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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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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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| 4. |
- 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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Citizenship and Arbitrary Law-Making : On the Quaintness of Non-national Disenfranchisement
- 2016
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Ingår i: SMP - Società Mutamento Politica. - Florence : Firenze University Press. - 2038-3150. ; 7:13, s. 103-118
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Tidskriftsartikel (refereegranskat)abstract
- The paper explores forms of arbitrariness in relation to citizenship and migration policies. Non-national disenfranchisement follows from certain migration policies, and these may be cast as an arbitrary form of domination, that may undermine political legitimacy. Political exclusion is the vertex of a chain of other forms of exclusion: the denizenship of the politically powerless is particularly bothersome because liberal-democratic systems lack incentives to promote their rights. We have singled out the specificity and quaintness of the argumentative strategy employed to sustain non-national disenfranchisement. It differs from other argumentations in favour of disenfranchisement because it is not framed in derogatory terms and shifts the burden of proof from the state over to the individual.
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- Mindus, Patricia
(författare)
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Cultura angolsassone e cultura latina a confronto
- 2011
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Ingår i: Teoria Politica. - Barcelona : Editorial MARCIAL PONS. - 0394-1248. ; 1:1, s. 445-450
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Tidskriftsartikel (refereegranskat)abstract
- Resumen: In questo contributo, intendo segnalare i principali punti d’interesse del Congresso internazionale organizzato da Marcial Pons Editor, in collaborazione con l’Università Pompeu Fabra di Barcelona e l’Università di Girona, sul tema Neutralidad y teoría del derecho, che si è svolto a Girona, dal 19 al 23 maggio 2010. Gli interventi sono disponibili in video all’indirizzo: http://www.udg.edu/CulturaJuridica/ Noticies/Arxiudenoticies/tabid/12506/p/17055/language/es-ES/ Default.aspx e verranno presto pubblicati in un volume collettaneo per i tipi di Marcial Pons. I lavori sono stati preceduti, il 19 maggio 2010, dalla presentazione degli ultimi volumi della collana di filosofia del diritto di Marcial Pons, la casa editrice spagnola che ha sostenuto l’evento internazionale. Francisco Laporta (Università Autonoma, Madrid) ha commentato il volume di Ricardo Caracciolo, intitolato El Derecho desde la Filosofía. Ensayos (Madrid, CEPC, 2009). José Juan Moreso (Barcelona, Università Pompeu Fabra) ha presentato la raccolta di saggi di Bruno Celano sulla meta-etica, intitolata Derecho, justicia, razones. Ensayos 2000-2007 (Madrid, CEPC, 2009). La presentazione dei libri si è conclusa con il commento di Rafael Escudero al volume di Paolo Comanducci, Hacia una teoría analítica del derecho. Ensayos escogidos (Madrid, CEPC, 2010). Questi tre titoli danno un’idea delle collane in tema di teoria del diritto e della politica che vengono ospitate dall’editore.
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| 7. |
- 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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| 8. |
- Mindus, Patricia
(författare)
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Updating Democracy Studies : Outline of a Research Program
- 2012
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Ingår i: <em>Law, Technology and Society - Proceedings XXV World Congress of IVR </em> <em></em>. - Frankfurt am Main : Goethe University Press.
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Konferensbidrag (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 that warn cyber-optimism entails authoritarian technocracy has acted as a wake up call. This paper 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. My claim is that there is considerable scope to analyse how and why online politics fails or succeeds. The field needs both further empirical and theoretical work.
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| 9. |
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LEGITIMACY 2.0 : E-DEMOCRACY AND PUBLIC OPINION IN THE DIGITAL AGE
- 2012
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Proceedings (redaktörskap) (refereegranskat)abstract
- Digital democracy has been cutting the edge in fields connected to legal, political and social theory over the last two decades but cross- fertilization and transdisciplinary approaches are still scarce. The impact of ICTs on political and governance processes seem elusive to traditional theoretical settings and mainstream conceptualizations. This is a selection of peer-reviewed conference papers originally presented at the workshop Legitimacy 2.0: E-democracy and Public Opinion in the Digital Age, at the IVR World Congress held in Frankfurt, August 18th 2011. They are also being published in the Law, Technology and Society - Proceedings XXV World Congress of IVR Special Workshop on "Legitimacy 2.0: E-democracy and Public Opinion in the Digital Age", Paper series B, ed. by Ulfrid Neumann, Goethe University, Frankfurt am Main 2012. These papers offer different approaches to findings in the field, the purpose being to go beyond the polarization between the apologists that hold the web to overcome the one-to-many architecture of opinion-building in traditional democratic legitimacy, and the critics that warn cyberoptimism entails authoritarian technocracy.
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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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