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the law among the objects of their influential analyses in 168 168 Responses social theory.2 The third generation of critical theorists affiliated with the Frankfurt School has now established legal theory as a central field of research, also with significant contributions from scholars whose primary training is in other fields. This trend is manifest in Axel Honneth’s Hegelian philosophy of law, Rainer Forst’s theorem of justification, which draws on Rawlsian liberalism, Hauke Brunkhorst’s combining of systems-theoretical with discourse
This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.
the law 133 its original context by virtue of its being recognized as an instance of “excellence within its own parameters,” of its embedding a singular and exceptional well-formedness. From a phenomenological point of view, deliberative reason is correlated not with “epoché” but with a “sense of urgency”: namely, the practical urgency of having to find an answer before a consensus on the contested underlying principles is reached. We have to legislate on abortion, same-sex marriage, stem cell research, and similar issues without affording the luxury of waiting
his reading of Benjamin in “Law and Violence” might be freed from an unhelpful debt to Derrida and recalibrated to strengthen his attempt to find relief from the law, within and alongside the law. McEwan’s novel centers on a British High Court Judge, Mrs Justice Fiona Maye, who works within the Family Division. It has been carefully researched and draws in particular on three judgments from 1993, 2001, and 2012/2013.11 The last judgment, Re G (Children) (Religious Upbringing: Education) [2012] EWCA Civ 1233, [2013] 1 F.L.R. 677 by Sir James Munby, is particularly
). 'Check-list' descriptions of determination practices, I argue, have the political effect of Othering alternative enactments of the case. They steer asylum requests towards denial by making alternative ways of enacting a case hard to see. To support these claims, this chapter shall stitch Mol’s concept of ontological coordination to a series of stories I experienced while conducting documentary research
place that the UN’s evolving approach to conflict involves a number of normative changes in addition to the several empirical changes which have been the subject of much scholarly research in the post-Cold War period. More importantly, it suggests that this evolving approach indicates a deeper and gradual, though highly obscured, normative shift that gives the UN a new institutional meaning, a new raison
Humanitarian intervention – that is, military intervention aimed at saving innocent people in other countries from massive violations of human rights (primarily the right to life) – entered public consciousness around 1990 as never before in the course of the twentieth century. It has earned a central place in scholarly research and in the preoccupations of decision-makers and international organizations and has captured the imagination of the wider public in a
make it possible to track and survey the movement of humans and objects across space in real time. This list of examples is tentative and could easily be continued – yet it is emblematic of a way of thinking about security and mobility together that is reflected in political programmes and ensuing analyses. What is striking is that research from the field of critical security studies largely focuses on movement as such, and
mention of the rise of surveillance studies, its impact on security studies in particular and on the study of social control more generally (Lianos 2013 ). The emphasis on technologies and the different tools used in order to enhance surveillance is a crucial part of the critical security research agenda. David Lyon ( 1994 ; 2003 ) aptly highlights how surveillance actually became a feature not only of the
D ID WATER SCARCITY precipitate the 1980s’ intifada – the violent conflict between the Palestinians and the Israelis? This difficult question is the type of issue with which environmental security researchers grapple. Obviously, violent conflict results from multiple factors, such as ethnic tension, failed deterrence, and misperception. The environmental