Showing papers in "Constellations in 2005"
TL;DR: For many years, feminists throughout the world looked to the United States for the most advanced theory and practice as mentioned in this paper. But today, however, US feminism finds itself at an impasse, stymied by the hostile, post-9/11 political climate.
Abstract: For many years, feminists throughout the world looked to the United States for the most advanced theory and practice. Today, however, US feminism finds itself at an impasse, stymied by the hostile, post-9/11 political climate. Unsure how to pursue gender justice under current condition’s, we are now returning the favor, by looking to feminists elsewhere for inspiration and guidance. Today, accordingly, the cutting edge of gender struggle has shifted away from the United States, to transnational spaces, such as „Europe“, where the room for maneuver is greater. The consequence is a major shift in the geography of feminist energies.
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TL;DR: The normative constitution came into being in 1776 on what was then the periphery of the western world, in North America, and 13 years later, in 1789, it reached Europe.
Abstract: The normative constitution came into being in 1776 on what was then the periphery of the western world, in North America. Thirteen years later, in 1789, it reached Europe. Unlike in France, in America the revolution was not preceded by state-building in the continental sense. Denationalization means that ruling authority is detached from the state and transferred to non-state bearers. International courts relativize the constitution to the extent that they do not stay within the traditional framework of international law and may only administer justice if parties submit themselves to judgment in a concrete case in advance. An important question is whether the constitution can be transferred to the international level. A constitutionalization of the EU was ascertained early on, and in the meantime a constitutionalization of international organizations like the WTO and the UN has been perceived as well. The need for juridification develops where political rule is exercised.Keywords: American revolution; constitutionalized EU; denationalization; international court; juridification; normative constitution; political rule; state-building
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TL;DR: The treatment of prisoners at Guantanamo has attracted much attention in the last few years as mentioned in this paper, with their status changing from internees to prisoners of war or preventive detainees according to the justification needed at the moment and the criticism one seeks to dismiss.
Abstract: Along with new freedoms, globalization has brought new insecurities. The scope of economic freedom is becoming larger; modern technologies further expand the possibilities of communication and, with them, another aspect of freedom. Along with criminal law, police law serves as a further building block of the security architecture that includes intelligence actions as well as military operations. The dissolution of legal limits becomes manifest in the treatment of prisoners at Guantanamo. Their status is completely unclear, the designation changing from internees to prisoners of war or preventive detainees according to the justification needed at the moment and the criticism one seeks to dismiss. Michael Ignatieff, however, warns against assuming that the majority that supports or accepts restrictions on basic civil rights are simply stupid or forgetful. Liberalism's understanding of freedom evolved out of this contention with and against the state.
TL;DR: The authors integrates the phenomenon of comparative constitutionalism within the larger disaggregation of sovereignty as presented in Anne-Marie Slaughter's book, A New World Order, and shows how the advent of comparative and global constitutionalism fits within the confines of traditional comparative law.
Abstract: This paper integrates the phenomenon of comparative constitutionalism within the larger disaggregation of sovereignty as presented in Anne-Marie Slaughter's book, A New World Order. It shows how the advent of comparative - and global - constitutionalism - fits within the confines of traditional comparative law. The paper also includes a discussion of judicial networks are both similar and dissimilar to other networks that Slaughter analyzes in her book. The paper shows why normative considerations must supplement sociological analysis of legal phenomena.
TL;DR: In this paper, the authors employ risk theory to examine key social processes that have been unfolding in the West Bank and Gaza Strip since the outbreak of the second Intifada, and argue that the system of securities in the Occupied Territories has collapsed and that endemic uncertainty currently informs Palestinian society.
Abstract: In this paper we employ risk theory to examine key social processes that have been unfolding in the West Bank and Gaza Strip since the outbreak of the second Intifada. Using the Palestinian health services as a case study, we argue that the system of securities in the Occupied Territories has collapsed and that endemic uncertainty currently informs Palestinian society. This, in turn, has led to a radical transformation of the very rationality of risk society, which is being supplanted by a different rationality more susceptible to the Hamas. We accordingly claim that risk theory helps explain Hamas's ascendancy. Simultaneously, we argue that the destruction of Palestinian risk society actually exposes a social process that has been neglected in the risk literature. While risk scholars emphasize the impossibility of calculating certain risks due to global processes, our case study suggests that an increasing number of local processes are also making it impossible to calculate risks. Whereas global processes are more or less indiscriminate regarding the populations they affect, we maintain that local processes that produce uncertainty are created and used to "target" particular populations. Whereas historically their has been an intentional attempt to make risk calculable in order to advance political objectives, our case study suggests that currently risks are intentionally being rendered incalculable in order to advance new objectives, not least of which are the restriction of political action and the dramatic curtailment of the public domain.