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David McGrogan

this purpose shall be contingently pursued.” 3 Law, in other words, exists in a tension between nomos and telos . And clearly, Koskenniemi’s account suggests to us that law has a similar ambivalence in the international sphere, capable of embodying either nomos or telos or, as Oakeshott put it, comprising an “equivocal mixture” of the two. 4 Koskenniemi’s managerialism, then, does not represent the replacement of law per se with purposive regulation or governance, but rather an unbalancing of the mixture between nomos and telos within law itself

in Critical theory and human rights
Open Access (free)
Sovereignty, violence and revolution in the Middle East

In events that have since become known as the Arab Uprisings or Arab Revolutions, people across the Middle East took to the streets to express their anger and frustration at political climates, demanding political and economic reform. In a number of cases, protest movements were repressed, often violently, with devastating repercussions for human security and peace across the region.

While a number of scholars have sought to understand how the protests occurred, this book looks at sovereignty and the relationship between rulers and ruled to identify and understand both the roots of this anger but also the mechanisms through which regimes were able to withstand seemingly existential pressures and maintain power.

Simon Mabon

chapters, plays a prominent role in times of contestation. 17 The politics of sovereignty and space 17 Space and nomos While politics is inherently about people, space is the theatre within which interactions take place. It is simultaneously a physical environment, a semiotic abstraction, and relational.59 These interactions exist within one another and coexist within power relations and social practices. Each society produces a space of its own nature along with a set of rules that regulate behaviour within space. The concept of space is deeply contested among

in Houses built on sand
Jean-François Drolet

political theology, asymmetrical warfare and the emerging Cold War order. By far the most significant of these is his The Nomos of the Earth in the International Law of the Jus Publicum Europaeum, which he wrote in the early 1940s but was only allowed to publish in 1950.8 In contemporary discourse, the Greek term nomos is usually translated as ‘law’, ‘norm’ or ‘regulation’. But Schmitt uses it in its original spatial meaning to designate the concrete division and redistribution of the earth that grounds public and international law in any historical period. Although

in American foreign policy
David McGrogan

of moral condition and purposive conclusion, of nomos and telos , and it is frequently the case that court proceedings, statutes, rights, and the like will appear in highly instrumental guises, in which indeed the ideal of lex is barely visible. Put very crudely, in actual human societies, all laws are teleocratic to some degree, because they are always capable of being used in such a way that they give rise to regulatory and bureaucratic apparatus which ultimately amount to the “conducting of conduct.” Put in terms more recognisable within the framework of

in Critical theory and human rights
The violence of doors that never close in Magritte, Kafka and Buñuel
Michiko Oki

understood as a criticism of normative violence, as articulated in Giorgio Agamben’s ( 1999 ) and Jacques Derrida’s ( 1992) interpretations of Kafka’s ‘Before the Law’. Both Agamben and Derrida argue that the law fundamentally belongs to the literary space of narration, revolving around ambiguous relations between reality and story, anomy and nomos. At the origin of the law, for them, is the fictionality that makes possible the

in Dreams and atrocity
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.

Power, accountability and democracy

Does European integration contribute to, or even accelerate, the erosion of intra-party democracy? This book is about improving our understanding of political parties as democratic organisations in the context of multi-level governance. It analyses the impact of European Union (EU) membership on power dynamics, focusing on the British Labour Party, the French Socialist Party (PS), and the German Social Democratic Party (SPD). The purpose of this book is to investigate who within the three parties determines EU policies and selects EU specialists, such as the candidates for European parliamentary elections and EU spokespersons.

The book utilises a principal-agent framework to investigate the delegation of power inside the three parties across multiple levels and faces. It draws on over 65 original interviews with EU experts from the three national parties and the Party of European Socialists (PES) and an e-mail questionnaire. This book reveals that European policy has largely remained in the hands of the party leadership. Its findings suggest that the party grassroots are interested in EU affairs, but that interest rarely translates into influence, as information asymmetry between the grassroots and the party leadership makes it very difficult for local activists to scrutinise elected politicians and to come up with their own policy proposals. As regards the selection of EU specialists, such as candidates for the European parliamentary elections, this book highlights that the parties’ processes are highly political, often informal, and in some cases, undemocratic.

Given the significant similarities and differences between the welfare states of Northern Europe and their reactions to the perceived 'refugee crisis' of 2015, the book focuses primarily on the three main cases of Denmark, Sweden and Germany. Placed in a wider Northern European context – and illustrated by those chapters that also discuss refugee experiences in Norway and the UK – the Danish, Swedish and German cases are the largest case studies of this edited volume. Thus, the book contributes to debates on the governance of non-citizens and the meaning of displacement, mobility and seeking asylum by providing interdisciplinary analyses of a largely overlooked region of the world, with two specific aims. First, we scrutinize the construction of the 2015 crisis as a response to the large influx of refugees, paying particular attention to the disciplinary discourses and bureaucratic structures that are associated with it. Second, we investigate refugees’ encounters with these bureaucratic structures and consider how these encounters shape hopes for building a new life after displacement. This allows us to show that the mobility of specific segments of the world’s population continues to be seen as a threat and a risk that has to be governed and controlled. Focusing on the Northern European context, our volume interrogates emerging policies and discourses as well as the lived experiences of bureaucratization from the perspective of individuals who find themselves the very objects of bureaucracies.

Karl Polanyi (1886–1964) returned to public discourse in the 1990s, when the Soviet Union imploded and globalization erupted. Best known for The Great Transformation, Polanyi’s wide-ranging thought anticipated twenty-first-century civilizational challenges of ecological collapse, social disintegration and international conflict, and warned that the unbridled domination of market capitalism would engender nationalist protective counter-movements. In Karl Polanyi and Twenty-First-Century Capitalism, Radhika Desai and Kari Polanyi Levitt bring together prominent and new thinkers in the field to extend the boundaries of our understanding of Polanyi's life and work. Kari Polanyi Levitt's opening essay situates Polanyi in the past century shaped by Keynes and Hayek, and explores how and why his ideas may shape the twenty-first century. Her analysis of his Bennington Lectures, which pre-dated and anticipated The Great Transformation, demonstrates how Central European his thought and chief concerns were. The next several contributions clarify, for the first time in Polanyi scholarship, the meaning of money as a fictitious commodity. Other contributions resolve difficulties in understanding the building blocks of Polanyi's thought: fictitious commodities, the double movement, the United States' exceptional development, the reality of society and socialism as freedom in a complex society. The volume culminates in explorations of how Polanyi has influenced, and can be used to develop, ideas in a number of fields, whether income inequality, world-systems theory or comparative political economy. Contributors: Fred Block, Michael Brie, Radhika Desai, Michael Hudson, Hannes Lacher, Kari Polanyi Levitt, Chikako Nakayama, Jamie Peck, Abraham Rotstein, Margaret Somers, Claus Thomasberger, Oscar Ugarteche Galarza.