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Andreas Fischer- Lescano

law’s autonomy as an evolutionary process in which the emergence of law is tied to the political community of the citizens. This nexus is not self-​evident. In particular, the dynamic nature of evolving legal frameworks in the transnational constellation raises the question of how plausible it still is for a “law in global disorder.”11 171 Postmodern legal theory as critical theory 171 In the era of Westphalian sovereignty, the notion that legal and constitutional processes were bound up with the polity was plausible. A law outside the polity was virtually

in Law and violence
Open Access (free)
Christoph Menke in dialogue
Series: Critical Powers

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.

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

framework must try to subjugate every other form of association, of human relation, or simply of human life that crosses its path? Law as such is externally inert: it is entirely indifferent to what lies outside its scope, whether a natural or a social world. It is politics –​ 118 118 Responses or, more precisely, the political will of the executive power pro tempore in charge of ruling a political community –​that is first and foremost responsible for the attempt to extend the reach of domestic law to new areas, both geographical and social, which previously were

in Law and violence
Open Access (free)
Christoph Menke

legislative acts of a given political community; law rules also beyond the confines and the sovereign power of the state. In the following, I will try to show that objections (i) and (iv) follow from a misunderstanding of the argument I developed in “Law and 213 A reply to my critics 213 Violence”, which depends neither on an instrumentalist understanding of legal violence nor on a state-​or nation-​based concept of the legal community. Objections (ii) and (iii), in contrast, are right about the claims in “Law and Violence.” However, they fail to see the exact nature of

in Law and violence
Open Access (free)
Daniel Loick

express but hard to accomplish: to find a way of organizing our political community in a non-​(or at least less) violent way. If Marx is correct in his famous assertion that philosophy represents “the self-​clarification of the struggles and wishes of the age,”30 it is the task of any emancipatory legal theory to provide for the theoretical articulation of the desires expressed by such movements. Notes 1 In this essay, I draw on arguments that I first presented in my book Kritik der Souveränität (Frankfurt am Main and New York: Campus, 2012); for a conceptualization of

in Law and violence
Open Access (free)
Christoph Menke

will “charge” and “condemn” the offenders to exclude themselves from the religious and political community of the city. In order to enforce the law, or more precisely to compel participation in the legal proceeding, Oedipus regresses to before the law, invoking the oracular prophesies of ritual, speaking “in priestly fashion”32 as a judge, and curses those who try to elude the legal proceeding –​to stand outside law, to remain uninvolved –​condemning them to punish themselves for doing so with exclusion from the citizenry: But if ye still keep silence, if through

in Law and violence
Israel and a Palestinian state
Lenore G. Martin

disaffection of Israeli Palestinians with the Israeli regime ( Amara, 2000 ). 20 So the Palestinian minority within Israel could become alienated from both political communities. Ethnic and religious tolerance National security does not require ethnic and religious homogeneity or cohesiveness. What it does require is that differentiated ethnic and religious groups avoid internecine

in Redefining security in the Middle East
Abstract only
Death and security – the only two certainties
Charlotte Heath-Kelly

by theories that explore the deployment of life, only Jeff Huysmans has pointed to the potential connection between death and security in his 1998 article ‘Security! What Do You Mean?’, arguing that security can be understood as the responsive practices by which political communities alleviate mortality anxiety by making, and then disposing of, objects of threat ( 1998 : 237–8). In its response to

in Death and security
Josefina A. Echavarria

national security. (Buzan, 1991: 63–4) In this sense, the state is an idea held in common by the population, which has to sustain itself permanently in a realm of discussion where other ideas about the organisation of political communities and their security defy it. ‘Ideas [are] a vital component of the state, essential to its coherence and

in In/security in Colombia
Abstract only
European integration as a system of conflict resolution in the Franco-German relationship (1950–63)
Boyka Stefanova

federation based on economic integration (Lipgens and Loth 1988: 445). His idea about Franco-German reconciliation rested on a combination of approaches to building trust, bilateral political, economic, and cultural relations, addressing France’s security concerns, and creating a political community. Although such an approach reveals the multidimensional aspect of reconciliation, the link between the uniting

in The Europeanisation of conflict resolution