Acquiring a Community: The Acquis and the Institution of European Legal Order

Abstract: The theme ‘law and disorganised civil society’ raises the fundamental question concerning the junction between legal order and disorder, hence the passage from instituted legal order to the institution of legal order. The emblematic manifestation of this passage, in the framework of the European legal order, is the acquis communautaire: what is the nature of the process that leads from acquired community to acquiring a community? In a first, preparatory, step, it will be argued that determinate conceptions of truth, time and the giving and taking of reason underlie the process of acquiring a European community. These findings are confronted, in a second step, with Antonio Negri's theory of the multitude as a constituent power, which opposes revolutionary self‐determination to representation. Deconstructing this massive opposition, this paper explores three ways in which representation is at work in revolutionary self‐determination. As will become clear in the course of the debate, instituting (European) community turns on the interval linking and separating law ‘and’ disorganised civil society.     

Whistleblowing and corruption control: The GE case

This paper focuses on the use of the amended False Claims Act to counter defense contract fraud against the U.S. government. The case deals with the scheme of a former Israeli Air Force General and a GE marketing specialist to divert funds, provided by the U.S. to Israel, for unauthorized and private usage, and with the actions of the GE whistleblower, Chester L. Walsh, in bringing suit against GE under FCA. The paper analyzes poses the ethical problem of providing an economic bounty for the whistleblower even while acknowledging the effectiveness of this practice in countering fraud.     

Corporate violence against canadian women: Assessing left-realist research and policy

Canadian researchers, especially feminists, have shown, that male violence against women in both intimate relationships and public places is a significant social problem. Compared to the amount of rigorous work done on this important issue, an equally if not more serious problem for women—corporateviolence—has been given little empirical, theoretical, and political attention The primary purpose of this paper is to articulate how, some left realist survey techniques and policy proposals can contribute to the study, prevention, and control of corporate violence against Canadian women in the industrial workplace. The authors conclude this article by pointing to a few pitfalls of realism which must be add ressed before it can be effectively applied in the Canadian context.     

The "Essential Domino" of Military Operations: American Public Opinion and the Use of Force

It is a commonly held belief that the foreign policy issue to which the American public is most sensitive is the use of military force. Because American public opinion regarding the use of force is highly palpable, salient, and organized, and because decisions regarding the use of force are some of the most important decisions the nation ever has to consider, the analysis of public opinion regarding military involvement is academically significant and policy relevant. The indication from policymakers is that American military operations require public support. As a result, scholars and analysts have come to realize that public opinion is the "essential domino" of military operations. The relationship between mass American public opinion and the use of military force has become, therefore, the focus of numerous studies and surveys. There are currently several competing explanations—schools of thought—in the literature on why the mass public supports the use of force. This article is an attempt to identify the most prominent schools of thought on public opinion and the use of force, and the central factors associated with each school. Such a review is important to generating policy–relevant guidance pertaining to public opinion and the use of force—an objective made more pressing by the current war against terrorism.