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Full-Text Articles in Jurisprudence

Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …


Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo Dec 2014

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

This article aims to contribute to the history of biopolitical thought through a more accurate understanding of the Swedish professor of political science Rudolf Kjellén considered both in his historical and political context. Kjellén coined the term ‘biopolitics’, as early as 1905, in a two-volume work entitled The Great Powers, and developed it even further in a 1916 book entitled The State as a Form of Life. Because of the organicist analogies deployed by Kjellén, his biopolitical theory of the state is considered as a form of ‘vitalism’ or ‘organicism’ in the contemporary literature on biopolitics. Based on a close …


Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo Dec 2014

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

A distinctive feature of Carl Schmitt’s legal thinking is the pivotal role that he grants political community. Against the background of Schmitt’s particular conception of political community and the importance placed on its protection in a domestic law setting; this text highlights the imperative role of political community in Schmitt’s thinking on questions of international law. By consistently relating Schmitt’s work on international law to his own time but also stretching it into our own, the text argues that while Schmitt’s insistence on political community may come across as parochial in present times of globalization, increasing traction of various universalisms …


Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo Dec 2007

Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo

Markus Gunneflo

This article focuses on the justification of a positive and a negative attitude respectively towards judicial review in a democracy. The analysis is performed by analyzing texts by four American theorists theorists with different opinions on the subject: Robert Dahl, Jeremy Waldron, Erwin Chemerinsky and Ronald Dworkin. The study shows that there are significant disagreements concerning democratic values between those who take a positive and those who take a negative attitude to judicial review inter alia on the understanding of democracy in terms of process or substance, rule by the broad mass of the people or rule by an elite, …