Critical theory and legal autopoiesis

In 1796 a German politico-philosophical manifesto proclaims the 'highest act of reason' as an 'aesthetic act'. The ways in which this transformation relates to the development of some of the major directions in modern philosophy is the focus of this book. The book focuses on the main accounts of the human subject and on the conceptions of art and language which emerge within the Kantian and post-Kantian history of aesthetics. Immanuel Kant's main work on aesthetics, the 'third Critique', the Critique of Judgement, forms part of his response to unresolved questions which emerge from his Critique of Pure Reason and Critique of Practical Reason. The early Romantics, who, after all, themselves established the term, can be characterized in a way which distinguishes them from later German Romanticism. The 'Oldest System Programme of German Idealism', is a manifesto for a new philosophy and exemplifies the spirit of early Idealism, not least with regard to mythology. The crucial question posed by the Friedrich Wilhelm Joseph Schelling of the System of Transcendental Idealism (STI) is how art relates to philosophy, a question which has recently reappeared in post-structuralism and in aspects of pragmatism. Despite his undoubted insights, Georg Wilhelm Friedrich Hegel's insufficiency in relation to music is part of his more general problem with adequately theorising self-consciousness, and thus with his aesthetic theory. Friedrich Schleiermacher argues in the hermeneutics that interpretation of the meaning of Kunst is itself also an 'art'. The book concludes with a discussion on music, language, and Romantic thought.

This book explains theoretical work in postcolonial and postsocialist studies to offer a novel and distinctive insight into how Yugoslavia is configured by, and through, race. It presents the history of how ideas of racialised difference have been translated globally in Yugoslavia. The book provides a discussion on the critical race scholarship, global historical sociologies of 'race in translation' and south-east European cultural critique to show that the Yugoslav region is deeply embedded in global formations of race. It considers the geopolitical imagination of popular culture; the history of ethnicity; and transnational formations of race before and during state socialism, including the Non-Aligned Movement. The book also considers the post-Yugoslav discourses of security, migration, terrorism and international intervention, including the War on Terror and the refugee crisis. It elaborates how often-neglected aspects of the history of nationhood and migration reveal connections that tie the region into the global history of race. The book also explains the linkage between ethnic exclusivism and territory in the ethnopolitical logic of the Bosnian conflict and in the internationally mediated peace agreements that enshrined it: 'apartheid cartography'. Race and whiteness remained perceptible in post-war Bosnian identity discourses as new, open-ended forms of post-conflict international intervention developed.

This book addresses the major theoretical and practical issues of the forms of citizenship and access to citizenship in different types of polity, and the specification and justification of rights of non-citizen immigrants as well as non-resident citizens. It also addresses the conditions under which norms governing citizenship can legitimately vary. The book discusses the principles of including all affected interests (AAI), all subject to coercion (ASC) and all citizenship stakeholders (ACS). They complement each other because they serve distinct purposes of democratic inclusion. The book proposes that democratic inclusion principles specify a relation between an individual or group that has an inclusion claim and a political community that aims to achieve democratic legitimacy for its political decisions and institutions. It contextualizes the principle of stakeholder inclusion, which provides the best answer to the question of democratic boundaries of membership, by applying it to polities of different types. The book distinguishes state, local and regional polities and argues that they differ in their membership character. It examines how a principle of stakeholder inclusion applies to polities of different types. The book illustrates the difference between consensual and automatic modes of inclusion by considering the contrast between birthright acquisition of citizenship, which is generally automatic, and naturalization, which requires an application.