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Promoting Solidarity in the European Union
The EU claims that solidarity is a fundamental value underlying the European social model, yet often stands accused of undermining solidarity by advancing market freedoms. This book provides the first extended study of the idea of solidarity in the EU context from interdisciplinary perspectives--analyzing its impact on law and policy.
The Many Constitutions of Europe
This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
Shakespeare's Curse
Conceptualizing the curse as the representation of a foundational, mythical violence that is embedded within juridical discourse, Shakespeare’s Curse pursues a reading of Richard III, King John, and King Lear in order to analyse the persistence of imprecations in the discourses of modernity. Shakespeare wrote during a period that was transformative in the development of juridical thinking. However, taking up the relationship between theatre, theology and law, Bjoern Quiring argues that the curse was not eliminated from legal discourses during this modernization of jurisprudence; rather, it persisted and to this day continues to haunt numerous speech acts. Drawing on the work of Derrida, La...
The Scene of the Mass Crime
The Scene of the Mass Crime takes up the unwritten history of the peculiar yet highly visible form of war crimes trials. These trials are the first and continuing site of the interface of law, history and film. From Nuremberg to the contemporary trials in Cambodia, film, in particular, has been crucial both as evidence of atrocity and as the means of publicizing the proceedings. But what does film bring to justice? Can law successfully address war crimes, atrocities, genocide? What do the trials actually show? What form of justice is done, and how does it relate to ordinary courts and proceedings? What lessons can be drawn from this history for the very topical political issue of filming civ...
The Concept of European Values
The Concept of European Values: Creating a New Narrative for Europe offers a philosophical analysis of the concept of European values from its origin to the present day. This book rethinks European values in light of the crises—economic, political, migration, identity, and pandemic—that the European Union (EU) has faced from 2008 until today and analyzes EU initiatives to create a new narrative for Europe. Sanja Ivic reexamines the concept of European values as well as the philosophical and political assumptions on which this concept is based. In times of crisis, the EU has shown a lack of solidarity. As evidenced by Brexit, the migration crisis, and the pandemic crisis, the EU is experiencing a clash of national and postnational norms and values. Ivic argues that the EU did not react in accordance with the supranational values and principles on which it is based, as stated in Article 2 of the Treaty on European Union: respect for democracy, human dignity, freedom, equality, the rule of law, and respect for human rights. Its reaction to these crises shows a turn from postnational values (which the EU advocated as a supranational political community) to nationalist paradigms.
European Civil Society and Human Rights Advocacy
Examining the interaction between hundreds of civil society organizations and the EU Fundamental Rights Agency, Markus Thiel explores the role and impact of transnational civil society in EU human rights advocacy through a political sociology perspective and reflects critically on the legitimacy of EU human rights norms.
Concepts of Property in Intellectual Property Law
This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
Poverty, Crisis and Resilience
Poverty remains a problem in Europe, raising the need for new solutions. In this thought-provoking book the contributors delve deeply into the everyday lives of poor households to see which practices and resources they apply to improve their situations. One of the book’s key findings is that social resilience requires a functioning welfare state operating at an increased level. In addition to sufficient welfare transfers, there is a need for low-commodified common goods to be made available not only for the registered poor but all low-income households.
Law and Enjoyment
This book advocates, and develops, a critical account of the relationship between law and the largely neglected issue of ‘enjoyment’. Taking popular culture seriously – as a lived and meaningful basis for a wider understanding of law, beyond the strictures of legal institutions and professional practices – it takes up a range of case studies from film and literature in order to consider how law is iterated through enjoyment, and how enjoyment embodies law. Drawing on psychoanalytic theory, this book addresses issues such as the forced choice to enjoy the law, the biopolitics of tyranny, the enjoyment of law’s contingency, the trauma of the law’s symbolic codification of pleasure, and the futuristic vision of law’s transgression. In so doing, it forges an important case for acknowledging and analyzing the complex relationship between power and pleasure in law – one that will be of considerable interest to legal theorists, as well as those with interests in the intersection of psychoanalytic and cultural theory.
Shakespearean Genealogies of Power
Shakespearean Genealogies of Power proposes a new view on Shakespeare’s involvement with the legal sphere: as a visible space between the spheres of politics and law and well able to negotiate legal and political, even constitutional concerns, Shakespeare’s theatre opened up a new perspective on normativity. His plays reflect, even create, "history" in a new sense on the premises of the older conceptions of historical and legal exemplarity: examples, cases, and instances are to be reflected rather than treated as straightforwardly didactic or salvific. Thus, what comes to be recognized, reflected and acknowledged has a disowning, alienating effect, whose enduring aftermath rather than it...
