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Reading Modern Law

Author: Ruth Margaret Buchanan
Publisher: Routledge
ISBN: 0415568544
Size: 47.24 MB
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Research on the reliability and validity of assessment centers (ACs) has been ongoing for at least 50 years and continues to this day. The assessment center method is a technique or process that is used to assess individual performance and potential. One of the most heavily researched topics over the last 30 years has been the internal structure of AC ratings that assessors make on rating dimensions after the completion of each exercise. This volume, with contributions from experts from around the world, looks at Dimension-Based Assessment Centers, Task-Based Assessment Centers, and Mixed-Model Assessment Centers. All three perspectives are presented in different sections, and a summary of these diverse perspectives is given at the end of the book.

Law Memory Violence

Author: Stewart Motha
Publisher: Routledge
ISBN: 1317569210
Size: 39.15 MB
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The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Indigeneity Before And Beyond The Law

Author: Kathleen Birrell
Publisher: Routledge
ISBN: 1317644816
Size: 19.21 MB
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Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

Agamben And Colonialism

Author: Marcelo Svirsky
Publisher: Edinburgh University Press
ISBN: 0748649263
Size: 51.38 MB
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This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.

Drawing The Line

Author: Carrol Clarkson
Publisher: Fordham University Press
ISBN: 0823254178
Size: 15.82 MB
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Drawing the Line examines the ways in which cultural, political, and legal lines are imagined, drawn, crossed, erased, and redrawn in post-apartheid South Africa through literary texts, artworks, and other forms of cultural production. Under the rubric of a philosophy of the limit and with reference to a range of signifying acts and events, this book asks what it takes to recalibrate a sociopolitical scene, shifting perceptions of what counts and what matters, of what can be seen and heard, of what can be valued or regarded as meaningful. The book thus argues for an aesthetics of transitional justice and makes an appeal for a postapartheid aesthetic inquiry, as opposed to simply a political or a legal one. Each chapter brings a South African artwork, text, speech, building, or social encounter into conversation with debates in critical theory and continental philosophy, asking: What challenge do these South African acts of signification and resignification pose to current literary-philosophical debates?

The Mythology Of Modern Law

Author: Peter Fitzpatrick
Publisher: Routledge
ISBN: 1134890508
Size: 63.64 MB
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The Mythology of Modern Law is a radical reappraisal of the role of myth in modern society. Peter Fitzpatrick uses the example of law, as an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to modern society.

Walled States Waning Sovereignty

Author: Wendy Brown
Publisher: MIT Press
ISBN: 1942130112
Size: 13.78 MB
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Why do walls marking national boundaries proliferate amid widespread proclamations of global connectedness and despite anticipation of a world without borders? Why are barricades built of concrete, steel, and barbed wire when threats to the nation today are so often miniaturized, vaporous, clandestine, dispersed, or networked? In Walled States, Waning Sovereignty, Wendy Brown considers the recent spate of wall building in contrast to the erosion of nation-state sovereignty. Drawing on classical and contemporary political theories of state sovereignty in order to understand how state power and national identity persist amid its decline, Brown considers both the need of the state for legitimacy and the popular desires that incite the contemporary building of walls. The new walls -- dividing Texas from Mexico, Israel from Palestine, South Africa from Zimbabwe -- consecrate the broken boundaries they would seem to contest and signify the ungovernability of a range of forces unleashed by globalization. Yet these same walls often amount to little more than theatrical props, frequently breached, and blur the distinction between law and lawlessness that they are intended to represent. But if today's walls fail to resolve the conflicts between globalization and national identity, they nonetheless project a stark image of sovereign power. Walls, Brown argues, address human desires for containment and protection in a world increasingly without these provisions. Walls respond to the wish for horizons even as horizons are vanquished.

State Security And Subject Formation

Author: Anna Yeatman
Publisher: Continuum Intl Pub Group
ISBN:
Size: 43.20 MB
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This book offers a unique collection of texts framed as a set of conversations on the topics of state, security and subject formation. These conversations are motivated by a question that defines agendas for both politics and political though: how to secure the conditions for a civil and peaceful life together? The contributions to this book explore, at time sceptically, the approach of civil philosophy to that question. This approach suggests an education in civility as well as a public sphere that promotes everyday practices of civility. It also posits the right of the subject to enjoy full and inclusive access to the conditions peaceful co-existence. A secular state that functions as a public authority and uses its sovereignty to establish the rule of law is the primary condition for subjective right.

Constitutional Limits And The Public Sphere

Author: Oren Ben-Dor
Publisher: Hart Publishing
ISBN: 1841131113
Size: 10.88 MB
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The place of utility as a critical theory of human existence has been largely discredited and its potential undermined in the course of modern debates in ethical,political and legal theory. The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do justice to the theory which identifies the maximisation of pleasure as the most fundamental self-interest of man.Enlarging upon this intuition, the book is mainly concerned with critical constitutionalism. Based on a close reading of Bentham's unpublished and recently published texts, the argument in the first part shows that a critical analysis of constitutionally limited government formed a central theme of Bentham's utilitarian enterprise. The theme of the author's reconstruction is that, for Bentham, constitutional limits signified socially dynamic relationships within the public sphere and between this sphere and a centralised coercive authority. Because this relationship is socially dynamic, the ever-changing communal-based conception of harm constantly transforms the relationship between law and the community which it governs. This feature reappears in many layers of Bentham's thought, such as his theory of sovereignty, the duty to obey the law, and the motivational basis for forming and transforming a conception of harm within the public sphere. Even the most revisionist of Bentham scholars fail to capture this central unifying theme in Bentham's writings.The second part of the book further develops this reconstruction. It argues that an underdeveloped insight of critical importance characterised Bentham's utilitarianism. This insight helps to elucidate the transient and dynamic connection of ethics to politics. In critically reviewing five contemporary accounts of this connection, utility is shown to have closer affinities with communitarianism. However as a critical theory, utility has more in common with the Habermasian notion of communication and inter-subjectivity than with Humean conventionalism. The utilitarian critic is in a position to transcend not only the simple hedonism with which utilitarianism has always been associated, but also the historically-ridden perspectives which potentially dogmatise the range of human possibilities under a received conception of harm.