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Beyond Foucault
In his hugely influential book Discipline and Punish, Foucault used the example of Jeremy Bentham's Panopticon prison as a means of representing the transition from the early modern monarchy to the late modern capitalist state. In the former, power is visibly exerted, for instance by the destruction of the body of the criminal, while in the latter power becomes invisible and focuses on the mind of the subject, in order to identify, marginalize, and 'treat' those who are regarded as incapable of participating in, or unwilling to submit to, the disciplines of production. The Panopticon links the worlds of Bentham and Foucault scholars yet they are often at cross-purposes; with Bentham scholars...
The Max Planck Handbooks in European Public Law
The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution ...
Legal Power and Legal Competence
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
Foundations of Modern International Thought
Between the early seventeenth and mid-nineteenth centuries, major European political thinkers first began to look outside their national borders and envisage a world of competitive, equal sovereign states inhabiting an international sphere that ultimately encompassed the whole globe. In this insightful and wide-ranging work, David Armitage – one of the world's leading historians of political thought – traces the genesis of this international turn in intellectual history. Foundations of Modern International Thought combines important methodological essays, which consider the genealogy of globalisation and the parallel histories of empires and oceans, with fresh considerations of leading figures such as Hobbes, Locke, Burke and Bentham in the history of international thought. The culmination of more than a decade's reflection and research on these issues, this book restores the often overlooked international dimensions to intellectual history and recovers the intellectual dimensions of international history.
Local Meanings of Proportionality
A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
The Question of Competence in the European Union
The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question
The Cambridge Handbook of Comparative Law
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Handbook of Parliamentary Studies
This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.
