Fascism and Criminal Law

History, Theory, Continuity

Author: Stephen Skinner

Publisher: Bloomsbury Publishing

ISBN: 1782255478

Category: Law

Page: 310

View: 9136

Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
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Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 7848

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.
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Ideology and Criminal Law Under Fascist, National Socialist and Authoritarian Regimes

Author: Stephen Skinner

Publisher: N.A

ISBN: 9781509910816

Category:

Page: 320

View: 2704

This proposed collection builds on the success of Fascism and Criminal Law: History, Theory,Continuity (Hart Bloomsbury, 2015). Based on the particular significance of criminal law inunderstanding the nature, exercise and representation of State power identified anddiscussed in that collection, this proposed collection intends to take the discussion further byfocusing on the relationship between ideology and criminal law under Italian Fascism,German National Socialism, and other regimes that could be labelled as generically fascist orauthoritarian. The collection is thus intended to provide wider and deeper reflection on theideas, beliefs and political principles that shaped the criminal law of the systems in question,how those systems operated through courts and repressive practices, and how ideologicalfactors influenced the substantive criminal law. The systems considered are explored bothon their own terms and in some chapters through comparative analysis, in relation to similarsystems and those apparently opposed to them. The collection is also intended to be moreextensive than the previous volume, with almost twice the number of contributors,including as before leading experts in the field and a number of emerging scholars.Moreover, this collection will present chapters by common theme to foster comparative andcritical reflection across systemic boundaries. The collection took root in a two-dayworkshop held at the Institute of Advanced Legal Studies in London on the 10th-11thSeptember 2015, entitled 'Anti-Democratic Ideology and Criminal Law under Fascist,National Socialist and Authoritarian Regimes'. The chapters will all be based on originalresearch and, as with the previous collection, will also constitute an important and muchneeded English language resource providing access to work on legal systems that arecurrently under-represented in Anglo-American scholarship.
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Criminal Law in Liberal and Fascist Italy

Author: Paul Garfinkel

Publisher: Cambridge University Press

ISBN: 1316817733

Category: History

Page: N.A

View: 6566

By extending the chronological parameters of existing scholarship, and by focusing on legal experts' overriding and enduring concern with 'dangerous' forms of common crime, this study offers a major reinterpretation of criminal-law reform and legal culture in Italy from the Liberal (1861–1922) to the Fascist era (1922–43). Garfinkel argues that scholars have long overstated the influence of positivist criminology on Italian legal culture and that the kingdom's penal-reform movement was driven not by the radical criminological theories of Cesare Lombroso, but instead by a growing body of statistics and legal researches that related rising rates of crime to the instability of the Italian state. Drawing on a vast array of archival, legal and official sources, the author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history while analyzing the philosophical underpinnings of that reform and its relationship to contemporary penal-reform movements abroad.
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Darker Legacies of Law in Europe

The Shadow of National Socialism and Fascism over Europe and its Legal Traditions

Author: Christian Joerges,Navraj Singh Ghaleigh

Publisher: Bloomsbury Publishing

ISBN: 1847311679

Category: Law

Page: 440

View: 9197

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.
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Liberal Fascism

The Secret History of the American Left, From Mussolini to the Politics of Meaning

Author: Jonah Goldberg

Publisher: Crown Forum

ISBN: 9780385517690

Category: Political Science

Page: 272

View: 5650

“Fascists,” “Brownshirts,” “jackbooted stormtroopers”—such are the insults typically hurled at conservatives by their liberal opponents. Calling someone a fascist is the fastest way to shut them up, defining their views as beyond the political pale. But who are the real fascists in our midst? Liberal Fascism offers a startling new perspective on the theories and practices that define fascist politics. Replacing conveniently manufactured myths with surprising and enlightening research, Jonah Goldberg reminds us that the original fascists were really on the left, and that liberals from Woodrow Wilson to FDR to Hillary Clinton have advocated policies and principles remarkably similar to those of Hitler's National Socialism and Mussolini's Fascism. Contrary to what most people think, the Nazis were ardent socialists (hence the term “National socialism”). They believed in free health care and guaranteed jobs. They confiscated inherited wealth and spent vast sums on public education. They purged the church from public policy, promoted a new form of pagan spirituality, and inserted the authority of the state into every nook and cranny of daily life. The Nazis declared war on smoking, supported abortion, euthanasia, and gun control. They loathed the free market, provided generous pensions for the elderly, and maintained a strict racial quota system in their universities—where campus speech codes were all the rage. The Nazis led the world in organic farming and alternative medicine. Hitler was a strict vegetarian, and Himmler was an animal rights activist. Do these striking parallels mean that today’s liberals are genocidal maniacs, intent on conquering the world and imposing a new racial order? Not at all. Yet it is hard to deny that modern progressivism and classical fascism shared the same intellectual roots. We often forget, for example, that Mussolini and Hitler had many admirers in the United States. W.E.B. Du Bois was inspired by Hitler's Germany, and Irving Berlin praised Mussolini in song. Many fascist tenets were espoused by American progressives like John Dewey and Woodrow Wilson, and FDR incorporated fascist policies in the New Deal. Fascism was an international movement that appeared in different forms in different countries, depending on the vagaries of national culture and temperament. In Germany, fascism appeared as genocidal racist nationalism. In America, it took a “friendlier,” more liberal form. The modern heirs of this “friendly fascist” tradition include the New York Times, the Democratic Party, the Ivy League professoriate, and the liberals of Hollywood. The quintessential Liberal Fascist isn't an SS storm trooper; it is a female grade school teacher with an education degree from Brown or Swarthmore. These assertions may sound strange to modern ears, but that is because we have forgotten what fascism is. In this angry, funny, smart, contentious book, Jonah Goldberg turns our preconceptions inside out and shows us the true meaning of Liberal Fascism.
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American Fascists

The Christian Right and the War on America

Author: Chris Hedges

Publisher: Simon and Schuster

ISBN: 0743284461

Category: History

Page: 274

View: 9110

Explores the political ambitions of the Christian right, discussing how their agenda gained momentum through alternative networks, schools, and publishers, and warns that another national crisis may enable the Christian right to seize political power.
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Criminal Law in Liberal and Fascist Italy

Author: Paul Garfinkel

Publisher: Cambridge University Press

ISBN: 1107108918

Category: History

Page: 536

View: 628

The author explains the sustained and wide-ranging interest in penal-law reform that defined this era in Italian legal history.
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Fascism Old and New

American Politics at the Crossroads

Author: Carl Boggs

Publisher: Routledge

ISBN: 1351049690

Category: Political Science

Page: 240

View: 5161

Deep historical trends suggest the United States could be moving toward a distinctly novel form of fascism, embracing elements of the historical phenomenon as it appeared in such countries as Italy, Germany, Japan, and Spain while departing in significant ways. A twenty-first century fascism would hardly be revolutionary or totalitarian, as it would involve no dramatic break with the past, following a logic of continuity and building on firmaments of entrenched power going back to World War II. This new type of fascist regime would be driven by a tightening confluence of sectoral interests in American society: corporate, state, military, and cultural – interests favoring oligarchy, authoritarianism, the warfare system, and surveillance order within an expanding globalized matrix of power. The dominant historical forces emphasized by such theorists as C. Wright Mills (The Power Elite) and Sheldon Wolin (Democracy, Inc.), an important foundation of this book, have grown stronger and more pervasive across the decades. An integrated power structure has been fueled by new advances in technology, a money-saturated political system, and neoliberal globalism bolstered by the spread of right wing populism that, among other things, has catapulted Donald Trump into the U.S. presidency.? In this book, Carl Boggs explores new political and ideological terrain in systematically considering the prospects for a gradual development of fascism in contemporary American society and, by extension, elsewhere across the advanced industrial world. He persuasively argues that modern fascistic trends, arguably most visible in the U.S., demonstrate a closer affinity with Mussolini’s Italy (corporate state) than with the more extreme Nazi German model of tyranny and genocide.?? A very timely scholarly enterprise, this book will be of interest to students of contemporary radical politics, fascism more broadly, US political history, ideologies and party politics.
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Towards A Jurisprudence of State Communism

Law and the Failure of Revolution

Author: Cosmin Cercel

Publisher: Routledge

ISBN: 1134843240

Category: History

Page: 230

View: 4162

More than twenty-five years after the collapse of the Socialist bloc, the nature of the regimes in Eastern Europe between 1945 and 1989 continues to evade the attempts of political theorists and scholars of post-communism to define and classify them. Drawing on philosophical inquiry, jurisprudential analysis and intellectual history, this book traces the impact of communist ideology and practice on legal thought: from its critical roots in the midst of the nineteenth century to its reactionary stand in the later years of the twentieth. Exploring how the communist experience – both in its revolutionary and authoritarian guises – has been articulated within the legal theoretical field, the book addresses two central theoretical lacunae fostered by the historiography of authoritarianism in Central and Eastern Europe: the status of law, and its relationship to the broader ideological framework legitimising authoritarian regimes. Moving beyond the limits of the contemporary discourse on communism – particularly as it is channelled through transitional justice and memory studies – Cosmin Cercel develops a theoretical framework that is able to uncover law’s complicity with the extreme ideologies that dominated Central and Eastern Europe. For it is, he argues, in its recourse to legal concepts that the communist experience raises important jurisprudential questions for our contemporary understanding of law, the limits of state sovereignty, and law’s relationship to historical violence.
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How Fascism Works

The Politics of Us and Them

Author: Jason Stanley

Publisher: Random House

ISBN: 0525511849

Category: Political Science

Page: 240

View: 6298

“Reveals how the liberties of the people wither when voters embrace politicians who promote the divisive politics of us versus them.”—David Cay Johnston, author of The Making of Donald Trump and It’s Even Worse Than You Think “This is an important and essential book.”—Errol Morris, filmmaker and author of The Ashtray Fascist politics are running rampant in America today—and spreading around the world. A Yale philosopher identifies the ten pillars of fascist politics, and charts their horrifying rise and deep history. As the child of refugees of World War II Europe and a renowned philosopher and scholar of propaganda, Jason Stanley has a deep understanding of how democratic societies can be vulnerable to fascism: Nations don’t have to be fascist to suffer from fascist politics. In fact, fascism’s roots have been present in the United States for more than a century. Alarmed by the pervasive rise of fascist tactics both at home and around the globe, Stanley focuses here on the structures that unite them, laying out and analyzing the ten pillars of fascist politics—the language and beliefs that separate people into an “us” and a “them.” He knits together reflections on history, philosophy, sociology, and critical race theory with stories from contemporary Hungary, Poland, India, Myanmar, and the United States, among other nations. He makes clear the immense danger of underestimating the cumulative power of these tactics, which include exploiting a mythic version of a nation’s past; propaganda that twists the language of democratic ideals against themselves; anti-intellectualism directed against universities and experts; law and order politics predicated on the assumption that members of minority groups are criminals; and fierce attacks on labor groups and welfare. These mechanisms all build on one another, creating and reinforcing divisions and shaping a society vulnerable to the appeals of authoritarian leadership. By uncovering disturbing patterns that are as prevalent today as ever, Stanley reveals that the stuff of politics—charged by rhetoric and myth—can quickly become policy and reality. Only by recognizing fascists politics, he argues, may we resist its most harmful effects and return to democratic ideals. “With unsettling insight and disturbing clarity, How Fascism Works is an essential guidebook to our current national dilemma of democracy vs. authoritarianism.”—William Jelani Cobb, author of The Substance of Hope
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A Modern History of German Criminal Law

Author: Thomas Vormbaum

Publisher: Springer Science & Business Media

ISBN: 3642372732

Category: Law

Page: 304

View: 4854

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.
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Are Prisons Obsolete?

Author: Angela Y. Davis

Publisher: Seven Stories Press

ISBN: 1609801040

Category: Political Science

Page: 129

View: 8350

With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable. In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.
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Harsh Justice

Criminal Punishment and the Widening Divide between America and Europe

Author: James Q. Whitman

Publisher: Oxford University Press

ISBN: 9780198035312

Category: Social Science

Page: 336

View: 7784

Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
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Hitler's American Model

The United States and the Making of Nazi Race Law

Author: James Q. Whitman

Publisher: Princeton University Press

ISBN: 1400884632

Category: History

Page: 224

View: 9762

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
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The Grimoire of St Cyprian

Clavis Inferni

Author: Stephen Skinner,St Cyprian

Publisher: Golden Hoard Press

ISBN: 9781912212002

Category: Body, Mind & Spirit

Page: 102

View: 2401

Although it is highly unlikely that the text is by the historical St Cyprian, this does not detract from its extraordinary contents. This is a Solomonic manuscript unlike the more rustic Black Books of Wittenburg (Scandinavia), or the Catholic Cyprianic texts of the Iberian peninsula. Its lineage is from the "Heptameron," the Faustbooks of Germany, and the "Goetia." It addresses the summoning and use of the four Archangels, Michael, Raphael, Gabriel and Uriel as well as their opposite numbers, the four Demon Kings, Paymon, Maimon, Egyn and Oracus (Oriens). The later are drawn in their animal and human forms along with their sigils, a resource unique amongst grimoires. The text is in a mixture of three magical scripts, Greek, Hebrew, cipher, Latin, and reversed Latin with many shortforms, but these are expanded and made plain by the editors. The title of the manuscript, "Clavis Inferni sive magia alba et nigra approbata Metratona," literally means 'The Key of Hell with white and black magic as proven by Metatron'.
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V for Vendetta

Author: Alan Moore

Publisher: DC

ISBN: 1401236316

Category: Comics & Graphic Novels

Page: N.A

View: 9679

"Alan Moore outdoes himself... Extraordinary ... a poetic celebration of the powers of the imagination." - Kurt Loder, MTV A powerful story about loss of freedom and individuality, V FOR VENDETTA takes place in a totalitarian England following a devastating war that changed the face of the planet. In a world without political freedom, personal freedom and precious little faith in anything, comes a mysterious man in a white porcelain mask who fights political oppressors through terrorism and seemingly absurd acts in this gripping tale of the blurred lines between ideological good and evil.
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Sapiens

A Brief History of Humankind

Author: Yuval Noah Harari

Publisher: Harper Collins

ISBN: 0062316109

Category: Science

Page: 464

View: 8282

New York Times Bestseller A Summer Reading Pick for President Barack Obama, Bill Gates, and Mark Zuckerberg From a renowned historian comes a groundbreaking narrative of humanity’s creation and evolution—a #1 international bestseller—that explores the ways in which biology and history have defined us and enhanced our understanding of what it means to be “human.” One hundred thousand years ago, at least six different species of humans inhabited Earth. Yet today there is only one—homo sapiens. What happened to the others? And what may happen to us? Most books about the history of humanity pursue either a historical or a biological approach, but Dr. Yuval Noah Harari breaks the mold with this highly original book that begins about 70,000 years ago with the appearance of modern cognition. From examining the role evolving humans have played in the global ecosystem to charting the rise of empires, Sapiens integrates history and science to reconsider accepted narratives, connect past developments with contemporary concerns, and examine specific events within the context of larger ideas. Dr. Harari also compels us to look ahead, because over the last few decades humans have begun to bend laws of natural selection that have governed life for the past four billion years. We are acquiring the ability to design not only the world around us, but also ourselves. Where is this leading us, and what do we want to become? Featuring 27 photographs, 6 maps, and 25 illustrations/diagrams, this provocative and insightful work is sure to spark debate and is essential reading for aficionados of Jared Diamond, James Gleick, Matt Ridley, Robert Wright, and Sharon Moalem.
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The Oxford Handbook of European History, 1914-1945

Author: Nicholas Doumanis

Publisher: Oxford University Press

ISBN: 0191017760

Category: History

Page: 672

View: 8697

The period spanning the two World Wars was unquestionably the most catastrophic in Europe's history. Despite such undeniably progressive developments as the radical expansion of women's suffrage and rising health standards, the era was dominated by political violence and chronic instability. Its symbols were Verdun, Guernica, and Auschwitz. By the end of this dark period, tens of millions of Europeans had been killed and more still had been displaced and permanently traumatized. If the nineteenth century gave Europeans cause to regard the future with a sense of optimism, the early twentieth century had them anticipating the destruction of civilization. The fact that so many revolutions, regime changes, dictatorships, mass killings, and civil wars took place within such a compressed time frame suggests that Europe experienced a general crisis. Indeed in the early 1940s both Charles de Gaulle and Winston Churchill referred to a 'thirty years war'. Why did so many crises rage across the continent from 1914 until the end of the Second World War? Why did the winds of destruction affect some regions more than others? The Oxford Handbook of European History, 1914-1945 reconsiders the most significant features of this calamitous age from a transnational perspective. It demonstrates the degree to which national experiences were intertwined with those of other nations, and how each crisis was implicated in wider regional, continental, and global developments. Readers will find innovative and stimulating chapters on various political, social, and economic subjects by some of the leading scholars working on modern European history today.
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State of Exception

Author: Giorgio Agamben

Publisher: University of Chicago Press

ISBN: 0226009262

Category: Philosophy

Page: 104

View: 5385

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
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