Search Results

You are looking at 1 - 9 of 9 items for :

  • Political Theory x
  • Democratization Studies x
  • All content x
Clear All
Restricted access

Theory Versus Practice

History Says That Practice Makes Perfect (And That Judges Are Better Too)

Scott Merriman

Theory argues that rights-based judicial review fails because it does not have popular support. However, examining actual events in battles over freedom of speech, privacy and civil rights demonstrates that this theory often fails when applied. Those arrested during the First World War in America often only received redress through administrative agencies. Civil rights protestors' experiences prove that the federal courts were the only ones generally to protect their rights, and that the legislatures failed to act. Similarly, judicial review increased the freedom of the press during the 1960s, which in turn boosted the civil rights movement. Finally, it was the courts which helped Americans to realize their right to privacy. Included in that right to privacy was the right for people to marry regardless of their race. Overall, courts and administrative agencies, particularly at the federal level, do a better job at protecting rights than legislatures.

Restricted access

Deleuze's Postscript on the Societies of Control

Updated for Big Data and Predictive Analytics

James Brusseau

opportunity. We are all together in the interminable market, though each of us has our own trajectory, and next purchase to make. The final update for living in a control society involves privacy, defined as individuals having the power to regulate access to

Restricted access

The Will of the People?

Carl Schmitt and Jean-Jacques Rousseau on a Key Question in Democratic Theory

Samuel Salzborn

between rulers and the ruled—but Schmitt goes further in concretizing Rousseau’s vague notions, with a conception of democracy that tries to exclude all liberal elements and Enlightenment ideals (such as freedom, subjectivity, privacy, etc.), so that

Restricted access

From Schmitt to Foucault

Inquiring the Relationship between Exception and Democracy

Sara Raimondi

the rule”, see also Agamben’s indebtedness to Benjamin ( Benjamin 1968 , 1996 ; also in Erlenbusch 2010 ; Kotsko 2008 ). 9 Systematic communication monitoring, body searches, temporary imprisonments and breach of privacy and data access violating

Restricted access

Nancy S. Love, Sanford F. Schram, Anthony J. Langlois, Luis Cabrera, and Carol C. Gould

the increased availability of public platforms for participation. Thus far, alongside the pernicious surveillance and intrusion on privacy that the Internet has enabled, networking has had some decentralizing effects and has been useful for organizing

Restricted access

Neoliberalism, Hedonism and the Dying Public

Reclaiming Political Agency through the Exercise of Courage

Grant M. Sharratt and Erik Wisniewski

Arendt describes as the ‘social’ realm, the emergence of a ‘common wealth, the result of activities formerly banished to the privacy of the households’ that ‘was permitted to take over the public realm’ ( Arendt 1998: 68 ). But Arendt's description of a

Open access

American Extraterritorial Legislation

The Data Gathering behind the Sanctions

Ali Laïdi

of individual privacy rights’. 15 When internet giants think privacy, senators think national security. Hence, Congress justifies the Cloud Act in order to ‘fight serious crime’. 16 This sufficiently vague notion authorizes all digital intrusions

Restricted access

Moral Conflict

The Private, the Public and the Political

Marios Filis

proper relation between what is public and what is political, with reference to the issue of privacy, is also one of the great debates of political thinking (see for example Arendt 1998 ; and Frazer 2010: 84 ). My purpose, here, is neither to engage in

Restricted access

Patrick Cockburn

( Waldron 2000 , 2009 ). Waldron’s main point in his arguments about homelessness and property is a perceptive one: while property rights are crucial for maintaining spheres of privacy and autonomy in our lives, these very same rights place a great burden