Arendt, Agamben and the Issue of Hyper-Legality - In Between the Prisoner-Stateless Nexus (Hardcover)

In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt's comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems - immigrant detention and the prison system - are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners' rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.

General

Imprint:	Crc Press
Country of origin:	United States
Release date:	June 2018
First published:	2018
Authors:	Kathleen R. Arnold
Dimensions:	229 x 152 x 19mm (L x W x T)
Format:	Hardcover
Pages:	198
ISBN-13:	978-0-8153-8105-1
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Social sciences > Sociology, social studies > Social institutions > General Books > Social sciences > Politics & government > Political structure & processes > Democracy Books > Law > Laws of other jurisdictions & general law > Social law > General Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > Immigration law Books > Humanities > Philosophy > Western philosophy > Modern Western philosophy, c 1600 to the present > Western philosophy, from c 1900 - > General Books > Philosophy > Topics in philosophy > Social & political philosophy Books > Philosophy > Western philosophy > Modern Western philosophy, c 1600 to the present > Western philosophy, from c 1900 - > General
LSN:	0-8153-8105-0
Barcode:	9780815381051

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