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state of law

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Journal Article
South Atlantic Quarterly (1 October 2017) 116 (4): 707–725.
Published: 01 October 2017
... . Stuchka P. I. 1988 . Selected Writings on Soviet Law and Marxism . Edited and translated by Sharlet Robert Maggs Peter B. Beirne Piers . Armonk, NY : M. E. Sharpe . Vyshinsky A. J. 1954 . The Law of the Soviet State . Translated by Babb Hugh W. With an...
Journal Article
South Atlantic Quarterly (1 January 2019) 118 (1): 61–80.
Published: 01 January 2019
... border of the constitutional order. In response, from the 1990s onward, classical state of emergency practices, which were ongoing for almost seventy years, evolved into antiterrorism policies as a technique of governmentality and politics of law. While it demolished the organized sections of the...
Journal Article
South Atlantic Quarterly (1 April 2016) 115 (2): 405–410.
Published: 01 April 2016
...Paul B. Preciado The “marriage for all” law, passed by the French Parliament in 2013, could be thought of as a sign of social progress. But if we observe its terms from the viewpoint of contemporary relationships between biotechnologies and sexuality, we can conclude instead that the law has the...
Journal Article
South Atlantic Quarterly (1 January 2011) 110 (1): 179–204.
Published: 01 January 2011
... Irish Citizenship Law: Queering the Connections Heterosexuality is at once necessary to the state’s ability to constitute and imagine itself, while simultaneously marking the site of its own instability...
Journal Article
South Atlantic Quarterly (1 July 2014) 113 (3): 629–639.
Published: 01 July 2014
...Colin Dayan This article seeks to make sense of the diverse and contradictory materials of law that intervene in everyday life through strategies of containment, exclusion, and extermination. The prison is now the central public institution in the United States. Though hidden from sight, it defines...
Journal Article
South Atlantic Quarterly (1 January 2019) 118 (1): 1–21.
Published: 01 January 2019
...Bülent Küçük; Ceren Özselçuk This essay frames the emerging regime in Turkey as a question. Starting with a discussion of the limits of conjunctural analysis, we offer some fragmentary analysis. We highlight transgression of law and imperial fantasies as the two constitutive aspects that have...
Journal Article
South Atlantic Quarterly (1 January 2016) 115 (1): 197–210.
Published: 01 January 2016
... sovereignty and biopolitics. While democratic autonomy involves the institutionalization of radical democracy, radical democracy needs to be defended against attacks of capital, state, and patriarchy. The question of how such defense can be organized without reproducing the “magic” of the state and law at an...
Journal Article
South Atlantic Quarterly (1 January 2008) 107 (1): 121–143.
Published: 01 January 2008
... roman noir in the works of Raymond Chandler and James Ellroy, I will argue that we can witness a generic shift in the status of the “state of exception.” This shift concerns the relation between commodity culture, the law, woman, and the border figure of the detective, who is at once within and beyond...
Journal Article
South Atlantic Quarterly (1 January 2008) 107 (1): 15–36.
Published: 01 January 2008
...Catherine Mills This essay examines the notion of “playing with law” that Giorgio Agamben proposes in State of Exception and, more broadly, his understanding of “play” as developed in works such as Infancy and History . In this latter text, Agamben provides his most extended discussion of play...
Journal Article
South Atlantic Quarterly (1 January 2019) 118 (1): 175–187.
Published: 01 January 2019
... causal factor, but also in terms of its effects. Copyright © 2019 by Duke University Press 2019 law authoritarianism emergency state of exception neoliberal capitalism Turkey References Agamben Giorgio . 2005 . State of Exception . Translated by Attell Kevin . Chicago...
Journal Article
South Atlantic Quarterly (1 April 2011) 110 (2): 309–327.
Published: 01 April 2011
... Canada, the United States, New Zealand, and Australia. However, there were and are differences in the way Indigenous rights have been recognized, particularly those rights deriving from recognition of sovereignty and the rights of Indigenous people to maintain systems of law, order, and...
Journal Article
South Atlantic Quarterly (1 January 2014) 113 (1): 109–128.
Published: 01 January 2014
... conservative and religious political movement seeking to set up India as a Hindu state—on shaping the contours of secularism in contemporary law. The struggle over the meaning of secularism came to a head in an Indian High Court decision in 2010. The case involved a dispute over the legal title to a piece of...
Journal Article
South Atlantic Quarterly (1 January 2009) 108 (1): 197–217.
Published: 01 January 2009
... problem. The aesthetic appears, not as an effect of the prince’s creative hand—Jacob Burckhardt’s state as work of art—but as an autonomous function within which sover- eign agency and positive law are sustained; paradoxically, in the play, it is in giving itself over to the aesthetic that...
Journal Article
South Atlantic Quarterly (1 January 2009) 108 (1): 27–51.
Published: 01 January 2009
... our laws to survive this disconnection? And what is it we survive as? We are engulfed, inside a state that maintains its claim to sovereignty over Aboriginal lands and lives. This essay will explore the continuing connections to country from a place inside the “sovereign” space of the state, a space...
Journal Article
South Atlantic Quarterly (1 April 2011) 110 (2): 347–362.
Published: 01 April 2011
... of breaking treaties. There would be no need for the declaration if the so-­called developed nations— especially the gang of four, Australia, New Zealand, the United States, and Canada, who originally voted against the UN declaration—knew anything about lawful behavior. Instead, I suggest a...
Journal Article
South Atlantic Quarterly (1 April 2015) 114 (2): 251–282.
Published: 01 April 2015
... process of endogenous financial hierarchization. The emergence of capitalist financial governance is conceptualized as a process whereby the state takes on bank-like properties and the capitalist state’s future-oriented institutional forms come to serve as constitutive aspects of economic value. The...
Journal Article
South Atlantic Quarterly (1 July 2015) 114 (3): 670–679.
Published: 01 July 2015
... theory—as developed from the social contract tradition—and its more specialized heir, international law. The political tradition of the social contract assumes that the entire popula- tion under permanent state control must participate in self-government. In the territory of Israel-Palestine, such...
Journal Article
South Atlantic Quarterly (1 April 2008) 107 (2): 339–354.
Published: 01 April 2008
... argue that the case of Guantánamo constitutes an example of the underlying interdependence between the state and the suspension of the rule of law. It points to how the rhetoric of safety has been deployed by the current administration in the United States to justify an expansion and intensification of...
Journal Article
South Atlantic Quarterly (1 April 2011) 110 (2): 447–463.
Published: 01 April 2011
... inhibiting and fostering individual agency.29 Law, in Hunt’s sense, has a dual capacity: it functions as “state law” that “lends authoritative legitimations to the norms and projects through which the state seeks to govern civil society,” and it “has a degree of responsiveness to civil...
Journal Article
South Atlantic Quarterly (1 July 2008) 107 (3): 509–530.
Published: 01 July 2008
...Elizabeth A. Povinelli This essay examines two modes, qualities, and dynamics of lethality in contemporary late liberal societies: the state of killing and letting die. Using contemporary debates in Australia over indigenous health and welfare and new federal security laws, the essay explores...