scholarly journals In the Force Field of the Law: On Affect and Connectivity in the Casework of Forensic Architecture

2017 ◽  
Vol 18 (2) ◽  
pp. 423-440
Author(s):  
Christine Hentschel ◽  
Susanne Krasmann
Keyword(s):  
Force Field ◽  
Legal Regulation ◽  
The Political ◽  
Legal Regulations ◽  
The European Union ◽  
Political Aesthetics ◽  
Border Policy ◽  
The Law ◽  
The One ◽  
Critical Writings

Law needs a force; without its force, it would be nothing. This article proposes a conceptualization of the force of law as affective by examining the political aesthetics of “Forensic Architecture,” a project based at Goldsmiths, University of London. The novelty of Forensic Architecture's analytical approach arises, on the one hand, from its use of technologies of power that are otherwise employed by states and their military forces—thus reversing the direction of the surveillant gaze towards a disobedient practice of seeing and sensing. On the other hand, the notion of a “force field” operates as a particular critique of European border policy. The force of law appears to merge into, and at the same time emerge out of, a complex arrangement of technological devices, legal regulations, and human actions. This essay re-traces the political aesthetics of the “left-to-die-boat” case, where a boat filled with migrants was left without any assistance despite the legal regulation that obliges obliging seafarers to rescue anyone in distress in the Mediterranean Sea. Forensic Architecture's case-work unsettles human-centered “norms of representation” typically used in critical writings on the European Union (EU) border regime; instead, the law is demonstrated to be enfolded within an affective force field that operates with “touch” and “connectivity” and that allows us to see and sense the law in a newly pluralistic manner.

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

Eastern Orthodoxy and Europe

2021 ◽  
pp. 479-496
Author(s):  
Effie Fokas
Keyword(s):  
The Political ◽  
Historical Period ◽  
The European Union ◽  
Temporal Perspective ◽  
Eastern Orthodoxy ◽  
The Balkans ◽  
Political Reality ◽  
The One ◽  
The Impact ◽  
The Relationship

This chapter considers the relationship between ‘Orthodoxies’ and ‘Europes’, highlighting the multiplicity of Eastern Christian Orthodox approaches and attitudes towards Europe, from one majority Orthodox national context to another and one historical period to another, ranging from anti-Europeanism (and anti-Westernism) to Europhilism. It also draws attention to differences in Orthodox stances on the idea of Europe, on the one hand, and the political reality of the European unification project, on the other. A temporal perspective is particularly relevant in changing attitudes to the European Union. Special attention is paid to external perspectives on the relationship between ‘Orthodoxy’ and ‘Europe’, often politicized and influenced by the political turmoil in the Balkans. The chapter closes with reference to the situation of flux characterizing contemporary conceptions of Europe, and the impact of the latter on ‘Orthodoxy’ in relation to ‘Europe’.

LIMITS OF JUDICIAL DISCRETION IN ASSESSING THE LEGAL BEHAVIOR AND LEGAL EFFECTIVENESS

2021 ◽  
Vol 10 (6) ◽  
pp. 84-100
Author(s):  
N.V. ZAYTSEVA
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
Legal Regulation ◽  
Current Level ◽  
Judicial Discretion ◽  
Social Phenomenon ◽  
Formal Approach ◽  
The Will ◽  
The Law ◽  
The One

The article is devoted to the study of the concept of legal effectiveness in the context of the goals and purpose of law in general and separately in the private law relations. Since the law is a complex social phenomenon, the author paid special attention to the issues of refraction of normative tasks through the prism of judicial discretion. Law enforcement practice, on the one hand, shows the viability of a particular norm and its compliance with the current level of development of civil society, however, it can also distort the spirit of the law, which will not allow achieving the necessary legal result. Judicial discretion regarding the interpretation of certain legal elements and in assessing the behavior of participants in legal relations can lead to the transformation of legal relations, which does not allow to realize the goals set by the subjects. It is noted that the regulation of the limits of judicial discretion would help to ensure effective legal regulation. Assessing the behavior of participants due to the lack of mechanisms for proving the actual intentions of the parties is difficult for most countries of the continental legal system; therefore, a formal approach prevails and qualifies the will of the parties recorded exclusively in writing.

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

Israel and the European Union

2019 ◽  
Author(s):  
Sharon Pardo
Keyword(s):  
European Union ◽  
Middle East ◽  
The Other ◽  
The Political ◽  
The European Union ◽  
Trade Relations ◽  
History Of ◽  
The One ◽  
Integration Project ◽  
The Eu

Israeli-European Union (EU) relations have consisted of a number of conflicting trends that have resulted in the emergence of a highly problematic and volatile relationship: one characterized by a strong and ever-increasing network of economic, cultural, and personal ties, yet marked, at the political level, by disappointment, bitterness, and anger. On the one hand, Israel has displayed a genuine desire to strengthen its ties with the EU and to be included as part of the European integration project. On the other hand, Israelis are deeply suspicious of the Union’s policies and are untrusting of the Union’s intentions toward the Israeli-Palestinian conflict and to the Middle East as a whole. As a result, Israel has been determined to minimize the EU’s role in the Middle East peace process (MEPP), and to deny it any direct involvement in the negotiations with the Palestinians. The article summarizes some key developments in Israeli-European Community (EC)/EU relations since 1957: the Israeli (re)turn to Europe in the late 1950s; EC-Israeli economic and trade relations; the 1980 Venice Declaration and the EC/EU involvement in the MEPP; EU-Israeli relations in a regional/Mediterranean context; the question of Israeli settlements’ products entering free of duty to the European Common Market; EU-Israeli relations in the age of the European Neighbourhood Policy (ENP); the failed attempt to upgrade EU-Israeli relations between the years 2007 and 2014; and the Union’s prohibition on EU funding to Israeli entities beyond the 1967 borders. By discussing the history of this uneasy relationship, the article further offers insights into how the EU is actually judged as a global-normative actor by Israelis.

Heraclitus on Law (Fr.114 DK)

Rhizomata ◽  
2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Malcolm Schofield
Keyword(s):  
The Political ◽  
Human Intelligence ◽  
Powerful Source ◽  
Political Sphere ◽  
Important Resource ◽  
The Law ◽  
The One

AbstractNo Heraclitean fragment that bears on the political sphere compares with Fr.114 in length or theoretical ambition. Its basic preoccupation as often is with human intelligence and the need for better understanding. But its claim about the resources available to understanding is developed by means of an analogy with the city’s reliance on law and thereby on the ‘one divine’. And this is the dimension of the fragment that has most engaged scholars. It is generally supposed that a main lesson taught by the analogy is that, important resource though its law is for a city, ‘what is common’ provides understanding with a much stronger resource. This paper argues that that interpretation is misconceived: there could be no more powerful source of support than the ‘one divine’. Heraclitus’ point is rather that humans need to muster more strength to get the support available to understanding than citizens have to exercise in accessing that available in the law.

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals Digital accountability for LEAs: balancing technical possibility, legal permissibility and societal acceptability

2020 ◽  
Author(s):  
◽  
Fraser Sampson
Keyword(s):  
Legal Regulation ◽  
Rapid Expansion ◽  
Law Enforcement Agencies ◽  
Public Expectation ◽  
Qualitative Knowledge ◽  
Technical Possibility ◽  
The Law ◽  
Important Extension ◽  
The One ◽  
Political Economic

The expansive proliferation of social media, electronic devices and data processing capabilities has presented Law Enforcement Agencies (LEA) with a dilemma. On the one hand there is a need for/opportunity to expand capability, adapting practices and policies to capitalise on what is now technically possible (not only in the application of data technology but also in the context of what can be achieved within the technical conventions of the law), utilising citizens’ data and actively encouraging their collation and sharing as part of everyday community policing. On the other, the development in data technology has been accompanied by a rapid expansion in public expectation and a need for greater legal regulation, all combining to bring an important extension of police accountability. The focus of the research is thus how can LEAs balance that which is technically possible against what is legally permissible and societally acceptable? Moving from the known to the needed, the published work draws upon and addresses the size and shape of the dilemma, identifying gaps and supplying “evidence-informed management knowledge” (Tranfield et al 2003) at both an individual and organisational level. Providing a themed and coherent new praxis for LEAs the work identifies how LEAs must balance the availability of data with the rapidly increasing public expectations of privacy, security, confidentiality and accountability, collecting and connecting the qualitative knowledge and practice that resides in distributed places and people, in order to establish a previously unrecognised body of work that focuses on both opportunities and obligations, in order to promote an understanding of the ‘law in context’ and ultimately increase police effectiveness. The direction of the work follows a series of influences and confluences, tributaries and deltas of change flowing towards the same unequivocal destination: an original contribution to “knowledge about the traditional elements of the law and also about the quickly changing societal, political, economic and technological … aspects of relevance.” (Langbroek 2017).

scholarly journals Corporate Governance in EU Agencies: The Europol Case

2021 ◽  
Vol 1 (4) ◽  
pp. 33-44
Author(s):  
Eugenio Orlandi
Keyword(s):  
European Union ◽  
Board Of Directors ◽  
The Political ◽  
The European Union ◽  
International Convention ◽  
Intergovernmental Cooperation ◽  
Council Decision ◽  
The Board Of Directors ◽  
Research Questions ◽  
The One

There is a trend in government to establish semi-autonomous public organizations, “Agencies”, to carry out public tasks, implement policies, regulate markets and policy sectorsor deliver public services. Once an Agency is established, it is necessary to ensure proper governance. Object of this paper is to answer three Research Questions. RQ1: “Is EU Agencies governance subject to change over time”? If the answeris “Yes”, a second question (RQ2) pops up: ‘Why EU Agencies’ governance is subject to change?” Last but not least, change has to be implemented. The topic is developed in relation to the choice made by the European Union,the one-size-fits-all modelthat makes the work of controllers simple. Are we sure that such a model“is the best choice for EU Agencies’ governance?” (RQ3). If RQ1 is self-evident, more interesting are RQ2 and RQ3 because explain the nature of change (Why) and How change was introduced. In this quest, the tasks assigned to the Board of Directors and the Executive Directorare mapped against Agencies’ mission. In the case of the European Police Office, in eight years three founding acts-an international Convention, a Council decision and a Regulation - have changed the tasks of the Board of Directors and of the Executive Directorin line with the evolution of the political scenari: from intergovernmental cooperation to a policy assigned by the Lisbon Treatyto the European Union.

scholarly journals “Bodies can be compelled; minds must be turned, since they cannot be compelled”: Preaching as an “Introduction” to Law in the Ecclesiastes of Erasmus of Rotterdam

2021 ◽  
pp. 7-19
Author(s):  
Dawid Nowakowski
Keyword(s):  
Human Life ◽  
The Political ◽  
Short Discussion ◽  
Political Dimension ◽  
Law Of Nature ◽  
Xvith Century ◽  
The People ◽  
The Law ◽  
Theory Of Law ◽  
The One

The recent studies on the relations between humanism or humanists and jurisprudence convince that Reneaissance, especially in XVIth century, when the national states began to raise, belonged to the periods of increased interest in the issue of law. Although Erasmus was not a layer, nor he introduced in any of his works a complete theory of law, he maintained close relations with many leading theoreticians of the law and jurists (Alciati, Budé, Cantiuncula, Zasius) and sometimes spoke in the legal discussions of his age. Among hist most important works concerning the matter of law were: Institutio principis Christiani, Ratio seu Methodus verae theologiae, Christiani matrimonii institutio, De interdicto esu carnium and Ecclesiastes. In the paper I’m going to concentrate on this latter work, in which Erasmus discusses the significance of preaching, preacher and widely understood Christian rhetoric. In the Ecclesiastes Erasmus touches the law subject with the special emphasis on historical character of law and relations between the divine law, the law of Christ and the law of Nature. After a short discussion about his understaning of law I will concentrate on the essential differentiation between the letter of law and the spirit of law, and I will point at proposed by Erasmus ways of introduction of law into human life. Erasmus, on the one hand, escaped a rigidity and abstraction of law and, on the other, he neutralised an aspect of the coercion of law. In his solution Erasmus appreciated the political dimension of preaching and acknowledged preacher as a more important guide of the people, than ruler. I’m going to interpret the Erasmian concept of preaching as an rhetorical mean of introduction of law in analogical way to “introduction” proposed by Plato in his Nomoi.

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