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Law, Populism, and the Political in Central and Eastern Europe
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
A New Philosophy of Modernity and Sovereignty
Tackling important philosophical questions on modernity – what it is, where it begins and when it ends – Przemyslaw Tacik challenges the idea that modernity marks a particular epoch, and historicises its conception to offer a radical critique of it. His deconstruction-informed critique collects and assesses reflections on modernity from major philosophers including Hegel, Heidegger, Lacan, Arendt, Agamben, and Žižek. This analysis progresses a new understanding of modernity intrinsically connected to the growth of sovereignty as an organising principle of contemporary life. He argues that it is the idea of 'modernity', as a taken-for-granted era, which is positioned as the essential co...
Legal Form and the End of Law
Following the 100th anniversary of Pashukanis’ General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist – post-Marxist or hauntingly Marxist – legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privilege...
Legal Form
A century after the publication of Evgeny Pashukanis’ pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis’ General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas ...
The Marrano Way
The Marrano phenomenon is a still unexplored element of Western culture: the presence of the borderline Jewish identity which avoids clear-cut cultural and religious attribution and – precisely as such – prefigures the advent of the typically modern "free-oscillating" subjectivity. Yet, the aim of the book is not a historical study of the Marranos (or conversos), who were forced to convert to Christianity, but were suspected of retaining their Judaism "undercover." The book rather applies the "Marrano metaphor" to explore the fruitful area of mixture and cross-over which allowed modern thinkers, writers and artists of the Jewish origin to enter the realm of universal communication – wi...
The Marrano Phenomenon
What we call here the ‘Marrano phenomenon’ is still a relatively unexplored fact of modern Western culture: the presence of the borderline Jewish identity which avoids clear-cut cultural and religious attribution, but nevertheless exerts significant influence on modern humanities. Our aim, however, is not a historical study of the Marranos (or conversos), i.e., the mostly Spanish and Portguese Jews of the 15th and 16th centuries, who were forced to convert to Christianity, but were suspected of retaining their Judaism ‘undercover’: such an approach already exists and has been developed within the field of historical research. We rather want to apply the ‘Marrano metaphor’ to explore the fruitful area of mixture and crossover which allowed modern thinkers, writers, and artists of the Jewish origin to enter the realm of universal communication—without, at the same time, making them relinquish their Jewishness, which they subsequently developed as a ‘hidden tradition’. What is of special interest to us is the modern development of the non-normative forms of religious thinking located on the borderline between Christianity and Judaism, from Spinoza to Derrida.
Political Violence
This volume brings together scholars from intellectual history, social sciences, philosophy and theology to evaluate central questions concerning political violence and aggression. This multidisciplinary collection of essays critically investigates forms and modes of justification of political violence from historical and contemporary perspectives, especially within the context of the development of the idea of Europe and modern European identity. What is meant by political violence and aggression? When and under which conditions is it justified? Who has the right to exercise it and against whom? Answers differ depending on various factors such as pre-established ends, available resources and possibilities of action, historical and socio-economic context, the ideological, political, and religious-theological background of the actors. The volume pays special attention to (a) how the above questions have been addressed and answered political, philosophical and theological thought, and (b) what kind of ideological currents and historical events lay at the background of such considerations.
Problems of Normativity, Rules and Rule-Following
This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.
Hague Yearbook of International Law / Annuaire de La Haye de droit international, Vol. 35 (2022)
The aim of the Hague Yearbook of International Law is to offer a platform for review of new developments in the field of international law. In addition, it devotes attention to developments in the international law institutions based in the international City of Peace and Justice, The Hague. This Special Issue of Yearbook stems from a conference organised by the Maastricht University Study Group for Critical Approaches to International Law in April 2022. The conference, entitled 'Deconstructing International Law,' invited participants to reflect on and dismantle some of the foundational ideas of international law.
Human Dignity and Democracy in Europe
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
