basic question: what is the communality
of each of the various entities in question anchored in? In the Kantian
theory of democracy, the law-generating community is usually the
“community under law” as the identity of the addressees and authors
of the law; political conceptions of the community, by contrast, often
posit the polity as its basis. When endowed with substantial content,
these conceptions give rise to the adoption of homogeneity requirements and create situations of exclusion. Tying the law to homogeneous
communities in this manner is the point of
brother’s death. Memory is the past in mind, history is the past outside of
it, but the borders are not only blurred but porous.
History or oral history?
The subtitle ‘an oral history’ was recommended for this book. Why is it
necessary to distinguish a history book – which needs no subtitle – from
one that uses oral history? Announcing this work as ‘an oral history’ distinguishes it in methodology, but also in focus and content. Oral history
alters the epistemological bases of any study: it changes how we know
what we know about the past, as well as what it is
-communist and anti-Allied, yet its
broadcasts were lively, and its transmitters powerful, bringing it a large
audience.4 The French were also avid cinemagoers during the war. Filmed
news in the Occupied Zone was produced by the Propaganda Abteilung
and a Paris-based section of the Reich’s main production group.5
The Vichy government set up its own propaganda service, which vigorously promoted the National Revolution, and controlled and censored
media content.6 From February 1941, when the fascist Paul Marion
began to gain influence in the Propaganda Ministry, a programme of
dimension. Besides Kant’s idealistic notion, there is at least one
other legal order that foregoes its own coercive enforcement: Jewish
law. Over centuries, Jewish legal traditions have not only theoretically
reflected, but also reliably practiced, a law without any recourse to
state-sanctioned violence. They also were among the most important sources of inspiration for the young Benjamin (as well as for his
The social, political, and cultural circumstances to which any legal
system is subject also contribute to determining the form and content
is because the material, or the content and “stuff,” of the legal procedures are deeds that pertain to other social forms of communication. By
subjecting this material to the requirement of its procedures, law thus
establishes its own normative framework as the necessary condition for
the social acceptability of all other forms of social communication. This
does, of course, not advocate (as Morgan rightly states) “replac[ing]
the other practices” (p. 149); however, it does mean (as Morgan, in my
view, wrongly denies) that law “trumps” the
Erinyes: Well then, question him, and make a straight judgment.
Athena: Then would you turn over the decision of the charge to me?
Erinyes: How not? –since we honor you because you are worthy and
of worthy parentage.
Orestes: You judge whether I acted justly or not; whatever happens to
me at your hands, I will be content.
Breaking with the retributive justice and the turning to the justice of law
requires a double decentering of each party (which only becomes a party
by meeting this requirement). The
Ian McEwan’s The Children Act and the limits of the legal practices in Menke’s ‘Law and violence’
content” of a sustainable social order from empirical investigation of
the psychological and biological mechanisms that might underpin it.33
Nevertheless, what he shares with more recent evolutionary accounts,
and with McEwan, is an acknowledgment of the necessarily social
nature of human identity, and the recognition that this sociality is enabling every bit as much as it is constraining.
By contrast, Menke shares with Rousseau the image of human individuals naturally living in splendid isolation who are therefore transformed in some irrevocable and hurtful way by the
This type of view appears to be
related to the sense of distance from the exercise of such powers felt
by most white participants in our groups. It is easier, perhaps, to
countenance restrictions on fundamental rights if one feels confident
this is unlikely to be experienced directly.
While many of our white participants were either content
This chapter provides a brief overview of the conflict in Bosnia and the European Union’s role since the dissolution of the Yugoslav Federation in 1991 to date. It then introduces the historical institutionalist framework that will guide the analysis of the Common Foreign and Security Policy (CFSP) in Bosnia, looking in particular at the role of learning, path dependency and unintended consequences. In this chapter it is argued that a focus on institutions and political conflict can help us better understand the development of EU foreign and security policy in the past two decades and, in particular, the vexed issues of coherence and effectiveness. This chapter also provides a brief outline of the content of the book.
peace talks descended into full-scale violence. An outline of
cartoon research was also necessary to distinguish it from other media
analyses’ traditional use of political communications to study
Cartoon analysis is the study of a non-elite communication.
It is premised on the idea that audiences inadvertently shape the media
they consume by rewarding producers who create content that