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. What Menke spells out in his lead essay is the basic idea of postmodern legal theory: that law’s operations are not untainted by violence.7 Unlike legal scholars whose work is informed by Kant, Menke accepts it as a given that the differentiation of the legal sphere does not result in the nonviolent equitemporality (Gleichursprünglichkeit) of popular sovereignty and human rights, nor in the unity of law’s authors and its addressees. He argues that the realization of the ideal of legal pacifism –​the establishment of nonviolent social relations –​is thwarted by a

in Law and violence

understand how conflict can be a symptom, two things have to be noted. First, conflict is endemic, and, second, functional conflicts can be differentiated from dysfunctional ones, or, at least, the functional value of conflict can be differentiated from its dysfunctional consequences. Conflict can have, for example, group-binding, group-preserving and internal cohesion increasing functions. Since conflicts

in Culture and international conflict resolution
Memory and security without visibility

security exists to efface mortality, contra other arguments made about the functionality of anticipatory practices. But can you successfully memorialise an event that was invisible? Can you use a visible, physical design to efface a bombsite that is unseen? These may seem like abstract questions; however, these are issues that directly affect the commemoration of the London bombings

in Death and security
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Europe, this is nonetheless too functionally specific to stand as an alternative in its own right. The OSCE with its comprehensive membership, multiple functions and emphasis on cooperative security could be seen as more credible. The problem with the OSCE, however, is obvious, namely its lack of support among European governments. Its predecessor, the CSCE, enjoyed a brief moment in the sun at the end of

in Inclusion, exclusion and the governance of European Security
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on conflicts. The chapter comments on the capacity of integration to affect conflict resolution through top-down adaptational pressures and functional expediencies relative to its role as a resource and opportunity in actor-centred processes. Summary of the findings The cases discussed in the empirical chapters permit the development of two lines of argument: on the

in The Europeanisation of conflict resolution

-provoking perspective of how the politics of needs might be conceived, through others and contrary to Arendt, in terms of a potential ‘world-disclosing’ aspect, I suggest that a closer engagement with the central elements of Arendt's notion of modern politics and issues of biological necessity as anti-political is merited if we are to better understand her very differentiated critique of life-as-politics. In what follows, I unpack the implications of key features of each, in

in Death machines
A framework of inclusion and exclusion

beyond neorealism’. 12 Security cooperation and peace in post-Cold War Europe In post-Cold War Europe, security integration has been of greater consequence than security fragmentation. As noted in Chapter 1 , security differentiation means that not all the continent is peaceful, but the prevalence of peace and cooperation is sufficiently widespread and durable to give it

in Inclusion, exclusion and the governance of European Security
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The EU and the governance of European security

European security are likely to be perpetrated by nonstate actors in the service of objectives not readily recognisable by international relations scholars. Nonetheless, only the state can discharge the important functional role of responding to these disparate security threats. In that sense the state remains alive and well, yet its ability to discharge its security function has been severely compromised

in EU security governance

the 2004 enlargement Romani Prodi suggested that the EU, founded with the ‘overriding objective’ of eradicating war, had consolidated and extended a ‘Union for peace’ in Europe. 9 The demand for inclusion The credibility of the claims made on behalf of the EU and NATO rest on enlargement and partnership and, in security terms, the functional competence of these two

in Inclusion, exclusion and the governance of European Security
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institutionalisation of social policy as an integral part of the Swedish model, but on the other hand also provided a latent conditionality to social citizenship and a constant differentiation between groups in and outside of the labour market. This socio-economic theory was drawn up in the 1930s crisis and the following replacement of ideas of nationalisation of production with functional socialism, targeted

in Between growth and security