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Open Access (free)
Christoph Menke in dialogue
Series: Critical Powers
Editor:

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.

Andreas Fischer- Lescano

constitutively tied to “the” political community: “There is no law outside the polity”; “the justice of law can exist only in a community of equal citizens” (p. 14). Both conjunctions –​the unitary conception of the community and the concession of monopoly power over the law to the polity –​are problematic. They tend to obscure patterns of inequality, sources of resistance within configurations of power,14 intersectional structures of discrimination and polycentric lines of exclusion, and unequal distributions of resources.15 Claude Lefort has accordingly substituted the

in Law and violence
Open Access (free)
Christoph Menke

scene: in the guise and on the scene of the subject).45 The experience of tragedy thus accentuates the problem of how there can be a critique of the violence of law at all. “Critique,” Benjamin writes, is the title for the “discriminating and decisive approach” (“Critique”, 251). The critical “discrimination” being sought is one between the fateful 35 Law and violence 35 violence that continues and repeats itself ad infinitum and an agency (or “violence”) that breaks with fate by sublating itself in its purpose. But as tragedy demonstrates, in law, the two –​the

in Law and violence
Israel and a Palestinian state
Lenore G. Martin

official discrimination in the provision of social services, the promotion of economic development, and from other laws that favour the Jews in the officially Jewish State ( Rouhana, 1998 : 277–96). During the active years of the peace process, the Barak government had been willing to restore greater equality of rights for the Palestinian population by returning some expropriated land, allowing legal

in Redefining security in the Middle East
Open Access (free)
Redefining security in the Middle East
Tami Amanda Jacoby
and
Brent E. Sasley

part, been collected together in state organizations with little regard for their differences and historical enmities. These reciprocal misgivings and traditional contrarieties have problematized attempts at co-operation in the name of higher interests affecting all sectors and have resulted in discrimination against minorities and political persecutions. The social dimension of security must include

in Redefining security in the Middle East
Impact of structural tensions and thresholds
Eşref Aksu

in favour and none against, the resolution was clearly Wilsonian in orientation, though the United States was among the nine abstaining countries, 58 reflecting its support for its major allies. Other examples include the Convention on the Elimination of All Forms of Racial Discrimination 59 and the inauguration of the (first) Development Decade. 60 In its first twenty years, the UN

in The United Nations, intra-state peacekeeping and normative change
Water scarcity, the 1980s’ Palestinian uprising and implications for peace
Jeffrey Sosland

regions find it increasingly difficult to provide sufficient water for agriculture, industry and household needs. In regions such as the Middle East that suffer from seasonal drought, if not from continual water crises, perceived discrimination in the distribution of resources is a highly sensitive question. Many affected riparians, as well as specific domestic groups, view water scarcity as a threat to their existence, and

in Redefining security in the Middle East
Open Access (free)
Surveillance and transgender bodies in a post-9/ 11 era of neoliberalism
Christine Quinan

becoming inextricable. And in fact, many of the characters were already dealing with structures that diminished their life chances before 9/11; the ‘war on terror’ only exacerbated discrimination, oppression, and violence they had already been experiencing. Ruby elaborates: [Vickie] didn’t have to tell me that we got to fight the war

in Security/ Mobility
Open Access (free)
Security/ Mobility and politics of movement
Marie Beauchamps
,
Marijn Hoijtink
,
Matthias Leese
,
Bruno Magalhães
, and
Sharon Weinblum

. Foucault, M., 2008. The Birth of Biopolitics. Lectures at the Collège de France 1978–79 , New York: Palgrave Macmillan. Fuller, G., 2008. ‘Welcome to Windows 2.1: Motion Aesthetics at the Airport’, in M. B. Salter, ed., Politics at the Airport , Minneapolis, MN/London: University of Minnesota Press. Gandy, O. H., 2010. ‘Engaging Rational Discrimination: Exploring Reasons for Placing Regulatory Constraints on Decision Support

in Security/ Mobility
Alexis Heraclides
and
Ada Dialla

contention that one is faced with a complex legal problem 39 which may or may not be resolved on an ad hoc basis. A second question is where to place the threshold for intervening with or without UN authorization: on systematic human rights violations (such as systematic discrimination akin to apartheid or ‘internal colonialism’), on something more grave, such as so-called egregious crimes (i.e. ethnic cleansing, war crimes, crimes against humanity), or only at the level of mass

in Humanitarian intervention in the long nineteenth century