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| Content Provider | Springer Nature Link |
|---|---|
| Author | Zevnik, Andreja |
| Copyright Year | 2011 |
| Abstract | The Guantanamo detention facility, from its early days an emblem for human rights abuses, is a space where legal subjectivity of detainees is contested or even permanently suspended. This essay argues that we should look for the underlying rationale for this treatment not in the politicians who pursue intelligence, security, and strategic interest, or indeed even revenge for 9/11, but rather in the logic—or the ontology—that drives the present political and legal system. This is not to say, of course, that politicians play no role, or that they are mere ‘victims’ of social and political power relations—far from it; yet, it has to be acknowledged that the foundational assumptions on which the existing system operates create conditions of possibility for such degrading actions and exclusionary politics. This paper will first explore these philosophical foundations that enable such an understanding of exclusionary legal subjectivity as we see practiced in Guantanamo, amongst other places; secondly, it will search for an alternative logic of legal subjectivity as a ‘foundation’ for rights. Gilles Deleuze’s notion of ‘becoming’ as a potentially facilitative practice for an ‘open’ notion of legal subjectivity, as well as Alain Badiou’s account of ethics and evil, which points to a more ‘inclusive’ yet ‘situational’ understanding of human rights, will prove particularly useful here. |
| Starting Page | 155 |
| Ending Page | 169 |
| Page Count | 15 |
| File Format | |
| ISSN | 09578536 |
| Journal | Law and Critique |
| Volume Number | 22 |
| Issue Number | 2 |
| e-ISSN | 15728617 |
| Language | English |
| Publisher | Springer Netherlands |
| Publisher Date | 2011-03-25 |
| Publisher Place | Dordrecht |
| Access Restriction | One Nation One Subscription (ONOS) |
| Subject Keyword | The Becoming Critique of human rights Guantanamo detainees The new being of human rights Roman Law/Law History/Canon Law Philosophy of Law Law Theory/Law Philosophy Criminology & Criminal Justice Political Philosophy |
| Content Type | Text |
| Resource Type | Article |
| Subject | Law |
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