158 research outputs found
The Immediacy of Populism and the Unrest of Democracy:A Phenomenological Inquiry into the Public Sphere
No full textThis chapter sets out to inquire how one may conceptualize a democratic way of dealing with collective attachments in the public sphere. The argument unfolds in three steps. First, Corrias shows that populism and liberalism present conflicting conceptions of the public sphere. Populism insists that the people can actually coincide with their attachments. The public sphere is understood as a Heimat. Liberalism cleanses the public sphere of attachments and denies the need for roots. The public sphere is seen as a marketplace of ideas. Secondly, he argues that both of these conceptions build upon a flawed understanding of the relationship between a collective subject and its values or strong attachments. Contrary to both liberalism and populism, Corrias, thirdly, presents a view in which democracy’s subject is understood as decentred giving rise to a constitutive unrest. The public sphere is the place to deal with this unrest
Crimes Against Humanity, Dehumanization and Rehumanization: Reading the Case of Duch with Hannah Arendt
No full textThe concept of humanity takes up a prominent place in the discourse on international (criminal) law. It remains, however, unclear what exactly is meant by an invocation of humanity. In this article, I aim to contribute to an elucidation of this concept. For this purpose, I will first analyse how the concept of crimes against humanity and the related notions of dehumanization and rehumanization are employed in the case of Duch, the chairman of the infamous Cambodian S-21 prison which functioned under the Khmer Rouge. Second, I will put these findings in a philosophical context. Building on the work of Hannah Arendt, I will devise a conceptual framework to analyse crimes against humanity, dehumanization and rehumanization in order to tease out what is at issue in the concept of humanity in international (criminal) law
National Identity and European Integration: The Unbearable Lightness of Legal Tradition
Full text linkNational legal traditions have always played a pivotal role in the shaping of EU law. Nowadays, the respect for national legal traditions, or national constitutional identities is enshrined in Art. 4, para. 2, TEU, the so-called identity clause. Most commentators submit that national constitutional identity refers to certain aspects of the national constitutions which remain unaffected by EU law. This would make the identity clause an answer to the case law of several national constitutional courts. In this case law, constitutional courts have questioned the higher rank of EU law vis-à-vis national constitutions. Yet, this claim contradicts a key doctrine of EU law. According to well-established case law, the EU forms its own, autonomous legal order claiming authority independent of its Member States. In this paper, I will argue that the notion of legal tradition – notwithstanding its value in other respects – cannot be called upon to solve this fundamental question of authority
Imprescriptibility and the Legal Imagination of Inhumanity: Reflections on how the Law deals with ‘Evil’
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