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Description
The state of exception in Rwanda did not spontaneously occur in Rwanda, it was initially developed by German and Belgian colonizers, adopted by two successive Hutu regimes, and nurtured and fed for 35 years of Rwandan independence until its final realization in the 1994 genocide. Political theory regarding the development of the "space devoid of law" and necropolitics provide a framework with which to analyze the long pattern of state action that created a milieu in which genocide was an acceptable choice of action for a sovereign at risk of losing power. The study of little-known political theories such as Agamben's and Mbembe's is useful because it provides a lens through which we can analyze current state action throughout the world. As is true in many genocidal regimes, the Rwandan genocide did not just occur as a "descent into hell." Rather, state action over the course of decades in which the subjects of the state (People) were systematically converted into mere flesh beings (people), devoid of political or social value, creates the setting in which it is feasible to seek to eliminate those beings. A question to be posed to political actors and observers around the world today is at what point in the process of one nation's creation of the state of exception and adoption of necropolitics does the world have a right, and a duty, to intervene? Thus far, it has always occurred too late for the "people" in that sovereign to realize their political and social potential to be "People."
ContributorsSinema, Kyrsten (Author) / Johnson, John (Thesis advisor) / Quan, Helen (Committee member) / Gomez, Alan (Committee member) / Doty, Roxanne (Committee member) / Arizona State University (Publisher)
Created2012
Description
Above all else, this project is about parentage in the modern American legal system and culture. Advanced reproductive technologies require our courts to reconsider the long-standing presumption that a child has only one female mother and one male father. We now have children of choice, rather than chance. Assisted Reproductive Technology and its widespread availability and use and changed the landscape of parentage maybe forever. And the children of such efforts remain largely unprotected by our current legal system that favors reproduction by chance within a recognized marriage or at the least, a traditional two-parent paradigm. However, assisted reproduction calls into question the current legal framework for determinations of parentage based in marriage and/or biology. Based on a long and convoluted history, our current legal system conflates marriage and parentage. Moreover, in many circumstances the law restricts both the number and gender of the parties to a marriage or possible parents. One of the more compelling historical and still salient justifications for doing so is to accord the "Best Interest of the Child" standard which purports to underpin all such determinations. Unfortunately, that standard cannot best be met when weighed in a balance against a constitutionally protected exclusive right to parent vested in an adult either by a determination of a genetic link to the child or marriage to another parent. Children of choice, who result from the affirmative and purposive engagement in assisted reproduction, should be entitled to the same protections as children of chance born to a man and woman who are married. Once we look beyond marriage and biology as determiners of parentage, a better way for our legal system to serve the best interests of children, and their parents, is to identify and protect those adult relationships that are parental in nature and that benefit the child irrespective of a marriage between parents or genetic links to the child. Fortunately, the tools to accomplish this paradigm shift already are in existence. The expansion of our commonly used definitions and broader view of our current statutes will allow the legal system to better protect both children of choice and children of chance by making better parentage determinations. To that end, this project also takes on the ambitious task of praxis; of applying the theories to the law as it stands and demonstrating how the new paradigm might look as it is implemented with all of its far-reaching tentacles.
ContributorsRoss, Jane (Author) / Johnson, John (Thesis advisor) / Hepburn, John (Committee member) / Stinson, Judith (Committee member) / Arizona State University (Publisher)
Created2012