The age of apology: evidence from the Israeli public discourse

At the time of its presentation, Derrida's 'Force of law' represented deconstruction's perhaps most direct statement on the possibility of justice and its most explicit engagement with law. The ensuing responses to that paper have typically focused on deconstruction's position regarding the force and authority of law, and especially on what is taken as Derrida's theory of justice. As such, 'Force of law' is often discussed in isolation to mainstream legal philosophy or is otherwise understood to represent a radical counter to that tradition. It is possible to take a different direction, however, by considering the event of that paper's presentation and reception in relation not only to the existing disciplines of legal studies, but also to the problematic of discipline itself. Re-reading some of the work of contemporary legal philosophy in the light of that problematic may thus enable a certain questioning of the disciplinary divisions whose very institution underscores the 'radical' nature of deconstruction's 'critique' of traditional understandings of law. Such a re-reading may even allow a speculation upon a certain (trans)disciplinarity of deconstruction, reconsidering the latter's relation to traditions.     

Lavascape: legal spectacle at Kīlauea

ABSTRACT

In considering the theme “Exploring Legal Discourse: A Sociosemiotic (Re)Construction,” this paper examines the symbolic relationship between law and chaos in the changing landscape of Kīlauea Volcano on Hawai’i Island. The socio-legal dimensions of this relationship provide insight into law’s project of governance in the dynamic natural environment. Most recently, in the summer of 2018, lava spouted and then flowed from Kīlauea in over twenty-four fissures which opened up within two heavily populated residential subdivisions. Law's response to the ensuing chaos provides keen insight into the epistemological positionality of law toward nature. In an attempt to tame this enlivened lavascape of persons and lava, law asserts authority over the spectacle in the areas of sightseeing, access, and mapping. In other words, the legal spectacle of lava eruption is an attempt to jurisdictionally frame the legal imagination of human risk in this dynamic landscape through legal semiotics, legal materiality, and legal topology. However, as this paper will explore, the source of chaos is actually law itself. Attempts to manage chaos are actually attempts to manage human nature as visitation to the erupting volcanic environment is ultimately beyond law's complete control. In a larger sense, this study of Kīlauea's lavascape as a constructed legal spectacle illustrates the phenomenological framing of law's incomplete jurisdiction over kinetic environments.     

Portugal's Quota-Parity Law: An Analysis of its Adoption

In August 2006, Portugal approved a new quota law, called the parity law. According to this, all candidate lists presented for local, parliamentary, and European elections must guarantee a minimum representation of 33 per cent for each sex. This article analyses the proximate causes that led to the adoption of gender quotas by the Portuguese Parliament. The simple answer is that the law's passage was a direct consequence of a draft piece of legislation presented by the Socialist Party (PS), which enjoyed a majority. However, the reasons that led the PS to push through a quota law remain unclear. Using open-ended interviews with key women deputies from all the main Portuguese political parties, and national public opinion data, among other sources, the role of four actors/factors that were involved in the law's adoption are critically examined: notably, civil society actors, state actors, international and transnational actors, and the Portuguese political context.     

Implicated: a review paper on guilt

Abstract

The review article examines three books about modern guilt. Each author comes from a different country: Schlink from Germany, Bruckner from France, and Chiarot from the United States. These works either point to or exemplify the problems implicit in concepts of universal guilt. The article explores ways in which each account reflects particular national preoccupations: the German reckoning with the Nazi past, the reassertion of France's global and historical role, and the American culture wars. The article concludes by recognising the importance of Schlink's impulse to deal with guilt scrupulously within the law, while sharing his doubts as to whether legal ways of dealing with guilt can be entirely adequate.     

The rule of law and citizenship in central India: post-colonial dilemmas

This article argues that the ‘rule of law’ has become a central goal in popular struggles the world over, and it is citizenship struggles which infuse the rule of law with substantive, as against a thin procedural, meaning. This is especially true in post-colonial societies like India, with a tradition of inherited colonial law designed for subject-hood rather than citizenship, growing inequality which affects both the enactment and interpretation of law, and the violation of law by those who are meant to protect it. Demanding implementation of existing laws, breaking laws that are patently unjust whether through armed struggle or non-violent social movements, or seeking to change laws in favour of new and more democratic laws, are all major avenues by means of which people express their aspirations as citizens. However, law's mutually constitutive relation with social practice means that people enter into political and legal negotiations already constituted as certain kinds of legal subjects, which constrains their imagination in certain ways.     

The secular contract: sovereignty,secularism and law in Australia

What does it mean to say that a nation-state is secular? Secular law typically begins when a state has no religious competitor for authority. For this reason, it can be said that the Australian state is secular because its authority is derived from its own laws. What makes Australian law sovereign, the highest authority within the state, is its secularity. However, given Australia's colonial heritage, it is not just the absence of religious authority, such as a state religion, that gives the state its secularity. The law's foundations in colonial violence and the extinguishment of Indigenous sovereignty as a competing authority are also a crucial way in which secular Australian law can continue to operate as the sovereign authority within the state. Using the work of Charles W. Mills, I will critically interrogate how legal and political characterisations of the law as secular work to disavow the state's racialised foundations in colonial violence in the form of a “secular contract”. In developing this notion of a “secular contract” I hope to show that secularism be must re-thought of as not simply the operation of law without religion, but also, as complicit with the ways indigenous sovereignties in (post)colonial states are negated.     

What's Yours is Mine: Rent-Seeking and the Common Law

The paper develops a rent-seeking theory of the common law.The general finding is that the law's form depends on thecomparative advantage each group has in production versusappropriation generally, and appropriation via litigation inparticular. The model generates new interpretations ofdevelopments in United States common law, and is used both tosupplement and to criticize two dominant theories of such law,the efficiency theory associated with the law and economicsmovement and that generated by critical legal studiesscholars.     

The persistence of collective guilt

Abstract

This paper asks why, despite the obvious difficulties entailed, the notion of ‘collective guilt’ continues to feature in discussions of the responsibilities of one group towards another. The aim is to clarify how it is that the partial success of repeated attempts to distinguish individual from collective guilt and to confine the latter to a pre-modern moment reveals something of our present. The key contributions to this discussion made by Hannah Arendt and Karl Jaspers in relation to Nazi Germany are examined for their ambivalences in this regard, as are some recent developments in international law and politics. The suspicion is that collective guilt is a notion that modern political reason cannot embrace and yet which it cannot entirely disavow: ‘collective guilt’ and the element of fate that it implies is central to our understanding of citizenship, nationhood and political commitment. The paper thus attempts an analysis of the durability of the concept of collective guilt; it is not an evaluation of its usefulness, but an exploration of its persistence.     

‘Character' Analysis: Writing and Identity 1500‐1755

In this article, I examine the sources of our modern idea of human ‘character' and its availability for ‘reading' in early modern English, tracing the evolution of the word through 1755 - the publication date of Samuel Johnson's Dictionary; by this date, the word comprehends most if not all of its current meanings. By exploring the history of the word ‘character' in the early modern period, I hope to reveal some of the ways in which ideas about written signs and texts have been woven into current notions of identity - but not so much our own identities, perhaps, as the identity of others. The purpose of this article is to suggest how the past history of the word ‘character' - its sources in the domain of writing - still animates its present usage and conditions our understanding of who others are or can be. What I will be tracing here, more precisely, is a succession of semantic shifts, or ‘extensions' of the semantic domain, of the word ‘character' over the course of this period.     

A comparative view of indigenous citizenship issues

Following the Wik decision it is being suggested that Australia ought now to revisit the translation of special legal norms formulated in international law with respect to the human rights of indigenous citizens. These have previously underpinned developments in both Australia and Scandinavia with respect to indigenous people. Recent Australian developments, particularly the struggle over indigenous property rights, exemplify the argument of O'Neill (1997) in the first volume of Citizenship Studies, which points to the absorption of civic autonomy by market sovereignty. O'Neill is correct to suggest that the dominance of market sovereignty reduces the political participation of those incapable of the competitive struggle for private affluence and that this has a squalid dimension. Central to this is the denial of the notion of community and dominance of the market. This dominance has obscured the significance of the Australian High Court's recognition of aboriginal land rights in Mabo. The decision put the incorrect application of terra nullius—or no man's land—to Australia to rights. It made it possible for the nation to contemplate indigenous sovereignty consequent upon the recognition of native title property rights. Australia's translation of those rights with the Native Title Act 1993 (Cth) looked to international law for its rationale. The rights of the Sami people have been developed in Scandinavia largely with reference to the evolution of international law on indigenous peoples. As we approach 2000, Australia cannot continue to ignore the special legal norms in international law relating to citizenship of indigenous peoples. International law informs attempts by indigenous people in modern times to regain some of what they lost in the past.     

The Sacred,Social Creativity and the State

Abstract

This paper explores the specific contribution of a strand of contemporary French social theory founded by Cornelius Castoriadis and Claude Lefort to the under standing of human power. It formulates a conception of power that transcends its definitions in terms of physical coercion or institutionalised violence to reveal the way power is creative and institutes the social. Its reflection on the cultural nature of political power and it role in society is shown to extend the pioneering reflection of Durkheim's sociology, especially as regards the homology that exists between religion and politics. The social role performed by the state explored by Durkheim prefigures Gauchet's theory of the state, which builds on Lefort's work. Gauchet's theory can be said to elaborate a critical synthesis of the two stands of Durkheim's work: the sociology of religion and the sociology of the modern state. This synthesis raises questions on the role played by the European state in the development of individualism, in both its political and economic manifestations.     

Desperate equilibrium: on guilt,law and rationality

Abstract

This paper is about the role of guilt in relation to practical reason. It analyses guilt not as a passive emotion but as a particular kind of strategy at the level of subjective rationality. The concept of guilt occupies a complex and contested semantic space with other concepts, most notably shame. There have been many attempts – philosophical, psychological, sociological – to define these concepts in relation to each other. This paper suggests that whilst guilt is a moral concept that is oriented towards a certain kind of legalism, shame is a moralistic concept. As such, the relations between guilt and shame are discussed in relation to some literary examples, for instance Macbeth's guilt and Conrad's Lord Jim. The conclusion is that on the one hand our confusion over the concept of guilt comes down not least to what may be our confusion over the difficult concept of law and that on the other hand this has consequences that can ultimately be political.     

Space,scale and jurisdiction in health service provision for drug users: the legal geography of a supervised injecting facility

Sydney's Medically Supervised Injecting Centre delivers the significant benefits of harm reduction, but has been controversial regards the law. Its contested history is examined here through the lens of legal geography. Narrative analysis reveals that the arguments for and against the centre's establishment referenced matters ranging from international treaties through to municipal governance. These arguments and their outcome were variously shaped by the different spaces and scales of jurisdiction but not simply in a zero sum game of law played out through the hierarchically ordered nesting of container-like territories. The implications for legal geography and for public health are discussed.     

The Rule of Law as a Vehicle for Intervention

Until recently, the concept of the ‘rule of law' (ROL) was exclusively used in relation to the domestic legal order of the state. Over the last two decades, however, it has entered the vocabulary of international legal scholars and experts. This journey of ROL from the domestic to the international sphere has provoked fierce debates between practitioners of international law, notably because, far from being a mere doctrinal controversy, it gave rise to practices impinging on the exercise of power at the international level and enabling diverse international experts to interfere in internal affairs of target states. This article argues that, in a somewhat paradoxical way, these developments impair the concept of ROL rather than expanding it into new domains. Indeed, while the established concept of ROL to a certain extent presupposed the principles of sovereignty and non-intervention, current reformulations of ROL weaken them while making new interventionist practices easier. Analysis of the legal rationalizations used in the context of contemporary EU and UN crisis management operations makes this clear. Drawing on insights gained from legal theory and international political sociology, this article highlights how the concept of ROL cannot simply be transposed into the ‘international' realm without hampering its internal coherence.     

Barack Obama and the American island of the colour blind

ABSTRACT

Kuryla maps a metaphorical American island of the colour blind—in law, public rhetoric and culture—in the process locating the first black president of the United States on it, evaluating the claim that his presidency represents a colour-blind or post-racial politics. Barack Obama rejects colour blindness as a fact in the present yet gestures to its ‘better history’ (his modern transposing of Lincoln's ‘better angels’) while refusing any theoretical resolution of the idea. Obama, in public pronouncements and by sheer fact of his being and his biography, reveals the epistemic irony of the colour-blind idea, its persistence amid the conditions of its impossibility.     

The role of civil society in European integration

This paper explores the concept of ‘civic society’ in Western political thought, charting the changing understanding of this concept through history and its manifestation in contemporary political and social life. The paper draws out the inferences for our understanding of the role of government, particularly with the European Union and its relationship with citizens and other representative community‐based and non‐governmental organisations. The paper argues that the fundamental values that are central to civic society underpin the proposed EU Charter on Fundamental Rights and maintains that effective European integration requires responsible participation by Europe's citizens. Copyright © 2001 Henry Stewart Publications     

Much ado about not-very-much? Assessing ten years of German citizenship reform

This article examines the development and impact of German citizenship policy over the past decade. As its point of departure, it takes the 2000 Citizenship Law, which sought to undertake a full-scale reform and liberalisation of access to German membership. The article discusses this law's content and subsequent amendments, focusing particularly on its quantitative impact, asking why the number of naturalisations has been lower than originally expected. The article outlines current challenges to the law's structure operation and identifies potential trajectories for its future development.     

论中国传统法律和谐思想之体现

中国法制现代化旨在通过制度与观念两个层面的法治化来实现社会主义法治秩序的构建。其中社会主义和谐理念是当前社会提倡并追求的符合现代性价值的思想观念,中国传统法律在立法与司法中所体现的和谐思想虽与此内涵不同,但其中所包含的具有传统法意义与本土意义的和谐因素可为现代法治建设所吸收与借鉴。     

Normative transformations in the European Union: on hardening and softening law

Abstract

Until the late 1980s, European integration was generally said to be based on ‘integration through law’. However, in the 1990s, a group of scholars observed that law seemed to be increasingly challenged and new modes of governance tended to distance themselves from legal integration. They were confronted with another group arguing that the EU was still subject to processes of judicialisation, juridification and Eurolegalism. Against this background, this special issue aims at understanding what triggers normative transformations, be it the hardening or the softening of law, at both EU and national levels. In this introduction, soft and hard law are given a definition based on obligation and enforcement. Then, normative transformations are situated in a framework which makes a distinction between processes, normative levels and political/administrative levels of transformation. Finally, three types of explanations are suggested to help us understand when and why transformations occur.