Politics, law, and the sacred: a conceptual analysis
In: Journal of international relations and development, Band 16, Heft 1, S. 1-24
ISSN: 1581-1980
In: Journal of international relations and development, Band 16, Heft 1, S. 1-24
ISSN: 1581-1980
In: Millennium: journal of international studies, Band 41, Heft 3, S. 644-655
ISSN: 0305-8298
In: Millennium: journal of international studies, Band 41, Heft 3, S. 644-655
ISSN: 1477-9021
In: Legality and Legitimacy in Global Affairs, S. 127-144
This paper examines the changing meaning of 'territoriality' by focusing on the problem of representation. It examines the two-dimensional homogenous space as it has been increasingly used in 'mapping' the international system as an area of mutually exclusive zones of jurisdiction. This way of mapping has reinforced the notion of 'sovereignty' as exclusion, despite the growth of competing jurisdictional claims based on a variety of principles, which the emergence of private international law attempted to mediate during the heydays of the nation state. It also placed international regimes and international organizations 'above' the state where they became 'invisible', thereby again reinforcing the territorial conception of law and politics. The new systems theory of Niklas Luhmann and Gunther Teubner claims to provide a better representation of contemporary social and political reality, as it no longer uses the part/whole distinction as its main conceptual tool and is thus more open to 'legal pluralism' both domestically and internationally. Nevertheless, the conceptualization of autonomous functional systems does not do justice to the special role that law plays in constituting and transforming these supposedly autonomous 'auto-poietic' systems. For that reason the new systems theory fails to address also problems of non-territorial 'imperial' formations as evidenced by the political project of 'governance' and 'best practices', universal human rights, and extra-territorial regulation as exemplified e.g. by the European REACH initiative and the EU's neighborhood policy.
BASE
In: The new international relations
World Affairs Online
In: International political sociology, Band 4, Heft 3, S. 311-315
ISSN: 1749-5687
Discusses the personal, disciplinary, methodological, & professional difficulties in engaging in fruitful interdisciplinary scholarship for the fields of international law, international relations, & sociology. References. D. Edelman
In: Foro internacional: revista trimestral, Band 50, Heft 2, S. 422-445
ISSN: 0185-013X
The article analyzes the difference between "public" & "private" goods in light of concepts in Roman law & The Wealth of Nations. It points out that in many cases the dichotomy is erroneous. Furthermore, based on a broader classification of types of goods, it looks at different ways of avoiding what is known as the "tragedy of the commons." Bearing in mind the progress made in technology & information, it criticizes the copyright system as regards intangible assets. The reason is that said system is based on inexact concepts & premises & does not effectively provide incentives for the production of new knowledge. Adapted from the source document.
In: International Political Sociology, Band 4, Heft 3, S. 311-315
In: The new international relations
This book brings together a collection of Friedrich Kratochwil's key essays to explain his approach to international relations and how his thinking has developed over the last 30 years. It addresses topical themes and issues, including sovereignty, law, epistemology, boundaries, global governance and world society.
In: International political sociology: the journal of the International Studies Association, Band 4, Heft 3, S. 303-321
ISSN: 1749-5679
Kessler, O.: Introduction. - S. 303 Werner, W.: The use of law in international political sociology. - S. 304-307 Klabbers, J.: Counter-disciplinarity. - S. 308-311 Kratochwil, F.: International law and international sociology. - S. 311-315 Onuf, N.: Old mistakes: Bourdieu, Derrida, and the "force of law". - S. 315-318 Liste, Ph.: The politics of (legal) intertextuality. - S. 318-321
World Affairs Online
In: International organization, Band 63, Heft 4, S. 701-731
ISSN: 0020-8183
World Affairs Online
In: International organization, Band 63, Heft 4, S. 701-731
ISSN: 1531-5088
AbstractThis article moves from deconstruction to reconstruction in research methodology. It proposes pragmatism as a way to escape from epistemological deadlock. We first show that social scientists are mistaken in their hope to obtain warranted knowledge through traditional scientific methods. We then show that pragmatism has grown from tacit commonsense to an explicit item on the agenda of the international relations discipline. We suggest that a coherent pragmatic approach consists of two elements: the recognition of knowledge generation as a social and discursive activity, and the orientation of research toward the generation of useful knowledge. To offer a concrete example of what pragmatic methodology can look like, we propose the research strategy of abduction. We assess various forms of research design to further elucidate how pragmatic research works in practice.
In: European political science review: EPSR, Band 1, Heft 3, S. 317-340
ISSN: 1755-7747
The 'return of religion' as a social phenomenon has aroused at least three different debates, with the first being the 'clash of civilizations', the second criticizing 'modernity', and the third focusing on the public/private distinction. This article uses Habermas' idea of a post-secular society as a prism through which we examine the return of religion and impact on secularization. In doing so, we attempt to understand the new role of religion as a challenger of the liberal projects following the decline of communism. Against this background, section four focuses on Habermas's central arguments in his proposal for a post-secular society. We claim that theproblematiquein Habermas's analysis must be placed within the wider framework of an emerging global public sphere. In this context we examine the problem of religion's place in political process and the two readings of Habermas as suggested by Simone Chambers.