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Title Arendt, Agamben and the Issue of Hyper-Legality : In Between the Prisoner-Stateless Nexus.
Imprint Milton : Routledge, 2018.


 Internet  Electronic Book    AVAILABLE
Description 1 online resource (209 pages)
Bibliog. Includes bibliographical references and index.
Note Available only to authorized UTEP users.
Print version record.
Subject Illegal aliens -- Government policy -- United States.
Illegal aliens -- Civil rights -- United States.
Prisoners -- Government policy -- United States.
Prisoners -- Civil rights -- United States.
Detention of persons -- United States.
United States.
Genre Electronic books.
Contents Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgments; Introduction; Conclusions; Notes; 1. Personhood; Personhood; Personhood in the Twentieth Century; Immigration; Criminalized Citizens; Enemy Combatants; From Person to Neoliberal Subject?; Conclusions; Notes; 2. Is it Better to be a Criminal than a Stateless Person? Revisiting Arendt's Famous Comparison; Arendt's Criminal-stateless Distinction and Agamben's Prison-camp Distinction; Hyper-legality, a Legal Void or Something in Between?; Conclusions; Notes; 3. Blurring Boundaries.
Blurring Boundaries or the Ties that Bind: From Prisons to Detention to Guantánamo and BackThe Cases; Case i: Clinton Correctional Facility; Case ii: Postville; Case iii: Dulce the Refugee; Case iv: the Tipton Three; Magen Tzedek and the Myth of Disposability; Notes; 4. Democratic Sacrifice and Heroism in the Context of Tragedy; The Myth of Earned Citizenship; Myth, Tragedy, Heroism, Sacrifice; Tragedy: The Myth of Earned Citizenship and its Tragic Consequences; The Myth of Disenfranchisement as Choice; Notes; 5. Blurring Paradigms; Blurring Paradigms? Border Dynamics and Broken Windows.
Broken WindowsBorder Politics; The Refugee as Symbol of Rightlessness; Conclusions; Notes; 6. Conclusion: Is it Better to Be a Criminal than a Stateless Person?; Hyper-legality, Resistance, and Trauma; Two Radical Paths: Sanctuary and a Due Process Balancing Test; Conclusions; Notes; Cases Consulted; Index.
Summary 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.
Other Title Print version: Arnold, Kathleen R. Arendt, Agamben and the Issue of Hyper-Legality : In Between the Prisoner-Stateless Nexus. Milton : Routledge, ©2018 9780815381068