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Andreas Fischer- Lescano

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

in Law and violence
Abstract only
Lindsey Dodd

her 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

in French children under the Allied bombs, 1940–45
Lindsey Dodd

-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

in French children under the Allied bombs, 1940–45
Daniel Loick

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 teacher Cohen). The social, political, and cultural circumstances to which any legal system is subject also contribute to determining the form and content of this

in Law and violence
Christoph Menke

procedures. This 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 218 218 Reply view, wrongly denies) that law “trumps” the

in Law and violence
Abstract only
Christoph Menke

of judgment: 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. (Eumenides, 433–​35) Orestes: You judge whether I acted justly or not; whatever happens to me at your hands, I will be content. (Eumenides, 468–​69) 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

in Law and violence
Abstract only
Ian McEwan’s The Children Act and the limits of the legal practices in Menke’s ‘Law and violence’
Ben Morgan

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

in Law and violence
Lee Jarvis and Michael Lister

Female) 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

in Anti-terrorism, citizenship and security
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Ana E. Juncos

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.

in EU Foreign and Security Policy in Bosnia
Abstract only
Ilan Danjoux

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 elite opinion. 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

in Political cartoons and the Israeli-Palestinian conflict