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The Experience of Tragic Judgment
Adjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgments draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
Adjudicating New Governance
This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Co...
The Making Sense of Politics, Media, and Law
From Trump's 'make America great again' to Johnson's 'build back better', performative politicians use The Making Sense to persuade their public audiences. Law 'makers' do it too: A courtroom trial is a 'truth factory' in which facts are not found but forged. The 'court of popular opinion' is another such factory, though its processes are often flawed and its products faulty. Where courts of law aim to make civil peace, 'trial by Twitter' makes civil strife. Even in 'mainstream' media, journalists make news for public consumption, so that all news is to an extent 'fake news'. In a world of making, how can we separate craft from craftiness? With insights from disciplines including law, politics, rhetoric, media studies, psychology, sociology, marketing, and performance studies, The Making Sense of Politics, Media, and Law offers a constructive way to approach controversies from transgender identity to cancel culture. This title is also available as open access on Cambridge Core.
The Violence of Law
""Lawfare" describes the systematic use and abuse of legal procedure for political ends which, in post-genocide Rwanda, contributed to the making of dictatorship. Jens Meierhenrich explains how and why Paul Kagame's Tutsi-led government in the period 1994-2019 learned to substitute law for war in its consolidation of authoritarian rule"--
Write That They May Read
Write That They May Read is a collection of essays written in honor of our mentor, friend, and fellow scholar, Professor Alan R. Millard. Respectful of his contribution to our understanding of writing and literacy in the ancient biblical world, all the essays deal with some aspect of this issue, ranging in scope from archeological artifacts that need to be "read," to early evidence of writing in Israel's world, to the significance of reading and writing in the Bible, including God's own literacy, to the production of books in the ancient world, and the significance of metaphorical branding of God's people with his name. The contributors are distributed among Professor Millard's peers and col...
Our Word Is Our Bond
Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Der...
Of Rule and Office
A new reading of Plato’s political thought Plato famously defends the rule of knowledge. Knowledge, for him, is of the good. But what is rule? In this study, Melissa Lane reveals how political office and rule were woven together in Greek vocabulary and practices that both connected and distinguished between rule in general and office as a constitutionally limited kind of rule in particular. In doing so, Lane shows Plato to have been deeply concerned with the roles and relationships between rulers and ruled. Adopting a longstanding Greek expectation that a ruler should serve the good of the ruled, Plato’s major political dialogues—the Republic, the Statesman, and Laws—explore how diff...
International Law and the Cold War
This is the first book to examine in detail the relationship between the Cold War and International Law.
Facing Authority
"When your friends call on you to take to the streets and demand the fall of the regime, this presses a practical predicament that we all address, often implicitly, in our everyday lives: is this regime legitimate? Facing Authority investigates the ways in which this question of legitimacy can be addressed in theory and practice, in the face of disagreement and uncertainty. Instead of asking "what makes authorities legitimate?" in the abstract, it examines how the question of legitimacy manifests itself in practice. How can we distinguish whether a regime is legitimate, or merely purports to be so? And what does it mean to do this well? Facing Authority proposes that judging legitimacy is no...
Postnational Constitutionalism
Develops a critical theory of postnational constitutionalism at a time when the project of integrating Europe's peoples through the rule of law is faltering. Spanning many bodies of EU jurisprudence, Linden-Retek devotes specific attention to migration and asylum--struggles where questions of solidarity and belonging are most acute.
