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Abstract

This essay puts in conversation some of Seyla Benhabib’s insights about exiled, stateless and migrant populations with ongoing discussions in critical race theory about the racial exclusions of indigenous populations and populations of colour not only in the foundations of Western modern states but also in their contemporary functioning today. The essay locates these exclusions not only in the failures of states but also in their proper functioning, that is, in their very design and constitutive structures, focusing for this purpose on what is described as constitutive exclusions. The essay argues that the relationship between legal agency and social and political agency needs further articulation within Benhabib’s jurisgenerative politics in order to properly address constitutive exclusions.

Keywords

agency critical race theory political exclusion resistance social death

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References

Benhabib

Seyla

. 2018. Exile, Statelessness, Migration. Princeton: Princeton University Press.

Brown

Vincent

. 2009. “Social Death and Political Life in the Study of Slavery.” The American Historical Review 114, no. 5 (December): 1232–49.

Crenshaw

Kimberlé

. 1989. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” University of Chicago Legal Forum 8(1): 139–67.

Davis

Angela

. 2016. Freedom is a Constant Struggle. Chicago: Haymarket Books.

Dussel

Enrique

. 2013. Ethics of Liberation: In the Age of Globalization and Exclusion. Durham: Duke University Press.

Mbembe

Achille

. 2001. On the Postcolony. Berkeley: University of California Press.

Mohanty

Chandra

. 2003. Feminism Without Borders. Durham: Duke University Press.

Patterson

Orlando

. 1985. Slavery and Social Death: A Comparative Study. Cambridge: Harvard University Press.

Shklar

Judith

. 1998. American Citizenship: The Quest for Inclusion. Cambridge: Harvard University Press.

10.

Williams

Patricia

. 1992. The Alchemy of Race and Rights. Cambridge: Harvard University Press.

The other within: Agency and resistance under conditions of exclusion

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