Law and Outsiders
Norms, Processes and 'Othering' in the 21st Century
1st Edition
Published on 16. March 2011
Book
Paperback/Softback
304 pages
978-1-84113-984-5 (ISBN)
Description
Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of twenty-first-century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College London in June 2008.
Reviews / Votes
...explorations such as this, in the use of law as an instrument of governmentality to separate bodies, are important engagements not only for law students but also for all students and scholars of social research and politics. -- Jeffrey Stevenson Murer * In-Spire: Journal of Law, Politics and Societies, Volume 6, Issue 1 *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 16 mm
Weight
433 gr
ISBN-13
978-1-84113-984-5 (9781841139845)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
03/2011
1st Edition
Hart Publishing
€100.99
Available for download
Persons
Cian C Murphy is Lecturer in Law at King's College London.
Penny Green is Professor of Law and Criminology and Head of Research at the School of Law, King's College London.
Penny Green is Professor of Law and Criminology and Head of Research at the School of Law, King's College London.
Content
Contents
PART ONE
ADJUDICATION
1 Towards Proportionality as a Proportion Between Means and Ends
Martin Luteran
2 Blown Out of Proportion: The Case against Proportionality as an Independent Ground of Judicial Review
Paul Daly
3 Constitutional Judicial Review: The Eclectic Approach to Constitutional Interpretation
Nelson Dordelly-Rosales
PART TWO
EUROPEAN LAW AND POLITICS
4 The End of the Pillars? A Single EU Legal Order after Lisbon
Eulalia Sanfrutos Cano
5 Rule and Let Rule: Four Strategies to Overcome the 'Democratic Deficit' in the EU and their Implementation
in the Treaty of Lisbon
Matthias C Kettemann
6 Human Rights Protection in ECHR and EU Law: A Claim of Non-divergence
Marton Varju
PART THREE
MIGRATION
7 Directive 2003/109 on Long-term Residence for Third-country Nationals: Possible Future Interpretation by the European Court of Justice
Diego Acosta
x Contents
8 Coexistent yet Interdependent Spheres of Competence: The Interface between Immigration and the Internal Market
Stephen Coutts
9 Social Human Rights and Third-country Nationals in the EU: The Case of Social Dumping?
Egle Dagilyte
PART FOUR
MINORITIES, IDENTITY AND RIGHTS
10 What Have Women Got to Do with Peace? A Gender Analysis of the Laws of War and Peacemaking
Benedetta Faedi Duramy
11 Europe's Changing Approach Towards Blasphemy: The 'Right' not to be Offended, Sensitive Identities and Relativism
Dorota A Gozdecka
12 Particular or Universal? National Identity and Human Rights: A Legal Approach
Vincent Depaigne
PART FIVE
THE LIMITS OF LAW
13 Judgment and Solidarity: Toward a Phenomenology of Moral and Legal Judging in Arendt and Adorno
Craig Reeves
PART ONE
ADJUDICATION
1 Towards Proportionality as a Proportion Between Means and Ends
Martin Luteran
2 Blown Out of Proportion: The Case against Proportionality as an Independent Ground of Judicial Review
Paul Daly
3 Constitutional Judicial Review: The Eclectic Approach to Constitutional Interpretation
Nelson Dordelly-Rosales
PART TWO
EUROPEAN LAW AND POLITICS
4 The End of the Pillars? A Single EU Legal Order after Lisbon
Eulalia Sanfrutos Cano
5 Rule and Let Rule: Four Strategies to Overcome the 'Democratic Deficit' in the EU and their Implementation
in the Treaty of Lisbon
Matthias C Kettemann
6 Human Rights Protection in ECHR and EU Law: A Claim of Non-divergence
Marton Varju
PART THREE
MIGRATION
7 Directive 2003/109 on Long-term Residence for Third-country Nationals: Possible Future Interpretation by the European Court of Justice
Diego Acosta
x Contents
8 Coexistent yet Interdependent Spheres of Competence: The Interface between Immigration and the Internal Market
Stephen Coutts
9 Social Human Rights and Third-country Nationals in the EU: The Case of Social Dumping?
Egle Dagilyte
PART FOUR
MINORITIES, IDENTITY AND RIGHTS
10 What Have Women Got to Do with Peace? A Gender Analysis of the Laws of War and Peacemaking
Benedetta Faedi Duramy
11 Europe's Changing Approach Towards Blasphemy: The 'Right' not to be Offended, Sensitive Identities and Relativism
Dorota A Gozdecka
12 Particular or Universal? National Identity and Human Rights: A Legal Approach
Vincent Depaigne
PART FIVE
THE LIMITS OF LAW
13 Judgment and Solidarity: Toward a Phenomenology of Moral and Legal Judging in Arendt and Adorno
Craig Reeves