Suchergebnisse

At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophic

Temporal boundaries of politics and law : time out of joint / Luigi Corrias and Lyana Francot -- Judging the past: three ways of understanding time / Antoine Garapon -- Law at the right time : a plea for slow law in hasty times / Bart van Klink -- Law, time, and inhumanity: reflections on the impresciptible / Luigi Corrias -- Airports built on shifting grounds? : social acceleration and the temporal dimension of law / Hartmut Rosa -- Suspended in gaffa : legal slowness in the acceleration society / Lyana Francot -- Uncertain futures and the problem of constraining emergency powers : temporal dimensions of Carl Schmitt's theory of the state of exception / Marc de Wilde -- Constitutional preambles and the uncertain future / Nomi Claire Lazar -- Collective memory, constitutional polity and functional differentiation of modern society / Jiri Priban -- Informing life : temporal politics of information in the administration of pandemics / Sven Opitz -- Immediacy, potentia and constraining emergency powers / Bas Schotel.

The concepts of humanity, human dignity and mankind have emerged in different contexts across international law and biolaw. This raises many different questions. What are the aims for which 'humanity' is mobilised? How do these aims affect the ensuing interpretations of this concept? What are the negative counterparts of humanity, mankind and human dignity? And what happens if a concept developed in one particular context is taken up in another? By bringing together research from international law, biolaw and legal theory, this volume answers such questions by analysing how the concepts overlap and contradict each other across the disciplines. The result is not an examination of what humanity is but rather what it does and what it brings about in a variety of contexts

AbstractWithin the empirical study of moral decision making, people's morality is often identified by measuring general moral values through a questionnaire, such as the Moral Foundations Questionnaire provided by Moral Foundations Theory (MFT). However, the success of these moral values in predicting people's behaviour has been disappointing. The general and context-free manner in which such approaches measure moral values and people's moral identity seems crucial in this respect. Yet, little research has been done into the underlying notion of self. This article aims to fill this gap. Taking a phenomenological approach and focusing on MFT, we examine the concept of moral self that MFT assumes and present an improved concept of moral self for the empirical study of morality. First, we show that MFT adopts an essentialist concept of moral self, consisting of stable moral traits. Then, we argue that such a notion is unable to grasp the dynamical and context sensitive aspects of the moral self. We submit that Ricoeur's narrative notion of identity, a self that reinterprets itself in every decision situation through self-narrative, is a viable alternative since it is able to incorporate context sensitivity and change, while maintaining a persisting moral identity. Finally, we argue that this narrative concept of moral self implies measuring people's morality in a more exploratory fashion within a delineated context.

'Rogue states' have been high on the international security agenda for many years but their theoretical significance for International Relations has remained poorly understood. In contrast to the bulk of writings on 'rogue states' that address them merely as a policy challenge, this book focuses on what we can learn from deviance about the international system and international society. Building on three basic insights developed in social constructivism and critical theory, this volume brings together interdisciplinary insights into the study of 'rogue states', exploring the role of comity and decency in labelling of 'rogue states', the impact labelling has on behaviour, how to treat a 'rogue state', how 'rogue' status can be withdrawn and what part the role of international law has to play in this process. This unique and wide-ranging study will appeal to scholars of Sociology, Criminology, Political Science, International Relations and International Law