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Christoph Menke in dialogue
Series: Critical Powers
Editor:

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.

Open Access (free)
Christoph Menke

by the impulse to oppose the violence of one against another, it cannot be indifferent to its own violence. The violence committed by law is a problem –​indeed a scandal –​for law itself. It contradicts its own claim, which it cannot renounce without betraying itself. Thus, law must, in addition, combat the violence that it commits itself. The fact that the unity of law involves a contradiction not only means that law contains two incompatible determinations, namely, combating and exercising violence. Rather, it also points to the incompatibility of the two

in Law and violence
Abstract only
Lindsey Dodd

July 1932 and 28 December 1933, undated. 12 AMBB, 6H4: ‘Rapport du service locale de défense passive au sujet de l’état de protection de Boulogne-Billancourt’, 15 November 1939. 13 See, for example, AMBB, 6H3, Je sais tout (April 1934), ‘Alerte aux gaz! Nous ne sommes pas prêts’ or AMBB, 6H6, Le cri de France (9 March 1939), which exposed the gas mask ‘scandal’: the models available would cause ‘a slow and painful death’. 14 Decree of 6 May 1939, ‘Obligation de l’enseignement de la défense passive’ (JO, 7 May 1939). v 81 v Expecting bombing 15 AMCB, 4H4.14, La

in French children under the Allied bombs, 1940–45
Ministers, atomic espionage and Anglo-American relations
Daniel W. B. Lomas

scandals in Britain which, on top of a ‘socialist government’ being in power, served to undermine American confidence in post-war British security, moving Britain’s goal of accessing US atomic secrets further away. While the Attlee government saw the peacetime development of intelligence exchanges on both sides of the Atlantic, it was in the field of Anglo-American atomic development that ministers took an

in Intelligence, security and the Attlee governments, 1945–51
An uneasy relationship?

Drawing extensively on recently released documents and private papers, this is the first extensive book-length study to examine the intimate relationship between the Attlee government and Britain’s intelligence and security services. Often praised for the formation of the modern-day ‘welfare state’, Attlee’s government also played a significant, if little understood, role in combatting communism at home and overseas, often in the face of vocal, sustained, opposition from their own backbenches. Beneath Attlee’s calm exterior lay a dedicated, if at times cautious, Cold War warrior, dedicated to combatting communism at home and overseas. This study tells the story of Attlee’s Cold War. At home, the Labour government implemented vetting to protect Whitehall and other areas of the Cold War state from communists, while, overseas, Attlee and his Foreign Secretary Ernest Bevin authorised a series of highly secret special operations in Eastern Europe, designed to erode Soviet influence, told here for the first time in significant detail. More widely, Ministers also strengthened Imperial and Commonwealth security and, responding to a series of embarrassing spy scandals, tried to revive Britain’s vital nuclear transatlantic ‘special relationship’ with Washington. This study is essential reading for anyone interested in the Labour Party, intelligence, security and Britain’s foreign and defence policy at the start of the Cold War.

Abstract only
Daniel W. B. Lomas

British politics, linked with the sensitive information collected by organisations including Special Branch and the possibility for future leaks, was recognised, it seems, by Baldwin himself who, according to Sir William Tyrrell, Permanent Under-Secretary in the Home Office, believed the political surveillance carried out by Special Branch ‘might at any point give rise to a scandal, owing to the Labour

in Intelligence, security and the Attlee governments, 1945–51
Abstract only
Lee Jarvis
and
Michael Lister

Few issues have attracted as much discussion in recent years as that of terrorist violence and how it should be countered. Attacks from 9/11, through to events in Bali, Madrid, London, Mumbai, Woolwich and beyond have ensured that the former is never far from the headlines. Sustained and enormous military commitments in Afghanistan and Iraq, prisoner abuse scandals, high

in Anti-terrorism, citizenship and security
Abstract only
Tim Aistrope

involvement in the covert overthrow of foreign governments; 17 the Watergate Scandal; 18 or the Tuskegee syphilis experiments. 19 Moreover, taken in isolation, the ‘errant data’ clause tends to undermine ‘conspiracy theory’ as a special category, since the validity of evidence is the main criteria for judging any claim at all. 20 Ultimately, Keeley concludes that there is nothing analytical that can

in Conspiracy theory and American foreign policy
Bernadette C. Hayes
and
Ian McAllister

-thirds amid allegations of financial corruption particularly against some DUP members. 12 There has been only a modest recovery in satisfaction since then. By 2010, the level of satisfaction was still only half that found in 2007, no doubt influenced by the Westminster expenses scandal in May 2009, which enveloped 10 of Northern Ireland’s MPs (see Clark and Wilford, 2012 ). In January 2010, these events

in Conflict to peace
Rebecca Gill

their success in the Crimea and eager for the next circulation-boosting hospital scandal. Many of those involved in the NAS were themselves veterans of the Crimean debacle. For Sir Thomas Longmore, leading military surgeon of the day and the British government’s delegate to the conferences at which the Geneva Convention was negotiated, these deficiencies had stimulated a lifelong

in Calculating compassion