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Soziologische Jurisprudenz
Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.
Reproductive Racism
Population is a dangerous political category. It is not separable from the racist and class-based valorisation and devaluation of different lives. From global contraceptive implant programmes to right wing anti-immigration discourses, demographic interpretations of multiple current crises legitimise the states' grip on childbearing and mobility. The results are complex dimensions of reproductive racism and restrictive border regimes. Meanwhile, global social inequalities and racial capitalist extractivism stay out of the game. The book analyses how demographic knowledge production and states’ grip to the variable of population intertwine. It introduces the concept of the Malthusian matrix ...
Subjectivation and Cohesion
On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today. To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories – above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.
Impersonal Power
The point of departure of Heide Gerstenberger’s path-breaking work is a critique of structural-functionalist theory of the state, in both its modernisation theory and materialist variants. Prof. Gerstenberger opposes to these a historical-theoretical explanation that proceeds from the long-term structuring effect of concrete social practice. This is elucidated by detailed investigation of the development of bourgeois state power in the two key examples of England and France. The different complexions that the bourgeois state assumed are presented as the results of processes of social and cultural formation, and thus irreducible to a simple function of capitalism. This approach culminates in the thesis that the bourgeois form of capitalist state power arose only where capitalist societies developed out of already rationalised structures of the Ancien Régime type.
The Imperial Mode of Living
Our Unsustainable Life: Why We Can't Have Everything We Want With the concept of the Imperial Mode of Living, Brand and Wissen highlight the fact that capitalism implies uneven development as well as a constant and accelerating universalisation of a Western mode of production and living. The logic of liberal markets since the 19thCentury, and especially since World War II, has been inscribed into everyday practices that are usually unconsciously reproduced. The authors show that they are a main driver of the ecological crisis and economic and political instability. The Imperial Mode of Living implies that people's everyday practices, including individual and societal orientations, as well as...
The Justice of Humans
Justice for conflict-related sexual violence remains a critical problem for global society today. This ground-breaking book addresses pressing questions for 'international justice': what do existing approaches to international justice offer to victims of war and societies in conflict? And what possibilities do they provide for feminist social transformation? The Justice of Humans develops a new feminist approach to 'international justice'. Adopting a socio-legal perspective, it studies two major contemporary examples of legal and feminist approaches to justice, the International Criminal Tribunal for the former Yugoslavia and the Women's Court (former Yugoslavia), focusing on their treatment of sexual violence as a gender-based crime. Drawing on feminist social theory, legal analysis, and empirical research, the book offers an innovative feminist framework for understanding 'international justice' and offers new theoretical and practical strategies for building feminist justice.
Migration and the Contested Politics of Justice
This book discusses the politics of justice in relation to migration addressing both the controversies of governance and the active role of migrants’ struggles in shaping the materiality of justice. Considering justice and migration as globally contested fields, the book questions received wisdoms of European migration politics, including images of a migratory ‘crises’, the reconfiguration of the borders of justice, and the spurious pretensions of controlling and governing mobility. Gathering global scholars from migration studies, international relations and critical theory, as well as social activists, it advances an extended concept of contestation that goes beyond the simple clash ...
Marx on Campus: A Short History of the Marburg School
Alongside the ‘critical theory’ of the Frankfurt School, West Germany was also home to another influential Marxist current known as the Marburg School. In this volume, Marburg disciple Lothar Peter traces the school’s history and situates it in the political discourse and developments of its time. The renowned political scientist Wolfgang Abendroth plays a large role, but unlike most histories of the Marburg School Peter also takes the sociologists Werner Hofmann and Heinz Maus into account as well as their many students and successors. They were united by the conviction that teaching and scholarship must necessarily be tied to the practical goal of transforming society – an approach that met with considerable opposition in the harshly anti-Communist atmosphere of the period. This book was first published in 2014 as Marx an die Uni. Die "Marburger Schule" – Geschichte, Probleme, Akteure by PapyRossa Verlag, Cologne, ISBN 978-38-94-38546-0. With a new Introduction by Ingar Solty.
The Procedural and Organisational Law of the European Court of Justice
How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Law and Labour Migration Struggles: Legal Consciousness of East African Healthcare Professionals in Britain
The book examines the experiences and struggles of East African Healthcare Professionals in their pursuit for labour market integration in the United Kingdom under the Tiered Points Based System – a labour migration programme. Probing the managed migration policy, migration governance and migrant rights, it provides useful context information on the East African sending states, the United Kingdom and the migration of essential healthcare sector workforce. It critiques the fallacy of relying on strict categories when examining labour migration where migrants performing various roles are classed as highly or low skilled. The interdisciplinary study probes the migration-development nexus and ...
