Penal Regimes of Political Delinquency

Author(s):  
Nitzan Shoshan

This chapter examines the juridical production of what it calls “political delinquency,” a figure that condenses irresolvable contradictions between forceful taboos on the one hand and liberal law on the other. Drawing on ethnographic materials, legal texts, and court cases, the chapter shows that the production of political delinquency, including that of young right-wing extremists, ultimately rests on hermeneutical procedures that appeal to affective states in general and hate in particular. It asks a number of questions, such as how the legal banning of right-wing extremism tallies with the constitutional prohibition of censorship, or what assumptions about symbols, their users, and the context of their deployments underpin the interpretative frameworks under which law regulates nationalism and xenophobia in Germany. It also considers denazification in juridical institutions and practices, ambiguities in interpreting legal codes as well as symbols/signs, and mechanisms of legal regulation.

2021 ◽  
Vol 13 (24) ◽  
pp. 11-45
Author(s):  
Krzysztof Izak

Kryzys imigracyjny w 2015 r. stał się motorem dla ruchów i partii negujących dotychczasowy porządek polityczny, także tych, które nie ukrywają swoich ksenofobicznych haseł i idei. Z perspektywy czasu jest coraz więcej oznak, że decyzja o niekontrolowanym przyjęciu uchodźców była bardziej wyrazem myślenia życzeniowego niż racjonalnym rozstrzygnięciem uwzględniającym rzeczywistą sytuację polityczną. Tym samym Europa znalazła się w niebezpiecznej sytuacji, kiedy to z jednej strony rosną w siłę ruchy skrajnie prawicowe, a z drugiej – radykalny islam. Każda z tych formacji legitymizuje swoje istnienie i metody działania istnieniem drugiej strony, a także próbuje doprowadzić do polaryzacji społeczeństwa i stworzenia takiej sytuacji, która niejako wymusi na obywatelach opowiedzenie się po stronie którejś z tych formacji. Paradoksalnie, decyzja kanclerz Merkel znacznie zwiększyła ryzyko wystąpienia takiego scenariusza, dlatego też niemieckie władze postrzegają i islamski, i prawicowy ekstremizm jako stwarzające jednakowe zagrożenie bezpieczeństwa państwa. Jednak dopiero ostatnie zamachy terrorystyczne w październiku i listopadzie 2020 r. we Francji i Niemczech przyczyniły się do zmiany politycznej narracji. Changes in the perception of immigration, integration, multiculturalism and threats of Islamic radicalism in certain EU member states The 2015 immigration crisis became a driving force for movements and parties that negate the current political order, including those that do not conceal their xenophobic slogans and ideas. In retrospect, there are more and more signs that the decision to accept the uncontrolled refugee influx was more an expression of wishful thinking than a rational decision, taking into account the actual political situation. Thus, Europe finds itself in a dangerous situation with far-right movements on the one hand, and radical Islam on the other. Each of these formations legitimizes its existence and methods of operation by the existence of the other side, trying to polarize society and create a situation that will somehow force citizens to opt for one of the two options. Paradoxically, Chancellor Merkel’s decision significantly increased the risk of such a scenario, hence the perception of Islamic and right-wing extremism by the German authorities as posing an equal threat to state security. However, it was only the recent terrorist attacks in October and November 2020 in France and Germany that changed the political narrative.


2021 ◽  
Vol 13 (24) ◽  
pp. 375-403
Author(s):  
Krzysztof Izak

The 2015 immigration crisis became a driving force for movements and parties that negate the current political order, including those that do not conceal their xenophobic slogans and ideas. In retrospect, there are more and more signs that the decision to accept the uncontrolled refugee influx was more an expression of wishful thinking than a rational decision, taking into account the actual political situation. Thus, Europe finds itself in a dangerous situation with far-right movements on the one hand, and radical Islam on the other. Each of these formations legitimises its existence and methods of operation by the existence of the other side, trying to polarise society and create a situation that will somehow force citizens to opt for one of the two options. Paradoxically, Chancellor Merkel’s decision to admit immigrants significantly increased the risk of such a scenario, hence the perception of Islamic and right-wing extremism by the German authorities as posing an equal threat to state security. However, it was only the recent terrorist attacks in October and November 2020 in France and Germany that changed the political narrative.


2001 ◽  
Vol 16 (2) ◽  
pp. 243-261 ◽  
Author(s):  
BETTINA DENNERLEIN

This article is devoted to an analysis of Algerian court cases. It focuses on family law in practice, in order to shed light on the disputed character of this realm of law and the ambiguity involved in its reform. The aim of the article is to question the assumption of an intrinsic opposition between the (traditional/Muslim) family on the one hand, and (modern) state law on the other. It will be argued that the legal regulation of the family, far from being simply imposed by the state, represents a dynamic process in which different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Court covering the period from 1963 (the year of the its creation) to 1990.


2017 ◽  
Vol 16 (4) ◽  
pp. 551-565 ◽  
Author(s):  
Ruth Wodak

Abstract In this paper, I discuss the attempt by all right-wing populist parties to create, on the one hand, the ‘real’ and ‘true’ people; and on the other, the ‘élites’ or ‘the establishment’ who are excluded from the true demos. Such divisions, as will be elaborated in detail, have emerged in many societies over centuries and decades. A brief example of the arbitrary construction of opposing groups illustrates the intricacies of such populist reasoning. Furthermore, I pose the question why such divisions resonate so well in many countries? I argue that – apart from a politics of fear (Wodak 2015) – much resentment is evoked which could be viewed as both accompanying as well as a reaction to the disenchantment with politics and the growing inequalities in globalized capitalist societies.


2019 ◽  
pp. 1-20
Author(s):  
Tomáš Profant

Development cooperation or aid is often perceived as a form of charity or a good deed that is being carried out only with the best intentions. Racism, on the other hand, is most often connected with right wing extremism (even though in Slovakia it is connected also with the wider political center). The basic assumption of this theoretical article is the opposite. One can find racism also in development and development cooperation. The article tries to answer the following question: What are the main forms of racism in development and development cooperation? On the basis of the extant and my own research the article categorizes the forms of racism in development and development cooperation and identifies the three main ones: development discourse, structural racism connected with the racially differentiated global capitalist system and an everyday racism connected with racially biased institutions. The conclusion poses a question regarding the way one may fight these forms of racism and briefly answers it.


Author(s):  
Volker Woltersdorff aka Lore Logorrhöe

This article addresses a lack in both queer and anti-neoliberal political critique: on the one hand, queer theoretical approaches neglect questions of production and class, on the other hand economical analyses all too often ignore the question of sexuality. The author argues that this blank is symptomatic for the current regime that reins the construction of sexual identities and he asks why it is so difficult to do otherwise. While religious fundamentalists, nationalist and racists unanimously reject both homosexuality and neoliberalism, official neoliberal discourse in the European Union includes tolerance of homosexuality within its list of allegedly European values. In Germany and in the Netherlands, right wing liberal policies thus give anti-homophobic struggles a nationalist and racist stance, constraining them to co-opt neoliberalism, consumerism, nationalism and racism. Finally the article discusses whether the notion of precariousness could help to link economic and sexual concerns such a way that the dialectics of individuality and risk taking in neoliberalism are illustrated.


2011 ◽  
pp. 168-190
Author(s):  
Kinga Schlesinger

The article scrutinises the issue of right-wing extremism in Germany in recent years. The analysis leads to the conclusion that this problem is gathering in force in the UE while in Germany it is tending to diminish. The anti-extremism actions undertaken in Germany are so significant that they may provide a sui generis model for the other EU states and the European Commission to follow. The article describes, how right-wing extremism is prevented and countered, in particular as exemplified by Germany. Anti-extremist actions are carried out with regard to various entities and in various fields, namely, legislation, justice, administration, education, the media and NGOs. The article provides a review of anti-extremism strategies applied by the state bodies to the extreme right-wing parties, from marginalising them, in the case of Germany, to accepting them into ruling coalitions, in the case of Austria. The author’s considerations lead her to the conclusion that the main target groups in anti-extremist actions should be the youth and journalists.


Author(s):  
Andrea Botto Stuven

The Documentation Center of the Contemporary History of Chile (CIDOC), which belongs to the Universidad Finis Terrae (Santiago), has a digital archive that contains the posters and newspapers inserts of the anti-communist campaign against Salvador Allende’s presidential candidacy in 1964. These appeared in the main right-wing newspapers of Santiago, between January and September of 1964. Although the collection of posters in CIDOC is not complete, it is a resource of great value for those who want to research this historical juncture, considering that those elections were by far the most contested and conflicting in the history of Chile during the 20th Century, as it implicted the confrontation between two candidates defending two different conceptions about society, politics, and economics. On the one hand, Salvador Allende, the candidate of the Chilean left; on the other, Eduardo Frei, the candidate of the Christian Democracy, coupled with the traditional parties of the Right. While the technical elements of the programs of both candidates did not differ much from each other, the political campaign became the scenario for an authentic war between the “media” that stood up for one or the other candidate. Frei’s anticommunist campaign had the financial aid of the United States, and these funds were used to gather all possible resources to create a real “terror” in the population at the perspective of the Left coming to power. The Chilean Left labeled this strategy of using fear as the “Terror Campaign.”


2018 ◽  
Vol 26 (3) ◽  
Author(s):  
Clare Hemmings

Abstract: Feminist theory worldwide is confronting - perhaps as it always has done - a series of deep challenges. On the one hand, awareness of gender and sexual inequalities seems high; on the other, co-optation of feminism for nationalist or other right-wing agendas is rife. On the one hand, feminist social movements are in ascendancy, on the other there is a continued dominance of single issue feminism and a resistance to intersectional, non-binary interventions. If we add in the collapse of the Left in the face of radical movements such as those underpinning Brexit and Trump (and the frequent blaming of feminism for fragmentation of that Left) then it is hard to know what to argue, to whom, and for what ends. In the face of such claims it is tempting to respond with a dogmatic or singular feminism, or to insist that what we need is a shared, clear, certain platform. I want to argue instead - with Emma Goldman (anarchist activist who died in 1940) as my guide - that it can be politically productive to embrace and theorise uncertainty, or even ambivalence, about gender equality and feminism.


2009 ◽  
Vol 27 (2) ◽  
pp. 92-107 ◽  
Author(s):  
Frank Decker ◽  
Lazaros Miliopoulos

Right-wing extremist and populist parties operate in a rather difficult social and political environment in Germany, rendering notable electoral success fairly improbable, especially when compared to other European countries. The main reason for this is the continuing legacy of the Nazi past. Nevertheless the neo-Nazi National Democratic Party of Germany (NPD) managed to gain substantial votes in recent Land elections and became the leading force in the right-wing extremist political camp. Its success is attributable to rightwing extremist attitudes in some parts of the electorate in connection with a widespread feeling of political discontent. Nevertheless, it is questionable whether the NPD will be able to transform these attitudes into a viable ideological basis for two main reasons. On the one hand, maintaining a neo-Nazi ideology makes the NPD unattractive to many potential voters. On the other hand, given its internal power struggles and severe financial problems, the party may be unable to meet its challenges in organizational terms.


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