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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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- 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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- 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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Seeing Like a Smuggler: Borders from Below
- 2022
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- The word smuggler often unleashes a simplified, negative image painted by the media and the authorities. Such state-centric perspectives hide many social, political and economic relations generated by smuggling. This book looks at the practice through the eyes of the smugglers, revealing how their work can be productive, subversive and deeply sociopolitical. By tracing the illegalised movement of people and goods across borders, Seeing Like a Smuggler shows smuggling as a contradiction within the nation-state system, and in a dialectical relation with the national order of things. It raises questions on how smuggling engages and unsettles the ethics, materialities, visualities, histories and the colonial power relations that form borders and bordering. Covering a wide spectrum of approaches from personal reflections and ethnographies to historical accounts, cultural analysis and visual essays, the book spans the globe from Colombia to Ethiopia, Singapore to Guatemala, Afghanistan to Zimbabwe, and from Kurdistan to Bangladesh, to show how people deal with global inequalities and the restrictions of poverty and immobility.
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- 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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- Mindus, Patricia
(författare)
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Introduction - Justice of Others: Arbitrary Law-making in Contemporary Migration Policy
- 2020
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Ingår i: Etikk i praksis. - NTNU : Norwegian University of Science and Technology (NTNU) Library. - 1890-3991 .- 1890-4009. ; 14:2, s. 1-7
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- Does the regulation of migration constitute a blatant case of arbitrary law-making? What is arbitrary law-making? And how does it manifest itself in contemporary migration policy? These are pressing issues that the scholars who come together in this special issue seek to engage with, by exploring international migration from the point of view of arbitrary power. When does legitimate state discretion slide into an exercise of arbitrary power? Since we cannot address what we do not understand, the urgency of the matter addressed in this special issue speaks for itself. Deciding who may enjoy the right of abode, the right to remain, the right to asylum and to citizenship is a key power of the state: it is a regal prerogative, an act of sovereignty, limited only by deliberately accepted commitments, such as the respect for human rights. This makes migration policy an exceptionally interesting ground to test the limits of discretion and the forms of arbitrariness. Power can be understood to be of a discretional nature if it acts freely within the boundaries defined by law, whereas arbitrariness qualifies discretional power exceeding the limits of law.
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| 9. |
- Mindus, Patricia
(författare)
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The Legacy of John Austin's Jurisprudence
- 2013
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Bok (refereegranskat)abstract
- This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy on the backdrop of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
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| 10. |
- Mindus, Patricia
(författare)
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Austin and Scandinavian Realism
- 2013
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Ingår i: The Legacy of John Austin's Jurisprudence. - : Springer-Verlag New York. ; , s. 73-106
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Bokkapitel (refereegranskat)abstract
- The imperative theory of law exemplified in the work of John Austin is the object of much criticism in the movement of Scandinavian legal realism (SLR). The very core notions of command, sovereignty and will are targeted. This paper explores the Scandinavian readings of Austin’s theory, chiefly by reconstructing the main arguments of Axel Hägerström’s criticism of the will-theory and Karl Olivecrona’s reading of the imperative character of law. Special attention is paid to the affinities between the various outlooks and to their core differences. On one hand, strong resemblances can be discovered in the common methodological afflatus and respect for Hume’s principle. On the other hand – apart from contrasting opinions on minor aspects (such as tacit consent grounding custom) – among the unbridgeable divergences mention should be made of the view on morals: Austin embraced a form of cognitivism, while the Scandinavians supported a strict form of non-cognitivism. In order to assess the originality of the Scandinavian attack on the imperative theory of law, the aim of the paper is to test to what extent it stimulated the seminal work on the question of law’s authoritative dimension in SLR.
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