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The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive...
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Critics have claimed that Jean-Jacques Rousseau was a primitivist uncritically preoccupied with "noble savages" and that he remained oblivious to the African slave trade. Fugitive Rousseau presents the emancipatory possibilities of Rousseau's thought and argues that a fresh, "fugitive" perspective on political freedom is bound up with Rousseau's treatments of primitivism and slavery. Rather than trace Rousseau's arguments primarily to the social contract...
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At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights....
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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art...
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Antiblack racism avows reason is white while emotion, and thus supposedly unreason, is black. Challenging academic adherence to this notion, Lewis R. Gordon offers a portrait of Martinican-turned-Algerian revolutionary psychiatrist and philosopher Frantz Fanon as an exemplar of "living thought" against forms of reason marked by colonialism and racism. Working from his own translations of the original French texts, Gordon critically engages everything...
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More than a purely philosophical problem, straddling the ambivalent terrain between necessity and impossibility, contingency has become the very horizon of everyday life. Often used as a synonym for the precariousness of working conditions under neoliberalism, for the unknown threats posed by terrorism, or for the uncertain future of the planet itself, contingency needs to be calculated and controlled in the name of the protection of life.
The overcoming...
7) The Mandate of Dignity: Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice
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A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of "socioeconomic rights," his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning...
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Might creolization offer political theory an approach that would better reflect the heterogeneity of political life? After all, it describes mixtures that were not supposed to have emerged in the plantation societies of the Caribbean but did so through their capacity to exemplify living culture, thought, and political practice. Similar processes continue today, when people who once were strangers find themselves unequal co-occupants of new political...
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