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Selected Works

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Full-Text Articles in Political Science

Sexual Violence In The Field Of Vision, Sharon Sliwinski Dec 2017

Sexual Violence In The Field Of Vision, Sharon Sliwinski

Sharon Sliwinski

Meditating on a single photograph from a recent Human Rights Watch report concerning police violence in Northern British Columbia, Canada, this paper pursues two lines of questions about the visual politics of human rights. One concerns how our ways of seeing—our modes of attending to the vulnerability and integrity of particular persons—can itself be understood as a form of human rights practice. The other aims to widen space in contemporary political theory for thinking about how sexual violence functions as a central technology of sovereignty and how we might make this phenomenon more perceptible. The paper explores the ...


How I Learned To Stop Worrying And Use The Legal Argument – A Critique Of Giorgio Agamben’S Notion Of Law, Leila Brännström Dec 2007

How I Learned To Stop Worrying And Use The Legal Argument – A Critique Of Giorgio Agamben’S Notion Of Law, Leila Brännström

Leila Brännström

Giorgio Agamben’s Homo Sacer. Sovereign Power and Bare Life, and State of Exception are, among other things, efforts to explore the deep structures shaping contemporary tendencies in the development of law and politics. Agamben offers us the diagnosis that we live in a ‘permanent state of exception’ – a situation in which law cannot be distinguished from lawlessness. He also suggests a prescription; we ought to look beyond law and reach for a realm of human activity ‘uncontaminated’ by law. He warns us that if we do not over- come law, we risk the ‘juridico-political’ system transforming itself into ‘a ...


Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan Dec 2005

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent ...