Der Europ?ische Gerichtshof als Motor der Integration: Eine akteursbezogene Erkl?rung

For nearly five decades, the European Court of Justice (ECJ) has developed a decisively pro-European case law and has become the ??engine of integration??. Institutional explanations shed light on the Court??s room for manoevre. They have to be complemented by actor-centered explanations that shed light on the judges?? motives of action. The explanation offered by the following paper is unfolded in two steps. In the first one, the article describes idiosyncrasies of the European law discourse that already shaped the judges before they were appointed. The analysis of the idiosyncrasies corresponds to a scepticism towards the idea of national sovereignty, a belief in the necessity of creative and idealist, law-augmenting judges and a dominance of output-oriented legitimization strategies. In a second step, the article shows that in the sociological sense the ECJ judges constitute a group. While the individual judges share an understanding of the aims and functions of European law, the group develops its own identity and grants status to those who perform successful actions with respect to the common integration agenda. This explanation is more realistic than ??rational choice?? explanations which point to the direct and personal benefits that judges derive from their pro-European case law.     

A Political Science of Punishment: Francis Lieber and the Discipline of American Prisons

This article examines the history of political science in relation to the history of the prison. It considers how theories of the state in political science have assumed that proper states should punish with prisons, and traces these ideas to the work of Francis Lieber, the first academic political scientist in the USA. Because his ideas about prison reform were central to his conceptualization of the discipline as a science of punishment, his theory of the state is an understudied part of the history of mass incarceration. Lieber argued that the state had a moral duty to punish its citizens with the prison, and an obligation to manage the risks of democracy through the prison's principles of scientific certainty, less eligibility, and disciplinary solitude. By examining the life and work of Francis Lieber, this article offers new ways of thinking about political science's past, and its status as part of the history of the American prison.