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Full-Text Articles in Law
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Timothy W Waters
This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …
Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt
Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt
Mireille Hildebrandt
Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the …
Sovereignty As Discourse, Robert Tsai
Sovereignty As Discourse, Robert Tsai
Robert L Tsai
This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.