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Lost in Transduction: From Law and Code’s Intra-actions to the Right to Explanation in the European Data Protection Regulations

Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information ... , Andrea. 2015 . Epistemology and political philosophy in Gilbert Simondon. Individuation, technics, social systems . Dordrecht, NL: Springer. Bayamlıoğlu , Emre. 2022 . The right to contest automated

Robert Cover as a Radical Democrat

The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and ... political philosophy of myths used to narrativise and self-justify the existence of a political community, which there are good reasons to believe extends to its legal institutions. But the distinctive

Ethics: An Impossible Politics—Perversion, Law and Racial Difference

This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical ... -political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to

Legal Survivals and the Resilience of Juridical Form

Gearey . 2005 . Critical Jurisprudence: The Political Philosophy of Justice . Hart: Oxford-Portland. Duve , Thomas. 2014 . German Legal History: National Traditions and Transnational Perspectives . Max ... study can illuminate our understanding of the juridical phenomenon more generally and the resilience of legal forms in particular. If, following Agamben (2002 , p. 50), we concede that ‘philosophy can

Our Legal Borders: Interrelated Constructions of Individual and Political Bodies

In liberal democracies that were British colonies, law constructs the linkages and distinctions between individual and political bodies. Legality re-iterates the form of an ancient construct called ... . Additionally, in times of mass insecurity or crisis, we might believe that we need to fix our (personal or political) borders and construct them in more solid ways. However, because other modalities of power

Habermas, Popular Sovereignty, and the Legitimacy of Law

theoretical concept . European Journal of Social Theory 24 ( 4 ): 485 - 506 . Olson , Kevin. 2009 . Reflexive democracy as popular sovereignty . In New Waves in Political Philosophy, ed. Boudewijn de Bruin and ... of Jürgen Habermas . Philosophy and Social Criticism 40 ( 1 ): 13 - 18 . Scheuerman , William E. 2012 . Good-bye to radical reformism? Political Theory 40 ( 6 ): 830 - 838 . Shoikhedbrod , I. 2021

Human Rights Penality and Violence Against Women: The Coloniality of Disembodied Justice

generalisable. Abstraction entails a cognitive 9 Liberalism is widely regarded as the dominant political philosophy in the international legal order (Kapur 2018; Douzinas 2014; Sattar 2019) . process by which ... Political Philosophy of Cosmopolitanism . Abingdon, Oxford and New York: Routledge-Cavendish. Douzinas , Costas. 2014 . 'Human Rights and the Paradoxes of Liberalism . ' openDemocracy. August 7 , 2014 . https

Judicial Decision-Making, Ideology and the Political: Towards an Agonistic Theory of Adjudication

juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a ... can hardly be a valid critique of political theory or political philosophy, as opposed to sociology of politics or empirically oriented political science. The former are reflections on the political

For I Do Not Know How to Act: Tadeusz Kantor and the Reality of Theatre

makeshift shelter … a place of intimacy.’ (ibid., p. 217). The scene, for Hirvonen, is, in this sense, an originary political space (ibid., p. 224). I find that philosophy has been intrigued by theatre ... : an esoteric disciplinary programme. Hirvonen follows a philosophical path charted by Philippe Lacoue-Labarthe and Jacques Lacan whereby philosophy is set before the tragic.9 In which of the two senses

Challenging the Rule of Law Universalism: Why Marxist Legal Thought Still Matters

The primary aim of this article is to present the rule of law universalism as a relevant theoretical and socio-political issue that critical legal thought needs to contend with. In order to do so ... universalism, mainly regarding historical embeddedness and socio-political dependency of the rule of law. The transitional context illustrates the tension between the rule of law treated as a generalized

The Courtroom as an Arena of Ideological and Political Confrontation: The Chicago Eight Conspiracy Trial

; Chicago 1968 protests; Political trials; Performativity; Rupture; Utopia in the courtroom - society comes tumbling down around us; our role is to survive.  We have to learn how to defend ourselves, given ... university campuses, the Chicago Conspiracy Trial brought the ideological and political confrontation of the 1960s into the courtroom. Staged between September 1969 and February 1970 in the district courthouse

From Paratexts to Print Machinery

philosophical form of a universal proposition, Kant’s (1996b) account of enlightenment was deeply political. To valorise the use of one’s own reason as an emancipatory practice was to oppose the Prussian King ... of the political realities in which enlightenment was practised. However, as Schmidt (2011) has rightly pointed out, such a treatment of Kant’s essay ironically suppressed those passages and

Civic Action Against Son Preference in Tirupati, India: Critical International Law Put into Practice?

argument is that in Tirupati, international law has percolated to local actors and informs their understanding of social and political relations. In turn, we are now at a point in which the actors within ... Exposition of the Historical, Social, and Political Context of Son Preference Focusing on Tirupati In almost all states in contemporary India, the preference for sons influences a wide range of behaviors

A Farewell to Homo Sacer? Sovereign Power and Bare Life in Agamben’s Coronavirus Commentary

The article addresses Giorgio Agamben’s critical commentary on the global governance of the Covid-19 pandemic as a paradigm of his political thought. While Agamben’s comments have been criticized as ... opinion for their philosophy to merit any consideration. And yet, it would also be incorrect to try to rigorously separate these opinion pieces from Agamben’s political philosophy, if only because in the

Style Management: Images of Global Counter-Terrorism at the United Nations

Models of global governance abound: expert governance, networked governance, algorithmic governance, and old-fashioned juridico-political governance vie for explanatory power. This article takes up ... of global governance. My study of the UN’s GCTS and its critical reception turned on the misrecognition of managerial governance as juridico-political government. Although I didn’t then think of the

Digital Humanitarian Mapping and the Limits of Imagination in International Law

features on a map via a digital interface such as those used in the MMP, their political, experiential, or other basis for doing so become irrelevant; if the data input meets applicable thresholds, it will ... (Scholz et al. 2018) . Questions of political or normative acceptability in the face of conflicting perspectives are not typically at issue. Once inputs are determined to meet then-prevailing internal

The Robot and Human Futures: Visualising Autonomy in Law and Science Fiction

experience of what it means to be human, the traditional conceptions of the human as understood as the legal subject has been critiqued as a historical and political construct. Rather than an adequate ... theory . Manchester: Manchester University Press. Braidotti , Rosi. 2019 . Posthuman knowledge . Cambridge: Polity Press. Braidotti , Rosi. 2020 . Transversal Posthumanities Philosophy Today 63 ( 4 ): 1181

Racial Capitalism and the Dialectics of Development: Exposing the Limits and Lies of International Economic Law

International economic law is peculiar. It claims universal character, yet eschews engagement with many, if not all, the racialised features of the global political economy. Its scholars mostly ... the usual suspects of poverty, political authoritarianism, or social mobility. In standard discourses on IEL, the triumph of liberalism and, increasingly, neoliberalism is absolute (Issar 2021

International Law for a Time of Monsters: ‘White Genocide’, The Limits of Liberal Legalism, and the Reclamation of Utopia

‘politics’ underwent a profound change itself. As Forrester (2019) has shown, influential Anglo-American scholars in the postwar era recast political questions as abstracted matters of normative philosophy ... . Forrester , Katrina. 2019 . In the shadow of justice: Postwar liberalism and the remaking of political philosophy Princeton: Princeton University Press. Geary , Daniel, Camilla Schofield, and Jennifer Sutton

Kierkegaardian Ethics and the Rule of Law

constructed in social relations, in family settings, community belongings and country loyalties’ (Douzinas 2012, p. 77) , and the ‘emergence of self-consciousness is embedded within this familial, political ... socialized has to be fundamentally sound. For ethical growth, the individual must come into maturity in a society which is itself mature. Hegel’s philosophy of the state focuses on a person’s ‘relationship to