共查询到20条相似文献,搜索用时 78 毫秒
1.
Michael Blecher 《Law and Critique》2008,19(3):297-306
The governance phenomenon brings law back to its very ‘origin’, namely, law-making (‘Recht-Fertigung’), and reveals that law
is not anchored to a specific ‘polis’ or to Hobbesian statehood, but is able to pursue different forms of ‘the common’ as
long as its paradox function is fulfilled. Law recognises and develops normative standards for the creation of social structures
while also leading a continuous battle against any restrictions to democracy, common wealth and justice connected to these
structures. Law here acts ‘politically’ and in affinity to social movements that struggle against any form of social ‘immunisation’.
This article analyses the conditions of this affinity and its consequences for the concept of ‘justice’.
相似文献
Michael BlecherEmail: |
2.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
3.
Michael Levi 《Crime, Law and Social Change》2008,49(5):365-377
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
相似文献
Michael LeviEmail: |
4.
Giuseppe Bronzini 《Law and Critique》2008,19(3):255-274
This essay examines the problems that many scholars raise when referring to the EU’s chances of implementing a true, original
and effective social model, capable of renewing the Welfare State model developed after the Second World War. The analysis
is conducted in the light of the process of ‘constitutionalisation’ in the European Union and of the Lisbon Treaty. Following
a constructive approach, the author examines the current debate among European public actors on this issue, with particular
emphasis on the ‘advanced enforcement’ of the Nice Bill of Rights evident in the jurisprudence of the European Courts as well
as in recently published European Commission documents on ‘flexicurity’.
相似文献
Giuseppe BronziniEmail: |
5.
Carrol Clarkson 《Law and Critique》2007,18(3):361-374
This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels
is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex
negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the
novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading
a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of
community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies
from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.
相似文献
Carrol ClarksonEmail: |
6.
7.
From walls to membranes: fortress polis and the governance of urban public space in 21st century Britain 总被引:1,自引:0,他引:1
Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape
through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation
is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects;
as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and
so on. This paper argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed
within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the
embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes
of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised
form, to envisage these developments and to provide the foundation for an understanding of the importance of the development
of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through
‘control’.
相似文献
Nathan MooreEmail: |
8.
Eric Heinze 《Law and Critique》2009,20(1):79-103
The seventeenth century placed Western political thought on a path increasingly concerned with ascertaining the legitimacy
of a determinate individual, parliamentary or popular sovereign. As early as Shakespeare, however, a parallel literary tradition
serves not to systematise, but to problematise the discourses used to assert the legitimacy with which control over law and
government is exercised. This article examines discourses of legal and political legitimacy spawned in early modernity. It
is argued that basic notions of ‘right’, ‘duty’, ‘justice’ and ‘power’ (corresponding, in their more vivid manifestations,
to categories of ‘heir’, ‘celebrity’, ‘martyr’ and ‘monster’) combine in discrete, but always encumbered ways, to generate
a variety of legitimating discourses. Whilst transcendentalist versions of those discourses begin to wane, their secular analogues
acquire steadily greater force. In addition to the Shakespearean histories, works of John Milton, Pierre Corneille, Jean Racine,
Friedrich Schiller and Richard Wagner are examined, along with some more contemporary or ironic renderings.
相似文献
Eric HeinzeEmail: |
9.
Jane Johnson 《Criminal Law and Philosophy》2008,2(3):291-307
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
相似文献
Jane JohnsonEmail: |
10.
Corruption is a serious and enduring problem in Turkey. As such, a series of sustained and synchronized actions are needed
to promote integrity, and to prevent and punish corrupt practices in public life. In most recent years, subsequent cabinets
have promulgated a set of laws, regulations, and measures in the name of fighting against corruption. Yet, building a clean
government remains as a daunting, if not insurmountable, task for policy makers and the public at large in Turkey. The current
paper begins with a brief introduction, summarizing the need for new, more effective anti-corruption policies and practices
in the country. Then, it succinctly describes and assesses the main ‘pillars’ of the ‘national integrity system.’ The paper
moves on to identify and evaluate the chief ‘perils,’ challenges and risks associated with efforts aiming to contribute to
integrity, transparency and accountability in Turkish society. Finally, the paper discusses the ‘prospects’ for building a
clean government in Turkey in the near future. Among the issues brought to the present debate are: the need for a credible
commitment by the ruling elites for establishing a well-functioning integrity regime; effective coordination and collaboration
among a wide range of institutional actors; developing a set of coherent principles and policies; and creating capacity to
prevent, prosecute, and punish corrupt behaviors. It is also argued that building a clean government in Turkey requires a
strong and sustainable coalition among the clean, the competent, and the competitive.
相似文献
Muhittin Acar (Corresponding author)Email: |
Uğur EmekEmail: |
11.
Nicholas Dorn 《Crime, Law and Social Change》2009,51(2):283-295
So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon
may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons
that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are
articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated
as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to
criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer
financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance
are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and
democratisation of the EU.
相似文献
Nicholas DornEmail: |
12.
Mark Zeitoun Naho Mirumachi 《International Environmental Agreements: Politics, Law and Economics》2008,8(4):297-316
Whether the inter-state and sub-national tensions over transboundary waters will lead to greater conflict or increased cooperation
remains a hotly debated issue. Most work on the subject situates transboundary water conflict and transboundary water cooperation
at opposing ends of a continuum. The examination of either conflict or cooperation, we argue, refutes the reality of the vast majority of contexts where cooperation and conflict actually co-exist,
and perpetuates the paradigm that any conflict is ‘bad’, and that all forms of cooperation are ‘good’. The efforts of the
international water academic and practitioner communities may be better served through a combined reading of conflict and
cooperation as transboundary water interaction. Mirumachi’s Transboundary Waters Interaction NexuS is offered as a robust method demonstrating that simultaneous consideration
of conflict and cooperation is both insightful and possible. Transboundary water interaction is shown to be an inherently
political process determined by the broader political context. We examine evidence suggesting that uncritical acceptance of
traditional forms of ‘cooperative’ arrangements may in fact sustain the conflict it was intended to transform. Several other
less well-known faces of ‘cooperation’ are discussed in detail, with examples of narrow, token and coercive cooperation derived
from inter-state relations on the Jordan, Nile and Ganges rivers. With a view to paving the way for improved transboundary
water sharing and governance, subjectively negative, neutral and positive forms of interaction are defined, and linked with
a first approximation of their potential driving forces.
相似文献
Naho MirumachiEmail: |
13.
Shaun Whitehead Jen Mailley Ian Storer John McCardle George Torrens Graham Farrell 《European Journal on Criminal Policy and Research》2008,14(1):39-60
Anti-theft designs relating to mobile phones are reviewed. The physical and electronic design of handsets includes visual
deterrents, owner-identification, and handset tracking options. The systems design of phone networks includes the blacklisting
of stolen phones. Other measures include biometric-locking of handsets, and designs that encourage ‘safe’ phone use and transportation.
Characteristics that promote anti-theft designs are proposed and form the acronym ‘IN SAFE HANDS’: identifiable, neutral,
seen, attached, findable, executable, hidden, automatic, necessary, detectable, and secure. The set of characteristics is
presented as a heuristic device to aid designing-out crime from frequently stolen electronic goods.
相似文献
Graham FarrellEmail: |
14.
Jacques De Ville 《Law and Critique》2008,19(2):87-114
This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation,
speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present
context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s
thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of
ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in
Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications
for constitutional interpretation.
相似文献
Jacques De VilleEmail: |
15.
Panu Minkkinen 《Law and Critique》2008,19(1):65-85
The essay discusses law’s inability to address the phenomenon of human suffering and, at the same time, investigates a possible
theoretical kinship between Walter Benjamin’s notion of ‘the expressionless’ and Emmanuel Levinas’s understanding of suffering
as the foundation of an interhuman ethics. The kinship between Levinas and Benjamin is examined with reference to suffering
in the visual arts and, more specifically, in Matthias Grünewald’s Isenheim Altarpiece and Francis Bacon’s crucifixion triptychs.
The essay argues that in the crucifixion scenes of both Grünewald’s medieval altarpiece and Bacon’s triptychs, suffering is
what constitutes ‘the expressionless’. After every detail of the image, every element of attribute, motif, composition and
colour have been accurately depicted, a residue still remains, an ethical truth that cannot be appropriated into a meaningful
unity but that nevertheless calls for a response. While law must always give suffering a utilitarian value in its attempts
to assign responsibility for the injury occurred, the essay argues that the fragmentariness in all true art that Benjamin
calls ‘the expressionless’ is akin to Levinas’s understanding of the constitutional uselessness of suffering, its essence
as ‘for nothing’.
相似文献
Panu MinkkinenEmail: |
16.
Derek McGhee 《Liverpool Law Review》2008,29(1):99-115
In many ways his article confronts the Sociologist C. Wright Mills’s famous injunction on turning private troubles into public
issues. However, this is a trickier process than usual as the victims at the centre of these private troubles are not children,
women, lesbian, gays, the elderly, or the disabled. The victims here are what Stan Cohen has described as ‘impure victims’,
in that they are individuals who are suspected of being ‘involved’ in ‘terrorist’ activities. The private troubles these impure
victims are experiencing are the loss of many of the rights most of us enjoy (for example, the right to liberty and the right
to a fair trial). The public issue that will be examined here is what étienne Balibar refers to as the reality of the extreme
violence of the State in contemporary societies against ‘radically excluded’ individuals. This chapter is an examination of
the long and winding road to the Government achieving its over-riding ambition in the war on terror in the UK: the deportation
of terror suspects to regimes where (despite diplomatic assurances) torture is inevitable.
相似文献
Derek McGheeEmail: |
17.
Daniel Paul McLoughlin 《Law and Critique》2009,20(2):163-176
The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines
the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law
is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political
analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation,
and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as
such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply
indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and
its excess.
相似文献
Daniel Paul McLoughlinEmail: |
18.
Leonhard Praeg 《Law and Critique》2008,19(2):193-223
From the theoretical perspective of René Girard, Walter Benjamin and Jacques Derrida the Rwanda genocide of 1994 may be interpreted
as an instance of foundational violence. Given the constant reference in the Rwanda genocide discourse to the failed revolution
of 1959, it is perhaps rather a case of deferred foundational violence. Useful as this notion of ‘foundational violence’ may be, as theoretical category it is also hugely
challenging because the implicit claim is not just historical (‘states are routinely founded on violence’) but analytical
(‘founding moments are per definition violent’). The result is a profound tension between, on the one hand, the need to understand
the event as somehow unexceptional or typical of the founding of new socio-political orders and, on the other hand, the need
to judge it as exceptional, an ‘outrage’, a crime against humanity. This paper treats the tension between the unexceptional
and exceptional as aporetic, that is, as a profound puzzle consisting of two equally valid imperatives which are nonetheless
mutually exclusive. It is also an attempt to find a way beyond the impasse.
相似文献
Leonhard PraegEmail: |
19.
George Pavlich 《Criminal Law and Philosophy》2007,1(1):79-97
In crime-obsessed cultures, the rudimentary trajectories of criminalizing processes are often overlooked. Specifically, processes of accusation that arrest everyday life, and enable possible enunciations of a criminal identity, seldom attract sustained attention. In efforts at redress, this paper considers discursive reference points through which contextually credible accusations of ‘crime’ are mounted. Focusing particularly on the ethical dimensions of what might be considered a ‘lore’ (rather than law) of criminal accusation, it examines several ways that exemplary cases reflect paradigms of accusatorial practice, accuser identity formation and accused response. With such assumptive grids in mind, the paper signals the potential value of rescuing accusation from fundamental attachments to (a criminally defined) order and disorder, as well as images of a distinct accuser and accused offender. It then alludes to the prospect of pursuing justice through less exclusive forms of accusation
相似文献
George PavlichEmail: Phone: +1-780-4925343Fax: +1-780-4927196 |
20.
Jacques de Ville 《International Journal for the Semiotics of Law》2008,21(2):117-137
In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look
at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive
is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well
as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation.
This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School,
University of London.
相似文献
Jacques de VilleEmail: |