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Maja Zehfuss

Ferdinand de Saussure’s arguments in order to offer some thoughts on the role of naming in relation to the Kosovo conflict. Naming concerns the relationship of language and reality. Using Jacques Derrida’s thought, the second section argues that the idea of the existence of a reality, which constrains our actions, is itself a representation, which has political implications. The third section explores how

in Mapping European security after Kosovo
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Ian McEwan’s The Children Act and the limits of the legal practices in Menke’s ‘Law and violence’
Ben Morgan

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

in Law and violence
Reflections on Menke’s ‘Law and violence’
Alessandro Ferrara

 law Law, argues Menke in the first section of his essay, is inextricably bound up with a paradoxical relation to violence: aimed at curbing violent action taking place in the legal area that it regulates, law performs its function through directives backed up by a violence which is always lurking in the background and is sometimes manifestly applied. Within this classical topos –​already found in Benjamin’s essay “Critique of Violence” and in Derrida’s revisitation of it in his Cardozo Law School lecture “Force of Law: ‘The Mystical Foundation of Authority’ ”1 –​ Menke

in Law and violence
Andreas Fischer- Lescano

unitary templates, and social rather than political lawmaking: these are then the basic coordinates. They are also what Jacques Derrida had in mind when he argued that the “effective responsibility” of any intellectual engagement consisted in “doing everything to transform the existing state of law […] [and] inventing new laws,” a task that, he noted, is “transnational and not just cosmopolitan, because the cosmopolitan still presupposes the categories of the state and the citizen, even if the citizen is a world citizen.”32 II This shift towards a social conception of

in Law and violence
Christoph Menke

Violence” seeks to formulate. It does so in continuation of a long tradition of legal thought that has examined this dual nature of law. In modern philosophy, the most prominent model for this approach was developed by the young Hegel, and in contemporary philosophy by Jacques Derrida.2 That said, “Law and Violence” draws less from these models directly3 and more from the critical reflection on law in ancient tragedy (including some of its modern re-​conceptions), which I read in conjunction with Walter Benjamin’s “Critique of Violence.” Through this double reference to

in Law and violence
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Christoph Menke

patience is generated by something outside itself, the longing for the homeland, it takes on human traits, almost a quality of trust, which point beyond vengeance postponed. In fully developed bourgeois society, however, both are annulled:  with the idea of vengeance longing, too, is tabooed –​thereby, of course, enthroning vengeance, mediated as the self ’s revenge on itself ” (ibid., 262, note 12). 46 That is a condensed summary of Jacques Derrida’s extensive critique of Benjamin’s program of a “critique” of law; see J. Derrida, “Force of Law: The ‘Mystical

in Law and violence
Towards a re-thinking of legal justice in transitional justice contexts
María del Rosario Acosta López

understanding of the possibilities the law brings with itself of judging otherwise. As Menke will show, retracing the steps taken by Benjamin (and, following Benjamin, by authors such as Agamben, Nancy, and Derrida), the violence of the law is indeed paradoxical in its structure and inescapable in its foundation. Such a paradox, however, does not call inevitably for a radical suspension of the law altogether, nor for its limitation by a non-​legal sphere of justice, external to (even if indissociable from) the law. “The promise of a realm beyond the law,” Menke reminds us

in Law and violence
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Kosovo and the outlines of Europe’s new order
Sergei Medvedev and Peter van Ham

Derrida. She starts by observing a characteristic struggle over the name of Kosovo in the Western discourse: it could be the Serbian spelling of Kosovo, the Albanian spelling of Kosova, or the orthographic oddity ‘Kosov@’, a spelling suggested by the German Green Party in an attempt to avoid political partisanship inherent in the act of naming. This story attests to the fact that naming is a productive practice, an act of

in Mapping European security after Kosovo
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Ethics beyond technics
Elke Schwarz

indeterminacy of ethics lies (Bauman 2012 : 214; Braidotti 2011 : 302; Dauphinee 2009 : 243). Similarly, for Derrida, it is in precisely this moment of an ethical demand being made that requires a decision that ethics unfolds (Raffoul 2008 : 273). It is the very impossibility of knowing the ‘right decision’ that makes ethics possible and that requires that ethics is considered not in a universalised and universalising abstract set of rules but with each encounter

in Death machines
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Death and security – the only two certainties
Charlotte Heath-Kelly

surprising because much has been written in philosophy concerning the political and social significance of death. Mortality, as confirmed by thinkers including Agamben, Heidegger, Schopenhauer, Sloterdijk, Bauman, Derrida and Hegel, is central to, and extremely problematic for, the rationalist paradigm. It sits beyond the limits of thought. It is disruptive to the imagination of meaning and politics as

in Death and security