10 January 2013

PUBLICATION: Lo Giudice on Democracy without Foundations

Presentazione de "La democrazia infondata" di Alessio Lo GiudiceAlessio Lo Giudice, a Juris Diversitas member, has recently published La democrazia infondata. Dal contratto sociale alla negoziazione degli interessi (Carocci, 2012):

The book considers present theories of institutions and political practices in light of the democratic principle and of the modern idea of a social contract. It underlines the risk that present democratic institutions are procedurally legitimate but theoretically unfounded because of the historical-conceptual path of modernity which has undermined the idea of a free and rational individual subject. It suggests that new forms of deliberative and participatory democracy or models of horizontal democratic governance could legitimate individual political acts, but are unlikely to manage the crisis of democracy as an institutional form.

JOURNAL: PoLAR - Symposium on Transparency

Current Issue

VOLUME 35, ISSUE 2

Editors’ Introduction
John Conley, Kathryn Henne, and Justin B. Richland

SYMPOSIUM ISSUE

Transparency in Triads
Andrea Ballestero S.

COMMENTARY

ARTICLES

09 January 2013

BOOK: Voigt et al on the Design of Constitutions


Elgar recently published Stefan Voigt (ed), Design of constitutions (2012):

Almost anywhere in the world, new constitutions are written and passed at almost any time. Over the last couple of years, an increasing number of economists have analysed constitutions based on an economic approach with an emphasis firstly on the (economic) effects of constitutions and followed by the factors determining their content. The contributions assembled in this volume go one step further: they ask how the knowledge gained over the last number of years can usefully be applied to constitutional design. This new branch could also be termed applied constitutional economics. Along with an original introduction, Professor Voigt has compiled a valuable research collection that will be of interest to scholars and practitioners in this growing field.

CALL FOR PAPERS - CONFERENCE: Mapping the Law of Irregular Migration


Call for Papers
Illegality Regimes:
Mapping the Law of Irregular Migration
A Conference at the VU University Amsterdam
30 May - 1 June 2013
Recent years have seen the development of increasingly sophisticated legal and policy approaches to address the phenomenon of irregular immigration. Many states have moved beyond traditional means of law enforcement, such as criminalization, without necessarily abandoning them. In addition, they have begun to employ other areas of law (such as administrative law and labor law) in pursuit of controlling irregular immigration.

For example, the verification of legal residence status, by means of ID-controls, has become increasingly necessary in the day to day life of all people: citizens and non-citizens alike. Private citizens, and not government agents, are evolving into the primary enforcers of these policies, as they have been made legally responsible for the control of legal residence status, for example in the case of employment.
These legal and policy instruments have sometimes been justified with reference to economic theories, such as 'attrition through enforcement', the broken window theory, and most recently 'self-deportation', a term that ironically originated in a stand-up sketch performed by two Hispanic comedians in the mid '90s, and has since then been promoted to a major policy proposal in the Romney campaign for the US presidential elections.
Among economic scholars, a debate about the (lack of) effectiveness of these policies has been growing the last couple of years. What is still absent, however, is a more rigorous analysis by legal and other social science scholars. This conference aims to explore the more systemic dimensions of these responses to irregular migration. For this purpose, scholars from all disciplines are invited to consider (any of) the following questions, or to respond with additional insights and approaches:

ARTICLES SOUGHT: Comparative Legal History (the European Society for Comparative Legal History Journal)

Articles are being sought for publication in Comparative Legal History (CLH), an international and comparative review of law and history. 

CLH is the official journal of the European Society for Comparative Legal History (ESCLH) and is published by Hart Publishing (UK). 

The journal is published, both online and in print, twice a year, appearing in the spring and the autumn. The first issue will appear in Spring 2013:

Articles will explore both 'internal' legal history (doctrinal and disciplinary developments in the law) and 'external' legal history (legal ideas and institutions in wider contexts). Rooted in the complexity of the various Western legal traditions worldwide, the journal will also investigate other laws and customs from around the globe. Comparisons may be either temporal or geographical and both legal and other law-like normative traditions will be considered. Scholarship on comparative and trans-national historiography, including trans-disciplinary approaches, is particularly welcome.

The Editors welcome scholarly submissions in the English language:

To submit an article please contact Articles Editor Heikki Pihlajamäki (heikki.pihlajamaki@helsinki.fi). The optimal length for articles is between 7500 to 15000 words, including footnotes. All articles are submitted to double blind peer review.

To propose a review, please contact Reviews Editor Agustin Parise (agustin.parise@maastrichtuniversity.nl). Book reviews will generally range from 1500 to 2500 words. Review articles will also be considered.

The Hart website also has information on the Editors (both the Editorial Staff and International Editorial Board), an Email alert service of the 'Table of Contents', and subscription information. 

Note that a special arrangement between the ESCLH and Hart has been made to ensure that ESCLH membership fees include a subscription to CLH.

Potential contributors should pay special attention to the ‘Notes for Contributors’ on the website. In particular, contributors whose first language is not English are strongly advised to have their papers edited by native Anglophone scholars in advance of their submission to ensure a clear presentation of their ideas and an accurate appraisal of their work.

Spread the word. 

08 January 2013

ARTICLE: Trubek on Law and Development

Trubek, David David M Trubek’s ‘Law and Development 50 Years On’ is available on SSRN. It’ll be included in the forthcoming International Encyclopedia of Social and Behavioral Sciences.

The abstract reads: 

Law and development refers both to organized efforts to transform legal systems in developing countries to foster economic, political and social development and to the academic projects stimulated by these efforts. Begun in the mid-20th century, law and development's dominant ideas and projects have changed over time as theories of development and agency priorities have changed. Law and development efforts accelerated in the 1990s as international financial institutions began to emphasize the rule of law. As the 21st century dawned, ideas and projects of the 20th Century were assessed and critiqued and new themes have emerged.

REMINDER: Pluri-Legal Discussion Group

Members might be interested in the excellent Pluri-Legal, an e-mail discussion group on JISC mail.

The group 'is devoted to issues regarding the legal accommodation of cultural, ethnic and religions minorities in Europe.'

It's often the site of informed and invigorating exchanges. 

You can join by going to: www.jiscmail.ac.uk/PLURI-LEGAL

JOURNAL - CALL FOR PAPERS: Post-Secularism: Between Public Reason and Political Theology

The European LegacyPost-Secularism: Between Public Reason and Political Theology
A Special Issue of THE EUROPEAN LEGACY
Guest Editors: Camil Ungureanu (Universitat Pompeu Fabra, Barcelona) and Lasse Thomassen (Queen Mary, University of London)

This special issue is scheduled for late 2014.
 
CALL FOR PAPERS:
 
In recent years, leading philosophers, including  Jürgen Habermas, Charles Taylor, and or John D. Caputo, have criticized "old-style" secularism and proposed instead  a post-secular model  for understanding the relation of religion and democracy, faith and reason. There are however profound theoretical and practical divergences in the post-secular models proposed. First, what are the precise characteristics of post-secularism as a philosophical alternative? In what sense could it be said to break with secularism? Second, what are the practical political and legal consequences of adhering  a post-secular approach? From a critical theoretical perspective, Habermas focuses on a revised concept of public reason and deliberation in promoting an active interaction of democracy and religion. From a hermeneutical perspective, Taylor’s recent work centres on the new "conditions of belief" and the dilemmas inherent to both religious and atheist experience. In contrast, Caputo and Richard Kearney develop a Derridean aporetic understanding of the nexus of democracy and religion, faith and reason, whereas Hent de Vries, William Connolly and Simon Critchley reject Habermas’s rationalist approach and propose a distinct understanding of post-secularism by focusing on Schmitt’s and Benjamin’s re-appropriation of the tenets of Saint Paul in their political-theological works. Although these trends have been studied to some extent, there has been no sustained attempt so far to subject them to a comparative analysis that would more fully address the issue of “post-secularism.”
 

REMINDER: Conference and Membership


Juris Diversitas Annual Conference

REMINDER - CALL FOR PAPERS
DEADLINE: 15 January 2013
(one week away)

3-4 June 2013, Lausanne, Switzerland 

Proposals should be submitted to sean.donlan@ul.ie. 

Don't forget that members receive discounts on conference fees (as well as other benefits); membership information is available here.

06 January 2013

CALL FOR PAPERS - WORKSHOP: Minorities in the Colonial and Postcolonial Middle East

Call for Papers International workshop

The fragments imagine the nation?
Minorities in the colonial and postcolonial Middle East

Place and date: The Graduate Institute International and Development Studies, Geneva, Switzerland, November 8–9, 2013.

Organizers: The International History Department at Graduate Institute International and Development Studies, Geneva, and the History Department at the University of Birmingham, UK.

Almost a century after the collapse of the Ottoman Empire, scholarship on minorities in the Middle East shows a remarkable continuity. Minority politics have traditionally been considered as a problem, indeed as one of the main reasons for the “unsuccessful” consolidation of the nation-state in the region; they now appear, to many, as an obstacle to broader processes of democratization and liberalization within the context of the so-called “Arab Spring”. As Egypt struggles to elaborate a new constitution that would pave the way for the integration of all segments of its society, Turkey, Syria, Jordan, and Lebanon have witnessed an awakening of ethnic and religious tensions since 2011. Other states such as Iraq seem to be stunned by sectarian conflicts. In the face of these huge challenges, the Middle East is once more portrayed as a region doomed to endless ethnic and religious turmoil and, more importantly, their elites as incapable of getting rid of this “fatality”. And yet perceptions like these assume that such turmoil is primordial: a cause, rather than a symptom, of troubled times. They also, perhaps deliberately, elide the role of any external actors in fostering division and conflict.