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This article is an extended analysis of the historyand anomalies in the doctrine of American Indiantribal sovereignty. I explain that America gainedindependence, but took Indian land and colonized thetribes just as it had been colonized under theBritish. It asserted sovereignty for itself, butsubordinated the once independent tribes with aparadoxical semi-sovereign status as `dependentdomestic nations', all of this justified by the racialand cultural otherness of Indians. Using a Lacanianperspective, I show that America was founded on a`wound' or inconsistency at the heart of itsideological and constitutional order. In order torectify the inconsistencies that the initial `wound'produces, the law and political order havecontinuously had to adopt fictions (legal and racial). American law and policy has never been able to settlethe ambiguous doctrine of Indian sovereignty. As aresult, the law circles round and round in trying todefine it, and asserting and denying it, all in anunsuccessful attempt to make the constitutional orderwhole. It cannot succeed, however, since the ultimatesolution is an American sovereignty which, like God,admits of no limitation.  相似文献   
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This article traces the repression of a signifying elements like color in the art of the late medieval period and coordinates it with the rise of text, sovereignty and legal order in the 16th century. It uses Deleuze’s notions of life and the virtual as a springboard for an analysis of the power of color in Giotto, Fra Angelico, Grunewald, Cranach and Holbein. It traces a trajectory from an art in the late Middle Ages that decodes and escapes judgment through a joyful use of color to a privileging of text (be it biblical or legal), repression of color and its reterritorialization in classical representation, a despotic regime of signs – seen quite literally in the portrait of the imperial and despotic monarch, Henry VIII. This trajectory in art is linked to an analogous movement: the imposition and extension of sovereignty and the legal system as well as the colonization of social life by law in the formative period of the nation state. The challenge is to create a world of technicolor, to actualize the color of living and the living of color. Without it, there is only law, in black and white.
Marty SlaughterEmail:
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Slaughter  Marty 《Law and Critique》2004,15(3):231-257
Lyotard and Deleuze made extensive use of modern art to mount a critique of representation as part of their attack on the enlightenment subject. Art breaks out of received rules, conventions, forms, and cliches and is an instance of ethical if not revolutionary activity. Lyotard first developed these ideas through the concept of the Figure, which Deleuze later adopted. Figure is the desire or force that transgresses and deforms the good form of mimetic representation. Using Cezanne and Francis Bacon as paradigmatic examples, they argue that art creates new feelings and desires (Lyotard) or intensities and sensations (Deleuze). For Deleuze this is the model of ethical behavior -- the creation of new, productive forms of life free from the negativity of judgment. While Lyotard and Deleuze started from a common point, Lyotard changed his position in his later work on the sublime. Rather than positing a subject of purely affirmative desire and ideally free of the limitations of judgment, he posited a subject seized by and limited by the law. The subject is by nature divided: always already seized by and hostage to an Other, an unrepresentable excess or remainder. He is under an obligation to recollect and respond to the Other by bearing witness to it. The sublime experience of seizure by the law is exemplified in the paintings of Barnett Newman. While Deleuze would have done with judgment, Lyotard can never have done with it.  相似文献   
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Economic Insecurity and the Globalization of Production   总被引:5,自引:0,他引:5  
A central question in the international and comparative political economy literatures on globalization is whether economic integration increases worker insecurity in advanced economies. Previous research has focused on the role of international trade and has failed to produce convincing evidence that such a link exists. In this article, we argue that globalization increases worker insecurity, but that foreign direct investment (FDI) by multinational enterprises (MNEs) is the key aspect of integration generating risk. FDI by MNEs increases firms' elasticity of demand for labor. More-elastic labor demands, in turn, raise the volatility of wages and employment, all of which tends to make workers feel less secure. We present new empirical evidence, based on the analysis of panel data from Great Britain collected from 1991 to 1999, that FDI activity in the industries in which individuals work is positively correlated with individual perceptions of economic insecurity. This correlation holds in analyses accounting for individual-specific effects and a wide variety of control variables.  相似文献   
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The G20’s capacity to promote global justice is up for debate. This article contends that the G20 has both problems and possibilities with respect to helping advance global justice. The potential of the G20 to promote global justice stems from its importance as a site for deliberation of policy ideas and its recent efforts to promote greater outreach and engagement with societal interests and states outside its narrow membership. Ultimately, G20 policy discussions could be more effective if its processes were more deliberative and better considered questions of justice and the perspectives of people affected by its decisions. The article utilises a transnational application of deliberative democracy theory to outline this potential. It attempts to identify this potential by drawing a practical balance between the normative importance of justice and the contemporary reality of the G20’s purpose and function.  相似文献   
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One important puzzle in international political economy is why lower‐earning and less‐skilled intensive industries tend to receive relatively high levels of trade protection. This pattern of protection holds across countries with vastly different economic and political characteristics and is not well accounted for in existing political economy models. We propose and model one possible explanation: that individual inequity aversion leads to systematic differences in support for trade protection across industries. We conduct original survey experiments in China and the United States and provide strong evidence that individual policy opinions about sector‐specific trade protection depend on the earnings of workers in the sector. We also present structural estimates that advantageous and disadvantageous inequality influence support for trade protection in the two countries.  相似文献   
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The rising profile of the G20 in the aftermath of the Global Financial Crisis has led to various forms of concern about the legitimacy of this forum. While debates about the legitimacy of the G20 are important and ongoing, they overlook the important observation that the G20 is also attempting to perform a key role in legitimating global capitalism. This role of legitimating global capitalism emphasises the importance of the G20 to act, and be seen to act, to normalise global capitalism, to strengthen global economic governance, and also facilitate a political consensus with regard to key policy issues. This essay critically examines the role that the G20 plays in legitimating global capitalism and contends that the G20 is not just a technical forum of international policy-making but also a political forum for creating and performing visible responses to problems which are seen to be socially responsive.  相似文献   
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