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Authority and the Globalisation of Inclusion and Exclusion

Cambridge University Press (2018)

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  1. Robert Cover as a Radical Democrat.Maxim van Asseldonk - 2022 - Law and Critique 34 (2):185-205.
    The political philosophy of radical democracy has made innumerable invaluable contributions to theories of democracy. However, while radical democrats tend to focus on the political, a cogent and comprehensive framework of law appropriate to radical democracy has only recently been begun to be developed. Interpreting the vast tradition of radical democracy to be based at least on the fundamental tenets of radical equality, anti-foundationalism, and to a lesser extent conflict, this paper argues that the oft-forgotten work of the American legal (...)
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  • Excluding Inclusion: H.K. Lindahl, Authority and the globalisation of inclusion and exclusion. Cambridge 2018 [ISBN 9781107177000] and N. Walker, Intimations of global law. Cambridge 2014 [ISBN 9781316134221]. [REVIEW]Kaarlo Tuori - 2019 - Jus Cogens 1 (2):187-198.
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  • Public Actors Without Public Values: Legitimacy, Domination and the Regulation of the Technology Sector.Linnet Taylor - 2021 - Philosophy and Technology 34 (4):897-922.
    The scale and asymmetry of commercial technology firms’ power over people through data, combined with the increasing involvement of the private sector in public governance, means that increasingly, people do not have the ability to opt out of engaging with technology firms. At the same time, those firms are increasingly intervening on the population level in ways that have implications for social and political life. This creates the potential for power relations of domination, and demands that we decide what constitutes (...)
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  • Arbitrary Law Making and Unorderable Subjectivities in Legal Theoretical Approaches to Migration.Enrica Rigo - 2020 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:71-88.
    The article considers the changes that have affected European border regimes of migration control as a testcase for discussing arbitrariness. The argument highlights the limited capacity of notions of arbitrariness defined as a departure from the rule of law to capture the ongoing conflict at the borders of Europe and brings, instead, to the foreground the ambivalent meaning of arbitrariness. By comparing Santi Romano’s classical theory of legal pluralism with recent analyses of legal globalization processes, arbitrariness emerges either as an (...)
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  • Time and Timelessness in Constitutional Thought.Thomas Poole - 2020 - Res Publica 27 (2):255-270.
    This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this moral community is also a jural community. The paper engages with Bernard Williams’s thought with a view to resolving the tension between two conceptions of the constitution that differ in their account (...)
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  • Political Legitimacy as an Existential Predicament.Thomas Fossen - 2021 - Political Theory 50 (4):621-645.
    This essay contributes to developing a new approach to political legitimacy by asking what is involved in judging the legitimacy of a regime from a practical point of view. It is focused on one aspect of this question: the role of identity in such judgment. I examine three ways of understanding the significance of identity for political legitimacy: the foundational, associative, and agonistic picture. Neither view, I claim, persuasively captures the dilemmas of judgment in the face of disagreement and uncertainty (...)
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  • The Idea of Discursive Constituent Power.Massimo Fichera - 2021 - Jus Cogens 3 (2):159-180.
    The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...)
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  • Environmental Law and Youth Protests: Future Generations Between Speech Acts and Political Representation.Luigi D. A. Corrias - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (2):893-906.
    This article aims to provide a semiotic analysis of environmental law and youth protests. More precisely, drawing on speech act theory this article regards both as types of communication and teases out the inherent voice and message, specifically with regard to the interests of future generations. The argument unfolds in three steps. First, the article looks into speaker and speech of environmental law and argues that it speaks, as legislation does, in the first-person plural voice of a ‘we’. Second, the (...)
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