Towards a Legal Theory of Supranationality - The Viability of the Network Concept

Though heated, recent debate on the German Federal Court's 'Maastricht' judgment may be argued to have overlooked one of the primary problems posed by European integration: the lack of new concepts to describe the emerging supranational order. The following argues that a discussion which on the one hand has overstressed the significance of nationalism, and which on the other continues to seek a 'normative' basis for a collective European order, has failed to pay due regard to the practical–functional elements of historical nation–state building. Further, such analyses have failed to recognise that traditional, hierarchical, centralised and unitary states have long been transformed 'from within' through a process of pluralisation and fragmentation. Accordingly, the 'network–concept' is tested here not only for its viability as a basis for a new conceptualisation of a supranationality which is characterised by heterarchical and decentralised relationships, but also for its relevance for the re–conceptualisation of the political and legal structures of the traditional nation–state.     

Lawyers of the Right: Networks and Organization

Lawyers for conservative and libertarian causes are active in organizing and mobilizing interest groups within the conservative coalition, and networks of relationships among those lawyers help to maintain and shape the coalition. Using data gathered in interviews with seventy-two such lawyers, this article analyzes characteristics of the lawyers and the structure of their networks. The findings suggest that the networks are divided into segments or blocks that are identified with particular constituencies, but that a distinct set of actors with extensive relationships serves to bridge the constituencies. Measures of centrality and brokerage confirm the structural importance of these actors in the network, and a search of references in news media confirms their prominence or prestige. This "core" set of actors occupies the "structural hole" in the network that separates the business constituency from religious conservatives. Libertarians, located near the core of the network, also occupy an intermediate position. Regression analysis of ties within the network suggests that the Federalist Society plays an important role in bringing the lawyers together.