Who,Why and How: Assessing the Legitimacy of Secession

Since the breakdown of bipolarity, the international community had to cope with independence movements spreading in Eastern, Central and Southeastern Europe. Given the peculiar coercive character of the Soviet and Yugoslav Federations and the Soviet Union's hegemonial rule in Central Europe, the wish for independent statehood can be understood as a sum of single secessionist movements. This article investigates secession as a moral problem of public international law; it also attempts to define normative criteria for the assessment of secessionist legitimacy. What conditions are required for a legitimate secession? On what political, social or historical characteristics should a legitimate secession be based in order to obtain international recognition? The analysis is carried out on three levels: legitimacy of the actors (Who), legitimacy of the secessionist argument (Why) and procedural legiti‐macy (How). The analysis is illustrated by three examples of recent se‐cessionist movements: Slovakia, FYR Macedonia and Chechnya.     

Appropriators not Position Takers: The Distorting Effects of Electoral Incentives on Congressional Representation

Congressional districts create two levels of representation. Studies of representation focus on a disaggregated level: the electoral connection between representatives and constituents. But there is a collective level of representation—the result of aggregating across representatives. This article uses new measures of home styles to demonstrate that responsiveness to constituents can have negative consequences for collective representation. The electoral connection causes marginal representatives—legislators with districts composed of the other party's partisans—to emphasize appropriations in their home styles. But it causes aligned representatives—those with districts filled with copartisans—to build their home styles around position taking. Aggregated across representatives, this results in an artificial polarization in stated party positions: aligned representatives, who tend to be ideologically extreme, dominate policy debates. The logic and evidence in this article provide an explanation for the apparent rise in vitriolic debate, and the new measures facilitate a literature on home styles.     

Indigenous Australians: Language, and the Law

Indigenous peoples face a number of hurdles intaking cases to Australian law courts. In thecase that the social and economic problems canbe overcome, they face problems related to theintellectual structures of the court and thelanguage and philosophical beliefs that thecourt systems are based on. Derrida shows thatWestern metaphysics privileges speech overwriting, and this counts against indigenouscultures in which narrative knowledge is a formof writing. Due to this privileging, there is adifferend involving the courts and indigenouspeoples which makes the achievement of justicedifficult in the legal arena in Australia. Thisarticle questions whether the courts are thecorrect bodies to deal with indigenous issues.The achievement of justice is made moredifficult again by the truth-producing effectsof legal decisions, which render native titleas a weaker form of property right. Finally,indigenous Australians are caught in a catch-22situation, in which in order to receivejustice, they must Westernise their thought toadapt to the court system, and yet not allowany Westernisation of their culture. Such aWesternisation can be forced upon indigenouspeoples by the truth-producing effects oflanguage.     

The Constitution of Violence Through the Language of Law: Legal Hermenutics in Second‐Century Roman Egypt

Bryen, Ari Z. 2013. Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. This essay examines the linguistic anthropological themes emergent in Violence in Roman Egypt (2013). Viewing law as a discourse, it explores how language is constitutive of law and is the primary modality of acting upon, and enacting the world(s) that it shapes, giving meaning to the lives of people who engage each other in and through it. Violence petitions in second‐century Egypt are a fundamental mode of sense making and problem solving, calling on legal authorities to interpret claims of iniuria, or legal battery, into a language that they understand and remedy. In doing so, law changes the discourse of violence, specifically, and social life, more broadly.