The end of emancipation? CTS and normativity

ABSTRACT

Although CTS can be described as a broad church, scholars working within this approach want to produce knowledge which can help shape, improve, change, or replace contemporary counterterrorism. Guided by Marx’s mantra that the point of theory is not only to interpret the world but to change it, CTS has since its inception challenged the status quo of contemporary counterterrorism on the basis that it is possible to conduct counterterrorism differently, more humanly, and, put plainly, better. The concept of emancipation was identified early on as the foundation and basis for knowledge. However, a deeper debate on emancipation has largely been absent since 2010. Could it be that CTS exhausted the debate on one of its core commitments only five years into its existence? Have we reached the end of emancipation? Or could it be that emancipation is not that attractive at all for CTS and its normative projects? This article begins with a review and a state-of-the-art discussion of emancipation within CTS. While it might be the end of emancipation in its traditional conceptualisation, the article argues that emancipation can be retained as the basis for normative theorising and action within CTS when reconceptualised as a Weberian value-axiom. The article concludes by exploring a transfiguration of the concept of emancipation itself.     

Normative transformations in EU external relations: the phenomenon of ‘soft’ international agreements

Abstract

The European Union increasingly uses ‘soft’ international arrangements rather than formal international agreements in establishing relations with non-EU states. This contribution aims to raise the question of to what extent a move from hard to soft law in relations between the EU and its partners can be seen as allowing the Union to ‘step outside’ the legal framework (if that indeed is what is happening) and disregard the rules and principles that define the way in which EU external relations are to take shape. Possible consequences include the risk that these instruments are not subject to appropriate safeguards, that parliamentary influence (by the European Parliament as well as by national parliaments) is by-passed and that transparency is affected. There are various reasons for the EU not to use formal procedures, but a turn to informality does come at a price.     

Normative power Europe and the Israeli-Palestinian conflict: the EU’s peacebuilding narrative meets local narratives

ABSTRACT

This article conceives the EU’s normative power in the Israeli-Palestinian conflict as a narrative that projects views of the international system, the EU’s identity as a peacebuilder, and its positions on specific conflict issues. Highlighting the importance of local narratives as cultural filters, this article argues that a high degree of alignment of local narratives with key elements of the EU’s normative power narrative facilitates positive images of the EU as a normative power in peacebuilding, whilst diverging local narratives tend to give rise to more critical views. Yet, the case of Palestine also shows that strong narrative alignment with the EU may encourage high expectations, resulting in critical views about inconsistencies between the EU’s normative aspirations and its actual foreign policy conduct.     

《民法典》背景下损害概念渊流论

《民法典》对侵害与损害的区分,给损害赔偿的体系带来了深远影响。如何理解损害的概念,是认识这一损害赔偿体系的基础。损害概念的发展历经差额假说、客观损害说及规范损害说的演变。差额假说在实践操作中具有便利性优势,且实质上是损害赔偿的填补功能及完全赔偿原则的规范表述,其作为通说的地位依然应当肯定。客观损害说及规范损害说的提出,...     

规范的构成要件要素

由价值关系的概念或评价概念所表述的构成要件要素,是规范的构成要件要素。规范的构成要件要素分为法律的评价要素、经验法则的评价要素与社会的评价要素。规范的构成要件要素并不等同于不明确的构成要件要素,相反具有存在的合理根据与积极意义。法官应当以特定的违法性为导向理解规范的构成要件要素,并根据规范的构成要件要素的不同类型,采用相应的评价标准判断案件事实是否符合规范的构成要件要素。     

未成年人违法犯罪的量刑规范化研究

国内外司法界、学术界乃至立法机关在如何化解量刑不均衡问题上进行了大量的探索,国内要求量刑规范化改革的呼声越来越高,最高人民法院也已经出台了量刑规范化的试行文件。未成年人违法犯罪是近年来学术界和实务界一直关注的焦点,但有关量刑规范化的研究尚不深入,通过探讨未成年人违法犯罪的量刑规范化问题以期能够引起学界和实务界的重视。     

“Comfort Women” Merit Remembrance

正ON August 6,Navi Pillay,the United Nations High Commissioner for Human Rights,urged Japan to produce a comprehensive,impartial and lasting resolution on the issue of wartime sexual slavery,the so-called"comfort women."She lamented a report released by the Japanese government on June 20that said it"was not possible to confirm that women were forcefully recruited."In appealing to Japan,Pillay recognized that such a statement would cause tremendous agony to those female victims.     

浅谈高校学籍档案管理

学籍档案是高校档案的重要组织部分,学籍档案管理工作对保证高校学历电子注册、新生学籍电子注册、学年电子注册工作的完成有不可替代的作用。通过分析高校学籍档案管理面临的挑战,结合学校实际,提出更好地实现学籍利用价值的对策。     

New Labour,racism and ‘new’ football in England

ABSTRACT

Bradbury and Williams begin by examining aspects of the genealogy of incidents of fan racism at the Spain v. England international football match in Madrid on 17 November 2004, and the public outcry in Britain that followed. They raise questions about the possible ‘strategic mobilization’ by Spanish fans of apparently racist epithets as a response to the use, by the English football authorities before the match, of prominent anti-racism symbolism. The main body of the article then considers the British public response to Madrid within the context of the Blairite New Labour policy on football racism in England from the late 1990s. It argues that Labour's Football Task Force from 1997 constituted an entirely new direction for sport and government policy in Britain. However, by drawing on the comments of some of the key figures involved, Bradbury and Williams further contend that, both structurally and ideologically, the Task Force was preset to limit its own investigations on the nature and effects of racism, specifically in the English game. Although the Task Force's report, Eliminating Racism in Football, has had some positive effects—for example, on Football Association policy or in stimulating local anti-racist initiatives—its narrow focus and its relatively underdeveloped understanding of the racism problem in professional sport led its members to de-emphasize the significance of forms of institutionalized racism within English football. Research and commentaries on racism in the English game since that report was published in 1998 suggest that problems of racialized exclusion in football remain. Bradbury and Williams conclude that the public outrage in Britain about the incidents in Madrid reflect an over-concentration on silencing public expressions of racism—combating overt, collective fan outbreaks—at the expense of addressing the racialized structures of power that continue to shape access, opportunities and acceptance of ethnic minorities within professional football in England.     

情节犯之情节的犯罪论体系性定位

在我国刑法定性加定量犯罪定义模式下,如何对刑法分则中的情节和数额要求即所谓定量因素进行教义学解释,明确其在犯罪论中的体系性地位,继而确定其与行为人主观方面的关系,是当代中国刑法学上难解的"理论之结"。通过剖析构成要件的不法类型本质与诠释学特征以及我国学界关于构成要件质与量关系的见解,可以看到被司法解释补充与修改的我国犯罪构成所具有的特性它不仅是德日刑法理论意义上的为行为不法与结果不法划定预设空间的不法类型,也是一个包含了基本构成要件、加重结果、客观处罚条件以及其他刑事政策因素的"类构成要件复合体"。由基本构成要件的行为不法和结果不法组成的"构成要件基本不法量域",为界定我国刑法中情节和数额要求的犯罪论体系性地位提供了重要的方法论工具。