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EU Citizenship: Twenty Years On : Special Issue German Law Journal
- 2014
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- The Maastricht Treaty (the “Treaty”) first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union (CJEU) has been a driving force in this process. This twentieth anniversary has provided the occasio for this special issue. Indeed, much has happened over the last two decades. The Maastricht Treaty entered into force on the heels of German reunification, and afterwards, a series of EU treaties followed: The Amsterdam Treaty, the Nice Charter of Fundamental Rights, the aborted constitutionalization process and the Rome Treaty in 2004, and the Treaty of Lisbon. The Euro took over former national currencies in 2002; the enlargement process led to today’s twenty-eight Member States. But the ratio of this special issue is based on other events as linked to the 2008 financial crisis, bailouts, the fiscal compact, and similar measures. In a nutshell, the timeliness of this volume is linked to the current financial disarray. Since prognosis presupposes diagnosis, no further words are necessary as to the importance of this task. It is (almost) self-evident that before taking action and preparing for the future, one needs to address the very first question: Nosce te ipsum...
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- Munthe, Christian, 1962, et al.
(författare)
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The Best Interest of Children and the Basis of Family Policy: The Issue of Reproductive Caring Units
- 2012
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Ingår i: Cutas, D & Chan, S (eds.). Families: Beyond the Nuclear Ideal. - London and New York : Bloomsbury Academic. - 9781780930107
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Bokkapitel (refereegranskat)abstract
- The notion of the best interest of children figures prominently in family and reproductive policy discussions and there is a considerable body of empirical research attempting to connect the interests of children to how families and society interact. Most of this research regards the effects of societal responses to perceived problems in families, thus underlying policy on interventions such as adoption, foster care and temporary assumption of custodianship, but also support structures that help families cope with various challenges. However, reference to the best interest of children can also be applied to a more basic issue in family policy, namely that of what is to be considered a family in the first place. This issue does not raise any questions regarding the proper conditions for when society should intervene in or change the family context of a child. Rather, it is about what social configurations should be recognized as a potentially fitting context for children to enter into and (if all goes well) eventually develop into adulthood within /.../ such that society’s default institutional arrangements allow it to have (by sexual and artificial reproduction, adoption, and combinations of these), care for and/or guard children. [This] will frame any further discussion of /.../ policies having further implications for, for example, the practices of adoption and reproductive technology, as well as regulation of custody in the event of separation or parental disagreement.
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- Carroll, Joseph, et al.
(författare)
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A Cross-Disciplinary Survey of Beliefs about Human Nature, Culture, and Science
- 2017
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Ingår i: Evolutionary Studies in Imaginative Culture. - 2472-9884 .- 2472-9876. ; 1:1, s. 1-32
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Tidskriftsartikel (refereegranskat)abstract
- How far has the Darwinian revolution come? To what extent have evolutionary ideas penetrated into the social sciences and humanities? Are the “science wars” over? Or do whole blocs of disciplines face off over an unbridgeable epistemic gap? To answer questions like these, contributors to top journals in 22 disciplines were surveyed on their beliefs about human nature, culture, and science. More than 600 respondents completed the survey. Scoring patterns divided into two main sets of disciplines. Genetic influences were emphasized in the evolutionary social sciences, evolutionary humanities, psychology, empirical study of the arts, philosophy, economics, and political science. Environmental influences were emphasized in most of the humanities disciplines and in anthropology, sociology, education, and women’s or gender studies. Confidence in scientific explanation correlated positively with emphasizing genetic influences on behavior, and negatively with emphasizing environmental influences. Knowing the current actual landscape of belief should help scholars avoid sterile debates and ease the way toward fruitful collaborations with neighboring disciplines.
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- Mindus, Patricia
(författare)
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Realism Today: : On Dagan’s Quest Beyond Cynicism and Romanticism in Law
- 2015
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Ingår i: International Journal for the Semiotics of Law. - : Springer Science and Business Media LLC. - 0952-8059 .- 1572-8722. ; 28:2, s. 401-422
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Tidskriftsartikel (refereegranskat)abstract
- This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that the core difference between realism and positivism lies in the claim that law is affected by a strong form of indeterminacy, stemming from the plurality of legal sources, not from the open texture of legal language as expressed in rules; and we are also able to distinguish this form of realism from contemporary movements in legal theory, such as critical legal studies and law & economics. The normative dimension of realism is also addressed: This theory of law develops a specific concept of justice, on the ground of a cognitivist theory of value.
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- Parsa, Amin, 1985-, et al.
(författare)
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Legislative arts : interplays of art and law
- 2022
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Ingår i: Journal of Aesthetics & Culture. - Abingdon : Taylor & Francis. - 2000-4214. ; 14:1
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Tidskriftsartikel (refereegranskat)abstract
- The relation of law and art is conventionally understood through a disciplinary divide that presents art as an instrument of legal practice and scholarship or, alternatively, presents law as potential context for artistic engagement. Moving beyond disciplinary definitions, in this article we explore how art and law, as modes of ordering and action in the world, often overlap in their respective desires to engage existing material orders. Whereas law's claim of producing order appears self-evident, we try to highlight, through a concept of legislative arts, the often-overlooked similar function of artistic practices. At the heart of what we refer to as legislative arts are practices that aim to challenge law's claim of authority in ordering social life through tactical combinations of elements of art and law. In examining a set of examples that include the Tamms Year Ten campaign to close a super-max prison in the United States, the work of Forensic Architecture and practices of passport forgery, we aim to highlight the possibility of manifesting social orders beyond an exclusive reliance upon state laws. Pointing to the potentials of such legislative arts practices, this article suggests that the material ordering quality of artistic and legal practices can, and perhaps should, be weaponized for challenging and remaking the world of unjust state laws.
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| 9. |
- Mindus, Patricia
(författare)
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What Does E- add to Democracy? : Designing an Agenda for Democracy Theory In the Information Age
- 2014
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Ingår i: Transforming Politics and Policy in the Digital Age. - Hershey, PA : IGI Global. - 9781466660380 - 1466660384 - 9781466660397 ; , s. 200-223
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Bokkapitel (refereegranskat)abstract
- Technologies carry politics since they embed values. It is therefore surprising that mainstream political and legal theory have taken the issue so lightly. Compared to what has been going on over the past few decades in the other branches of practical thought, namely ethics, economics, and the law, political theory lags behind. Yet the current emphasis on Internet politics that polarizes the apologists holding the Web to overcome the one-to-many architecture of opinion building in traditional representative democracy, and the critics who warn that cyber-optimism entails authoritarian technocracy has acted as a wake up call. This chapter sets the problem, “What is it about ICTs, as opposed to previous technical devices, that impact on politics and determine uncertainty about democratic matters?,” into the broad context of practical philosophy by offering a conceptual map of clusters of micro-problems and concrete examples relating to “e-democracy.” The point is to highlight when and why the hyphen of e-democracy has a conjunctive or a disjunctive function in respect to stocktaking from past experiences and settled democratic theories. The chapter's claim is that there is considerable scope to analyse how and why online politics fail or succeed. The field needs both further empirical and theoretical work.
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| 10. |
- Mindus, Patricia
(författare)
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Anatomia del cittadino : Tre modi di intendere la cittadinanza e alcuni problemi indesiderati
- 2009
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Ingår i: Analisi & Diritto. - Barcelona : Editorial MARCIAL PONS. - 1126-5779. ; 1, s. 73-97
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Tidskriftsartikel (refereegranskat)abstract
- This essay aims to distinguish analytically the meanings of “citizenship” in the contemporary debate. According to the semantic area of reference, citizenship stands for a political status referring to the individual’s position within the polity; a legal status referring to the overall position of a subject characterized by a determinate sphere of capacities; a social status indicating the ascribed or achieved position of a person within the social stratification in the group. After distinguishing the three semantic areas and specifying the methodology used, focus switches to the structure, genesis and internal composition of the semantic areas. These are subsequently summed up in a scheme that accounts for the basic problem that a given semantic area attempts to respond to. The purpose is to explain, on the basis of practical examples, why the distinction is important and why there is so much confusion in the current debate. In the last section, I suggest another distinction, inspired by Aristotle’s third book of Politics according to which we should distinguish between what the citizen is and who a citizen is. The stake of the issue is to inquire on the plausibility of assuming that a person has to enjoy a determinate attribute or capacity in order to have the right or the legal obligation implied by the status of citizenship.
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