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Christoph Menke in dialogue
Series: Critical Powers
Editor:

This book focuses on the paradoxical character of law and specifically concerns the structural violence of law as the political imposition of normative order onto a "lawless" condition. The paradox of law which grounds and motivates Christoph Menke's intervention is that law is both the opposite of violence and, at the same time, a form of violence. The book develops its engagement with the paradox of law in two stages. The first shows why, and in what precise sense, the law is irreducibly characterized by structural violence. The second explores the possibility of law becoming self-reflectively aware of its own violence and, hence, of the form of a self-critique of law in view of its own violence. The Book's philosophical claims are developed through analyses of works of drama: two classical tragedies in the first part and two modern dramas in the second part. It attempts to illuminate the paradoxical nature of law by way of a philosophical interpretation of literature. There are at least two normative orders within the European ethical horizon that should be called "legal orders" even though they forego the use of coercion and are thus potentially nonviolent. These are international law and Jewish law. Understanding the relationship between law and violence is one of the most urgent challenges a postmodern critical legal theory faces today. Self-reflection, the philosophical concept that plays a key role in the essay, stands opposed to all forms of spontaneity.

Open Access (free)
Ian McEwan’s The Children Act and the limits of the legal practices in Menke’s ‘Law and violence’
Ben Morgan

reflected on, assessed, and regulated. The law is not the only set of behaviors involved, nor, in McEwan’s view, can it be thought to be qualitatively different from other forms of behavior. Rather, there is range of humane and reasonable behaviors of which the law is only one set of practices, and the law does not have a special protected status that neutralizes human fallibility or emotion. This view of the law differs from Menke’s. If we do not accord the law any special conceptual privileges, then the idea that subjectivity is “constituted by” the law makes little

in Law and violence
Open Access (free)
Paul Latawski
and
Martin A. Smith

resignation at the end of 1999 having, it was widely assumed, manoeuvred his preferred successor, Vladimir Putin, into pole position for the forthcoming presidential election. Putin wasted little time, early in 2000, in making clear his interest in not only continuing with the incremental restoration of links with NATO, but in moving them forward in qualitative terms. In February, Lord Robertson visited Moscow on the first high

in The Kosovo crisis and the evolution of post-Cold War European security
The analytical framework
Eşref Aksu

lesser extent, on their practice. As far as the former is concerned, we observe and critically evaluate actors’ normative statements before, during and after key decisions that connect the UN to the specified intra-state conflicts. Our methodology rests on a qualitative rather than quantitative evaluation of texts. As for the latter, our focus is on actors’ implementation and institutional ‘body language

in The United Nations, intra-state peacekeeping and normative change
Open Access (free)
Virtuousness, virtuality and virtuosity in NATO’s representation of the Kosovo campaign
Andreas Behnke

that it is deployed in an abstract, electronic and informational space, and in the sense that its primary mechanism is no longer the use of force. Virtual war is therefore not simply the image of imaginary representation of real war, but a qualitatively different kind of war.’ 8 Whatever real life ‘mudmoving’ took place in Iraq and in Serbia /Kosovo is only a part, and perhaps not the most important

in Mapping European security after Kosovo
Paul Latawski
and
Martin A. Smith

nature of international relations and the ways in which countries should conduct themselves. The Atlantic Charter marked out relations between the US and UK as being qualitatively distinct from those which they held with other countries – even allied ones. In this context it is instructive to note that the Soviet Union, which was in the early desperate stages of its defence against Nazi aggression in August 1941, was not a

in The Kosovo crisis and the evolution of post-Cold War European security