age in the processing and interpretation of frightening events. Age, as an objective criterion and a subjective phase of development, governed children’s access to information, their cognitive skills, their understanding of the world and their interest in it. While propaganda existed for younger children, none seems to have impacted upon these narrators. Gender may also have influenced children’s access to information: those here with a childhood interest in the war were boys who were more exposed to juvenile literature, games and toys
79 2 Between law and violence: towards a re-thinking of legal justice in transitional justice contexts María del Rosario Acosta López In the already extensive literature connecting philosophy and law, there is a long tradition of framing this encounter in terms of what I will provisionally call a “negative critique.” As it is clear in Walter Benjamin’s canonical essay, a philosophical critical perspective seems to be capable of bringing to light the main paradox at the core of the law, namely, that its foundation coincides with its violence. Violence exists
, 45.1 (2004), pp. 42–4. 41 S. Leydesdorff, G. Dawson, N. Burchardt and T. G. Ashplant, ‘Introduction’ in S. Leydesdorff and K. L. Rogers (with G. Dawson) (eds.), Trauma and Life Stories: International Perspectives (London: Routledge, 1999), p. 5. 42 S. Vees-Gulani, Trauma and Guilt: Literature of Wartime Bombing in Germany (Berlin: Walter de Gruyter & Co, 2003), p. 26, referring to the Diagnostic and Statistical Manual of Mental Disorders IV [DSM-IV] (Washington, DC: American Psychiatric Association, 1994), p 464. Vees-Gulani also uses DSM-IV-TR (Washington, DC
historians as it leaves traces through which the external elements that shaped children’s worlds can be discerned, such as education, children’s literature, child health policies, toys and games, childrearing guidance and so on; all are created by adults for or about children. They show the place of children within society; indeed, childhood is often used to comment on adult society, politics and ideology.10 Yet studying being a child in the past presents many obstacles, largely because children leave few written traces of their own. I have gathered versions of childhood
literature and philosophy, I seek to identify and explore a concept of law that might be able to conceptually integrate the above-mentioned two sides –the objection of law against violence on the one hand, and the exercise of violence by law on the other. The unity of the concept of law consists of its contradiction between the fight against and the exercise of violence. The contributions in this volume have raised a number of critical objections against this thesis and its explication, which I will address, at least in part, in this response. However, I would first like
his cue from literature, from a play in which an officer needs to make a decision about the behavior of a renegade soldier in a situation where the troops under the officer’s command need to defend the capital against the invasion of a powerful foreign army, Menke explores the utopian potential of an alternative, or of the fact that 201 Self-reflection 201 two equally persuasive but mutually exclusive possibilities indicate ways of dealing with a situation that are no longer indebted to a logic of sovereignty, which is a logic of violence and tautological
Commemoration (London: Routledge, 2000), p. 29. 26 Winter and Sivan, War and Remembrance, p. 18. 27 Benjamin, ‘The storyteller’, p. 84. 28 S. Grayzel, ‘ “The souls of soldiers”: civilians under fire in First World War France’, The Journal of Modern History, 78.3 (2006), pp. 595–6. 29 Brown, French Children’s Literature, pp. 194–8. 30 J. Horne and A. Kramer, ‘War between soldiers and enemy civilians, 1914–1915’, in R. Chickering and S. Förster (eds.), Great War, Total War: Combat and Mobilization on the Western Front, 1914–1918 (Cambridge: Cambridge University Press, 2000
others, which include family relations, the medical profession, and literature, among others; and all of these are subservient to the wider project of formulating and honoring what “we,” pluralistically construed and in constant conversation with each other, take to be human flourishing. 3. Unlawful entry: Menke, Hart, and Derrida on problematic beginnings McEwan’s novel presents a model of the law that, first, has welfare, or a version of the Good Life, as its central concern; second, can fulfill this promise to the degree that the interconnections between legal