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Lecture

LAWS 2502 - March 5, 2014

3 Pages
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Department
Law
Course Code
LAWS 2502
Professor
Stacy Douglas

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Post-Liberal Rights? Review (Foucault had three forms of power) •What is the significance of this image to our course? [picture of a guillotine] o Sovereign power and punishment o Concerned with punishment of offences against the sovereign o Focused on public displays of punishment that i) deter others and ii) demonstrate the power of the sovereign • Foucault: historical power and how power evolves • Sovereign showed power by killing people and this is how they showed it  Said that power is not just top down, it is institutions that it is dispersed through  **Power is capillary, is not just top down** • "Writing from a Western perspective, power and punishment is organized through sovereign power, power is demonstrated through public displays of killing people  If you go against sovereign, you will die, torture, execution •What about this image? [picture of prison] o Disciplinary power: differs from sovereign because it is no longer interested in the public display of power, interested in privatizing and rehabilitating the criminal o For Foucault: 'disciplinary power" o Emerges in he 17th and 18th centuries o Is concerned with reforming individuals (rather than merely killing them) o Introduces institutional measures concerned with civility that encourage us to govern ourselves • With the rise of disciplinary power, people take on the power of policing themselves more and more •Third form of power (BIOLPOLITICAL POWER) o Third evolution, not so much punishment, organizes life • What are some important themes from Kafka's the Trial? o Critique of Liberalism o Critique of order and reason • No matter how much he thinks he knows how to do  He tries to go through the correct channels, he never gets what he wants  Juncture of what he thinks can happened and what does happen  There is no clear path, it is refused in this novel  Not that joseph K was wrong, the whole mythology of order and reason is taken away o Critique of totalitarianism o Critique of bureaucracy o Critique of the promise of law o Critique of the (im)possibility of justice •What is a critique we may launch against the novel's portrayal of the mysteries and inaccessibility of the law? o While Kafka's tale articulates a poignant critique of the inaccessibility of the law, we are not all equally vulnerable to its mysteries o Consider the role of racism, classism and other power differentials in determining who comes "before the law". • What is the difference, if any, between K's experiencing in the novel and that of the five travellers' from the Wizard of Oz? o K never meets the man behind the curtain Post Liberal Rights: • Marx: "Everyone is NOT equal" o Equality before the law entrenches inequality • Carl Schmitt: rights can be suspended in times of exception (ie. National se
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