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form 173 Postmodern legal theory as critical theory 173 of the legal subject as a character mask, a personification of juridical relations in which the law must presuppose equality as the legal equality of abstract legal subjects, because the very contingency formula of justice commits it to equality, Menke then proceeds to bind legal equality to an entity that is extrinsic to the law: the polity. Pashukanis understood the legal subject, in structural analogy to Marx’s homo oeconomicus, as the abstraction of the act of economic exchange instituted by a fully

in Law and violence
Towards a re-thinking of legal justice in transitional justice contexts

are promised in exchange for a diminished justice. But justice is understood narrowly here, as punishment and/​or compensation for the harms of the past. The history of the law as it is told by tragedy, in Menke’s analysis, helps to show the inadequacy of this first type of critique. The problem does not seem to be the incapacity of the law to adequately function as a retributive entity, but rather a conception of the law that narrows it down to a retributive operation. Justice as retribution, according to Menke, belongs to the pre-​history of the law. It is not yet

in Law and violence

purely on passive obedience. Because it does not address its members on an authoritative basis, therefore, but is directed towards a mature understanding, Emanuel Lévinas has rightly referred to Judaism as a “religion for adults.”15 To connect law with coercion would mean to preclude its study and thus any authentic responsibility. This is also the case because in Judaism, study is always essentially conflictual and not made for a naive application. This leads to a particular appreciation and nurturing of the controversial and dissenting exchange of different legal

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’

quoting back to him one of the letters he wrote to her (Act, 164). Indeed, McEwan observes how even the charged silence that arises after Adam has finally said that he has followed her all the way to Newcastle to ask if he can come to live with her and her husband “wound itself around them and bound them together” (Act, 167). Being silent together is also a form of embodied interaction. In McEwan’s novel, the law does not protect the judge from the situated dynamism of human exchange, but is part of that complex process. Fiona and Adam’s interaction started with a legal

in Law and violence
Abstract only

–18 war, so it’s true, there was a fear’. But none of the interviewees highlighted his or her own anxiety. The fear was generalised, belonging to the adult world, which accounts for parents’ concerns over insufficient masks. The distinction between adult and child knowledge is illustrated in an exchange with Michel and Claude Thomas: Michel: We believed [that gas might be used] because they’d used it at the front in 1914–18. Lindsey: But you, when you were a child, did you think about gas? Michel: Me, no, I admit I didn’t really realise – did you? Claude: No, no. It was

in French children under the Allied bombs, 1940–45
Reproducing liberal democracy

their base, rituals can be approached as a framework for the orchestration of specific behaviours that become laden with symbolic significance through their integration within the ritualistic context. Exchanging rings or throwing one’s hat in the air, for instance, provides vital, recognisable moments within many wedding and graduation ceremonies that might be expected by participants and observers alike. They also take on a specific – again, recognisable – significance in these contexts that the same physical behaviours obviously lack in other situations. This

in Banning them, securing us?

sums ranging from a few francs to thousands. Donations in Reichsmarks were sent from French prisoners of war, their contributions boosted by the favourable exchange rate. Jeannine Coppin wrote that her little girls’ magazine offered a toy doll to every reader who had been bombed out. Bombing brought some kind of unity to a fragmented nation through acts of solidarity that were separate from the acts of solidarity orchestrated by Vichy or politically motivated groups like the COSI. The charitable impulse was widespread; common ground was emphasised by the capricious

in French children under the Allied bombs, 1940–45
Opportunities for a security dialogue

, hence, the harmonisation of legislature is ensured. As far as JHA is concerned, the 2003 Europol agreement seems extremely important, even though information sharing could be more efficient and extradition practices are yet to be improved on both sides. Seminars and exchange of experts are organised, as provided for in the EU Common Strategy on Russia 35 and the Technical Aid to the Commonwealth of

in The security dimensions of EU enlargement
Analysing the example of data territorialisation

exchanged between domestic servers and computers should travel only over domestic infrastructure and therefore remain within territorial borders – borders that traditionally play a minor role in cyberspace. The mobility of data traffic should be limited and regulated for the sake of data security by keeping sensitive information out of the reach of Anglo-American intelligence agencies. The idea of data

in Security/ Mobility
Beyond the security alliance

This book provides the first comprehensive analysis of Japan’s new security partnerships with Australia, India, countries and multilateral security structure in East Asia, as well as with the EU and some of its member states.

Most books on Japanese bilateral relations focus exclusively on the Japanese perspective, the debate in Japan, positions of Japanese government leaders and parties, or the public discourse. This edited volume is organized in pairs of chapters, one each analysing the motivations and objectives of Japan, and a second analysing those of each of the most important new security partners.

After solely relying on the United States for its national security needs during the Cold War, since the end of the Cold War, Japan has begun to deepen its bilateral security ties. Since the mid-2000s under LDP and DPJ administrations, bilateral security partnerships accelerated and today go beyond non-traditional security issue are as and extend far into traditional security and military affairs, including the exchange and joint acquisition of military hardware, military exercises, and capacity building. It is argued, that these developments will have implications for the security architecture in the Asia-Pacific.

This book is a primer for those interested in Japan’s security policy beyond the US-Japan security alliance, non-American centred bilateral and multilateral security cooperation through the eyes of Japanese as well as partner country perspectives. It is also an ideal as a course reading for graduate courses on regional security cooperation and strategic partnerships, and Japanese foreign and security policy.