Penal Regimes of Political Delinquency
Penal Regimes of Political Delinquency
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.
Keywords: political delinquency, liberal law, right-wing extremists, hate, censorship, nationalism, xenophobia, juridical institutions, legal codes, legal regulation
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