Constitution Making Under Occupation

Author: Andrew Arato
Publisher: Columbia University Press
ISBN: 0231143028
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The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Minority Rights In The Middle East

Author: Joshua Castellino
Publisher: OUP Oxford
ISBN: 0191668885
Size: 21.78 MB
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Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Archaeology Of The Political

Author: Elías José Palti
Publisher: Columbia University Press
ISBN: 023154247X
Size: 46.87 MB
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In the past few decades, the focus of political-philosophical reflection has been reoriented to penetrate that dimension of reality known as "the political." Many of the key figures in contemporary political theory—Jacques Rancière, Alain Badiou, Reinhart Koselleck, Giorgio Agamben, Ernesto Laclau, and Slavoj Žižek, among others—have dedicated themselves to explaining and elaborating on the concept of the political, but in many cases they take the political for granted, as if it were a given, an eternal essence. In An Archaeology of the Political, Elías José Palti argues that the realm of the political is not a natural, transhistorical entity. Instead, he claims that the horizon of the political arose in the context of a series of changes that affirmed the power of absolute monarchies in seventeenth-century Europe and was successively reconfigured from this period up to the present. Palti traces this series of redefinitions accompanying alterations in the regimes of power, creating a genealogy of the concept of the political. Perhaps most important, An Archaeology of the Political demonstrates that transposing ideas from one historical context into another invariably inflicts violence on the conceptual framework from which all political ideas take their meanings.

Political Theology

Author: Paul W. Kahn
Publisher: Columbia University Press
ISBN: 0231153414
Size: 44.83 MB
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In this strikingly original work, Paul W. Kahn rethinks the meaning of political theology. In a text innovative in both form and substance, he describes an American political theology as a secular inquiry into ultimate meanings sustaining our faith in the popular sovereign. Kahn works out his view through an engagement with Carl Schmitt's 1922 classic, Political Theology: Four Chapters on the Concept of Sovereignty. He forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary. The result is a contemporary political theology. As in Schmitt's work, sovereignty remains central, yet Kahn shows how popular sovereignty creates an ethos of sacrifice in the modern state. Turning to law, Kahn demonstrates how the line between exception and judicial decision is not as sharp as Schmitt led us to believe. He reminds readers that American political life begins with the revolutionary willingness to sacrifice and that both sacrifice and law continue to ground the American political imagination. Kahn offers a political theology that has at its center the practice of freedom realized in political decisions, legal judgments, and finally in philosophical inquiry itself.

The Plebeian Experience

Author: Martin Breaugh
Publisher: Columbia University Press
ISBN: 0231520816
Size: 34.78 MB
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How do people excluded from political life achieve political agency? Through a series of historical events that have been mostly overlooked by political theorists, Martin Breaugh identifies fleeting yet decisive instances of emancipation in which people took it upon themselves to become political subjects. Emerging during the Roman plebs’s first secession in 494 BCE, the plebeian experience consists of an underground or unexplored configuration of political strategies to obtain political freedom. The people reject domination through political praxis and concerted action, therefore establishing an alternative form of power. Breaugh’s study concludes in the nineteenth century and integrates ideas from sociology, philosophy, history, and political science. Organized around diverse case studies, his work undertakes exercises in political theory to show how concepts provide a different understanding of the meaning of historical events and our political present. The Plebeian Experience describes a recurring phenomenon that clarifies struggles for emancipation throughout history, expanding research into the political agency of the many and shedding light on the richness of radical democratic struggles from ancient Rome to Occupy Wall Street and beyond.

The Primacy Of The Political

Author: Dick Howard
Publisher: Columbia University Press
ISBN: 0231509758
Size: 43.89 MB
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The conflict between politics and antipolitics has replayed itself throughout Western history and philosophical thought. Plato's quest for absolute certainty led him to denounce political democracy, an anti-political position later challenged by Aristotle. This back-and-forth exchange came to a head at the time of the American and French revolutions. Through this wide-ranging narrative, Dick Howard throws new light on a recurring philosophical dilemma, proving our political problems are not as unique as we think. Howard begins with democracy in ancient Greece and the rise and fall of republican politics in Rome. In the wake of Rome's collapse, political thought searched for a new medium, and the conflict between politics and antipolitics reemerged through the contrasting theories of Saint Augustine and Saint Thomas. During the Renaissance and the Reformation, the emergence of the modern individual again shifted the terrain. Even so, politics vs. antipolitics dominated the period, frustrating even Machiavelli, who sought to reconceptualize the nature of political thought. Hobbes and Locke, theorists of the social contract, then reenacted the conflict, which Rousseau sought (in vain) to overcome. Adam Smith and the growth of modern economic liberalism, the radicalism of the French revolution, and the conservative reaction of Edmund Burke subsequently marked the triumph of antipolitics, and the American Revolution may have offered the potential groundwork for a renewal of politics. Taken together, these historical examples, viewed through the prism of philosophy, reveal the roots of today's political climate and suggest the trajectory of the battles yet to come.

Adventures Of The Symbolic

Author: Warren Breckman
Publisher: Columbia University Press
ISBN: 0231512899
Size: 79.94 MB
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Marxism’s collapse in the twentieth century profoundly altered the style and substance of Western European radical thought. To build a more robust form of democratic theory and action, prominent theorists moved to reject revolution, abandon class for more fragmented models of social action, and elevate the political over the social. Acknowledging the constructedness of society and politics, they chose the “symbolic” as a concept powerful enough to reinvent leftist thought outside a Marxist framework. Following Maurice Merleau-Ponty’s Adventures of the Dialectic, which reassessed philosophical Marxism at mid century, Warren Breckman critically revisits these thrilling experiments in the aftermath of Marxism. The post-Marxist idea of the symbolic is dynamic and complex, uncannily echoing the early German Romantics, who first advanced a modern conception of symbolism and the symbolic. Hegel and Marx denounced the Romantics for their otherworldly and nebulous posture, yet post-Marxist thinkers appreciated the rich potential of the ambiguities and paradoxes the Romantics first recognized. Mapping different ideas of the symbolic among contemporary thinkers, Breckman traces a fascinating reflection of Romantic themes and resonances, and he explores in depth the effort to reconcile a radical and democratic political agenda with a politics that does not privilege materialist understandings of the social. Engaging with the work of Claude Lévi-Strauss, Cornelius Castoriadis, Claude Lefort, Marcel Gauchet, Ernesto Laclau, Chantal Mouffe, and Slavoj Žižek, Breckman uniquely situates these important theorists within two hundred years of European thought and extends their profound relevance to today’s political activism.

After Evil

Author: Robert Meister
Publisher: Columbia University Press
ISBN: 9780231520959
Size: 35.95 MB
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Mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid in ways that put them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward, but the false assumption of closure enables those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends only when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence that is broken once evil is remembered for what it was. Meister calls out such methods for their deferral of justice and susceptibility to exploitation. Specifically, he spells out the moral logic "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.

On Global Justice

Author: Mathias Risse
Publisher: Princeton University Press
ISBN: 1400845505
Size: 69.84 MB
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Debates about global justice have traditionally fallen into two camps. Statists believe that principles of justice can only be held among those who share a state. Those who fall outside this realm are merely owed charity. Cosmopolitans, on the other hand, believe that justice applies equally among all human beings. On Global Justice shifts the terms of this debate and shows how both views are unsatisfactory. Stressing humanity's collective ownership of the earth, Mathias Risse offers a new theory of global distributive justice--what he calls pluralist internationalism--where in different contexts, different principles of justice apply. Arguing that statists and cosmopolitans seek overarching answers to problems that vary too widely for one single justice relationship, Risse explores who should have how much of what we all need and care about, ranging from income and rights to spaces and resources of the earth. He acknowledges that especially demanding redistributive principles apply among those who share a country, but those who share a country also have obligations of justice to those who do not because of a universal humanity, common political and economic orders, and a linked global trading system. Risse's inquiries about ownership of the earth give insights into immigration, obligations to future generations, and obligations arising from climate change. He considers issues such as fairness in trade, responsibilities of the WTO, intellectual property rights, labor rights, whether there ought to be states at all, and global inequality, and he develops a new foundational theory of human rights.

Political Science Quarterly

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ISBN:
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Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31- 38 and to no. 1 of v. 40)