The case for societal constitutionalism
Editor: Diana Göbel

This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner’s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

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The vain search for legal unity in the fragmentation of global law

Global legal pluralism, however, is not simply a result of political pluralism, but instead the expression of deep contradictions between colliding sectors of a global society. At its core, the fragmentation of global law is not simply about legal norm collisions or policy conflicts. Its origin lies in contradictions between society-wide institutionalised rationalities, which law cannot solve, but which

in Critical theory and legal autopoiesis

conflicts do emerge, such a form of democracy requires that all citizens should have equal standing and influence in any deliberation about their resolution. In the circumstances of wide pluralism (that is, of pluralism along a number of dimensions), toleration would seem to be both part of the ideal of public reason and an important virtue for citizens to exercise in their deliberative institutions. Yet deliberation also demands more of citizens than silent toleration regarding the reasons of those with whom they disagree, especially if they accept that an important goal

in The culture of toleration in diverse societies
Sovereignty’s power in the case of Delgamuukw v. The Queen 1997

of the colonizers who failed to respect the distinctive cultures of pre-existing aboriginal societies’. 3 This danger flows from the case despite its extraordinarily progressive attempt to recognize and facilitate indigenous legal pluralism within Canada. Despite its positive features, there are many ways the case’s treatment of sovereignty negatively influences indigenous

in Law, history, colonialism

3 Citizenship of the European Union The legal position and its development Since the 1970s, the view that popular legitimacy would be a precondition for development of the EU as a unitary and purposive actor in international affairs has prevailed among EU political elites. The influential 1975 Report by Leo Tindemans, a former Belgian Prime Minister, in its call for a more distinctive EU ‘identity’ on the international stage, hinted at later ideas of both Union citizenship1 and attempts to create a European anthropos contained in the recommendations of the

in Supranational Citizenship
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Legal pluralism in the world society

no longer merely rudimentary and that have emerged independently both of national legal orders and of traditional jus gentium . With regard to these kinds of global legal order, I would like to put forward three arguments: Global law can only be adequately explained by a theory of legal pluralism and a corresponding, pluralistically oriented doctrine of the sources of law. The theory of legal

in Critical theory and legal autopoiesis
Social and cultural modernity beyond the nation-state

German philosopher Jürgen Habermas has written extensively on the European Union. This is the only in-depth account of his project. Published now in a second edition to coincide with the celebration of his ninetieth birthday, a new preface considers Habermas’s writings on the eurozone and refugee crises, populism and Brexit, and the presidency of Emmanuel Macron.

Placing an emphasis on the conception of the EU that informs Habermas’s political prescriptions, the book is divided into two main parts. The first considers the unfolding of 'social modernity' at the level of the EU. Among the subjects covered are Habermas's concept of juridification, the latter's affinities with integration theories such as neofunctionalism, and the application of Habermas's democratic theory to the EU. The second part addresses 'cultural modernity' in Europe – 'Europessimism' is argued to be a subset of the broader cultural pessimism that assailed the project of modernity in the late twentieth century, and with renewed intensity in the years since 9/11.

Interdisciplinary in approach, this book engages with European/EU studies, critical theory, political theory, international relations, intellectual history, comparative literature, and philosophy. Concise and clearly written, it will be of interest to students, scholars and professionals with an interest in these disciplines, as well as to a broader readership concerned with the future of Europe

A conceptual history 1200–1900

This collection explores how concepts of intellectual or learning disability evolved from a range of influences, gradually developing from earlier and decidedly distinct concepts, including ‘idiocy’ and ‘folly’, which were themselves generated by very specific social and intellectual environments. With essays extending across legal, educational, literary, religious, philosophical, and psychiatric histories, this collection maintains a rigorous distinction between historical and contemporary concepts in demonstrating how intellectual disability and related notions were products of the prevailing social, cultural, and intellectual environments in which they took form, and themselves performed important functions within these environments. Focusing on British and European material from the middle ages to the late nineteenth century, this collection asks ‘How and why did these concepts form?’ ‘How did they connect with one another?’ and ‘What historical circumstances contributed to building these connections?’ While the emphasis is on conceptual history or a history of ideas, these essays also address the consequences of these defining forces for the people who found themselves enclosed by the shifting definitional field.

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.

Place, space and discourse
Editors: Christine Agius and Dean Keep

Identity is often regarded as something that is possessed by individuals, states, and other agents. In this edited collection, identity is explored across a range of approaches and under-explored case studies with a view to making visible its fractured, contingent, and dynamic features. The book brings together themes of belonging and exclusion, identity formation and fragmentation. It also examines how identity functions in discourse, and the effects it produces, both materially and in ideational terms. Taking in case studies from Asia-Pacific, Europe, the Middle East and Latin America, the various chapters interrogate identity through formal governing mechanisms, popular culture and place. These studies demonstrate the complex and fluid nature of identity and identity practices, as well as implications for theorising identity.