Looking for Law in All the Wrong Places

The increasing use in the EU of soft law norms has created an extensive debate over the centrality of law as the principle instrument of European integration. Under a certain understanding of legality - one that sees the function of law as the provision of stable normative expectations - the development of methods like the OMC appears as an explicit threat. By another, the complex nature of the EU polity - and the functional tasks it must carry-out - places an impossibly high burden on any attempt by the EU to model its conception of legality this way. While this seemingly leaves the EU with a stark choice, the very features - the dispersion of normative authority between different national orders, and the need for rapid and iterative regulatory interventions - that have borne soft law also point towards the development of new conceptions of legality and its limits in a post-national setting. Soft law has both empirically challenged law's place in the integration project, and demanded a re-evaluation of its contemporary meaning.

There is no such thing as a short-term issue

Law and Regulation: The Role, Form and Choice of Legal Rules

In recent years, public celebrations have become an important site for scholars to examine nationalism, conflicts, identities, and memories.1 Anthropologists have long considered the importance of rituals, carnivals, and rites of passage in examining the values of community, nation, and people.2 In the last two decades, scholars in American studies, history, literature, cultural studies, ethnic studies, and performance studies have followed their counterparts in anthropology to study the meaning of public rituals and celebrations. Mitch Kachun s Festivals of Freedom: Memory and Meaning in African American Emancipation CelebrationSy 18081915 andLon Kurashige *s Japanese A merican Celebration and Conflict: A History of Ethnic Identity and Festival, 19341990 are groundbreaking new studies that analyze cultural productions to illuminate how minorities used the public space to contest and challenge American national culture and identity. These two volumes are the first booklength works on the history of African American emancipation celebrations and Nisei Week festivals, respectively. While Kachun turns critical attention to the national scale of freedom day celebrations, Kurashige provides a nuanced analysis of a local ethnic celebration in Los Angeles. Although each author pays attention to his particular historical subjects, the works have some similar trajectories. By using an interdisciplinary approach, each author effectively establishes the critical method of analyzing the complexity and contradictory meanings in public celebrations. Informed by ethnic studies, both authors deftly explore how nonwhite groups contested the public space to reconfigure their racialization and ethnicization by crafting a favorable public memory. Ceremonies served to ease racial tensions and to forge a group iden-

Professor Davis has generated renewed debate on the subject of “discretionary justice” by the recent publication of his book by that title. His thesis, basically, is that the subject is capable of study, and that we should devote more of our resources to the study and less to the traditional court- and rule-oriented approach that is so characteristic of the legal profession and of legal scholarship. He is surely right that the manner in which discretion is exercised—by the policeman deciding whether to arrest; by the prosecuting officials determining whether to prosecute—more frequently constitutes the relevant “law” of a given situation than the formal rules that we write down in statute books and in judicial opinions.

LAW IN DIGITAL REALITY

In 1965, Henry Manne convinced the Association of American Law Schools and the American Economic Association to establish an ad hoc joint committee to explore the possibilities of collaborative efforts between economists and legal scholars. This article examines the origins and activities of the joint committee and reveals that its work was far less about promoting increased interaction between economists and legal scholars than about a conscious attempt to use this committee to help fashion a particular form of law and economics that would reshape legal analysis in a way consistent with Manne's vision. Though the committee's effective life was very short and its direct influence negligible, the lessons learned informed Manne's subsequent efforts to institutionalize law and economics within the legal academy.

The text of the article is available in the PDF.

Rhetorical Democracy: How Communication Shapes Political Culture offers an explanation and diagnosis of the current state of American democracy rooted in the American pragmatist tradition. Robert Danisch analyzes the characteristics of communication systems and communication practices that inhibit or enhance democratic life. In doing so, this book provides a detailed explanation of the ways in which the communication systems and practices that constitute democratic life are currently fostering polarization and how they might be made to foster cooperation. Scholars of communication, rhetorical studies, political science, and media studies will find this book of particular interest.

essays in this volume are drawn from the tenth anniversary conference of the Center for the Study of Citizenship at Wayne State University, whose theme, The Meaning of Citizenship, provided an opportunity to reflect on a decade of study in the field. In an academic area where definitions are dynamic and multidisciplinary, editors Richard Marback and Marc W. Kruman have assembled fifteen contributors to show some of the rich nuances of membership in a political community. Meaning of Citizenship addresses four dimensions of citizenship: the differentiation of citizenship in theory and practice, the proper horizon of citizenship, the character of civic bonds, and the resolution of conflicting civic and personal obligations. Contributors answer these questions from varying disciplinary perspectives, including ethnography, history, and literary analysis. Essays also consider the relevance of these questions in a number of specific regions, from Africa to the Caribbean, Middle East, Europe, and the United States. By identifying the meaning of citizenship in terms of geographic specificity and historical trajectory, the essays in this volume argue as a whole for a cross-disciplinary approach to the issues of inclusion and exclusion that are generated through any assertion of what citizenship means. four primary concerns taken up by the contributors to this volume are as timely as they are timeless. Scholars of history, political science, sociology, and citizenship studies will appreciate this conversation about the full meaning of citizenship.

Authoritarian Populism and the Challenges for News Journalism: A Discourse Approach is a cutting‑edge study of the practices of news journalism against the background of surging authoritarian populism. This book traces key challenges for news journalism when reporting on authoritarian populism or on topics (such as immigration and terrorism) that are typically leveraged by far‑right actors and platforms as a way of attracting media attention and boosting their popularity with national electorates. It also offers in‑depth analyses of how these challenges are responded to by news journalists in the actual, day‑to‑day practices of news production, as evidenced in the discourse of news. By placing qualitative, critical analysis of discourse at the heart of the systematic inquiry into authoritarian populism in the news media, this book applies a broad methodological framework for studying (a) political performances and their mediated representations, (b) the complex and, often contradictory, normalizing processes at work in the news media, and (c) the attendant challenges and critical tasks for contemporary news journalism. Based on detailed analyses of political and news discourse in various European contexts, and in the US, spanning a decade (2014–2024), this book makes a timely and relevant contribution – as liberal democracies could be facing a new turning point in the global rise of authoritarian populism. This book will be of interest to students and scholars of journalism, media studies, political communication, political science, sociology, and discourse studies who are interested in authoritarian and far‑right populism, related discourses of nationalism and xenophobia, populist communication, and the role of news media and journalism. The Open Access version of this book, available at https://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Set against the backdrop of the occupations of Iraq and Afghanistan, the private militarised security industry has grown rapidly over the last decade. Its growth into a multi-billion dollar enterprise has attracted the interest of scholars in international relations, legal studies, political science, and security studies who have debated questions of regulation and accountability, alongside the state's control on the monopoly of violence. While these contributions are to be welcomed, the absence of critical sociological approaches to the industry and its predominantly male security contracting workforce has served to occlude the gendered and racialised face of the private security sphere. These dimensions are important since the industry has come increasingly to rely on masculine bodies from the global South in the form of so-called third country and local national men. The involvement of these men is constituted in and through the articulation of historical, neocolonial, neoliberal, and militarising processes. These processes represent the focus of the current article in respect of Fijian and Latin American security contractors. Their trajectories into the industry are considered in respect of both ‘push’ and ‘pull’ factors, the likes of which differ in marked ways for each group. Specifically, states and social groups in Fiji, Chile, and El Salvador are appropriating what is described in the article as an ethnic bargain as one way in which to make a contribution to the global security sector, or—in direct regard to the Latin American context—to banish its more dangerous legacies from the domestic space. In conclusion, it is argued that the use of these contractors by the industry represents a hitherto unacknowledged gendered and racialised instance of the contemporary imperial moment. La industria de seguridad privada militarizada ha crecido rápidamente durante la última década, dentro del marco de las ocupaciones de Iraq y Afganistán. Su crecimiento a una industria de varios billones de dólares, ha atraído el interés de los académicos en relaciones internacionales, estudios legales, de ciencia política y seguridad, quienes cuestionan la reglamentación y rendición de cuentas, junto al control estatal sobre el monopolio de la violencia. Mientras esas contribuciones deben ser bienvenidas, la ausencia de los enfoques críticos sociológicos a la industria y su fuerza de contratación de seguridad predominantemente masculina, ha servido a ocluir la cara de género y raza de la esfera de la seguridad privada. Estas dimensiones son importantes desde que la industria ha venido valiéndose cada vez más en cuerpos masculinos del sur global, en la forma denominada como tercer país y de hombres locales y nacionales. La participación de estos hombres se constituye dentro y a través de la articulación de procesos históricos, neocoloniales, neoliberales y de militarización. Estos procesos representan el enfoque del presente artículo con respecto a los contratistas de seguridad fiyianos y latinoamericanos. Sus trayectorias dentro de la industria se consideran con respecto a ambos factores de “incitación” y “disuasión”, de las que difieren de maneras marcadas para cada grupo. Concretamente, los estados y grupos sociales en Fiyi, Chile, y el Salvador se están apropiando de lo que se describe en el artículo como una ganga étnica, como una manera de hacer una contribución al sector de seguridad global, o—en sentido directo al contexto latinoamericano—expulsar a sus legados más peligrosos del espacio doméstico. En conclusión, se sostiene que el uso de esos contratistas por la industria, representan hasta la fecha, un caso de género y racial ignorado del momento imperial contemporáneo. 以对伊拉克和阿富汗的占领为背景，私人军事安全行业在过去十年发展迅速。这一行业涉及动辄数十亿美元的业务，吸引了国际关系、法律研究、政治学和安全研究学者的兴趣，他们就管理和问责、以及国家对暴力的垄断控制等问题展开了辩论。这些贡献应该受到欢迎，批判社会学路径的缺失以及该行业男性合同安全人员的主导地位已封闭了私人安全行业的性别化和种族化面目。这些维面是重要的，因为这一行业日益依赖以所谓第三国和本国当地人形式来自全球南方的男子。这些男子的卷入是经由历史、新殖民、新自由主义和军事化等多种过程实现的。这些过程代表了本文的中心，即聚焦斐济和拉美的安全合同人员。他们进入该行业的轨迹是从“推”和“拉”两方面来考虑的，同类人的不同群体判然有别。尤其是，在斐济、智利和萨尔瓦多，国家和社会集团擅用本文所描述的族群交易，作为对全球安全行业（或直接对拉美）做贡献的一种方式，消除来自国内的更危险的遗产。结论是，该行业使用这些合同人员代表了当代帝国主义时刻迄今未被说明的性别化和种族化事例。 이라크와 아프카니스탄 점령 배경과는 달리 사적인 용병산업이 지난 10년간 급속하게 성장하였다. 수조원 산업으로 성장한 용병산업은 국가의 폭력독점과 더불어 규제와 신뢰 문제를 다루어 온 국제관계, 법학, 정치학, 안보연구 분야에서 학자들의 관심을 끌었다. 이러한 기여가 환영할만한 것이지만, 사회학적 접근과 남성이 압도적으로 많은 안보계약 노동력에 대한 비판적인 사회학적 접근의 부재는 젠더화되고 인종적인 사적 보안 영역을 가리는데 기여했다. 점차 용병 산업은 소위 남반부 제3세계 국가에서 온 남성과 해당 국가의 남성에 의존해왔기 때문에 이러한 차원은 중요하다. 이러한 사람들의 관여는 역사적, 신식민지적, 신자유주의적 그리고 군사화 과정의 접합을 통해서 이루어진다. 피지와 아메리카의 치안계약자에 관한 본 논문은 이러한 과정에 초점을 맞춘다. 산업으로 커지는 궤적이 ‘밀고’ 그리고 ‘당기는’ 요인들과 관련하여 다루어질 것이고, 그러한 요인들은 각 집단마다 대단히 다르다. 특히, 피지, 칠레와 엘살바도르의 국가와 사회집단들은 남미와 직접 관련하여 국내에서 더 위험한 유산을 제거함으로써 지구적 안전에 기여하는 방식의 하나로 본 논문에서 인종적 협상으로 그려진 방식을 사용하고 있다. 결론적으로 용병산업에서 이러한 계약자들을 고용하는 것은 지금까지 인식되지 못한 현대 제국주의의 젠더화된 그리고 인종화된 요소를 보여준다.

Narratives of Storytelling Across Cultures demonstrates how meaning found within interpersonal communication is not universal across all cultures. Miscommunication can occur when the foundations of cultural meaning within stories, as told socially and within media, vary among different cultures. Positioned within the communication and media field, this book connects issues of societal tension and political battles to media portrayals, social communication events, and power dynamics that result when people with different meanings systems attempt to negotiate "truth" among their competing narratives. After establishing the theoretical foundation of the book, contributors provide specific case studies that demonstrate underlying cultural components and complexities that lead to these issues. Tony R. DeMars and Gabriel Tait have assembled contributors with research, experience, and understanding of intercultural communication challenges in different social groups, allowing the book to take on a broader scope of intercultural communication. Scholars of communication, conflict resolution, political science, sociology, and media studies will find this book particularly useful.

Since 2008, the European Union has been affected by one of the most severe crises in the history of Europe. This book builds on the work of Jurgen Habermas to answer the key question: is Europe strong enough to overcome the recent crisis? Arguing that recovery can only take place if the citizens of Europe regard themselves as members of a socially integrated European society, this volume sets out three conditions for successful European social integration: European citizens mutually respect each other as equals, accepting that all EU citizens should have equal economic, political and social rights. Those citizens objecting to the idea of European equality should not constitute a minority with potential for mobilisation that could impede the ongoing process of European social integration. Europeans act upon their equality beliefs in everyday practice – without differentiating between nationals and EU migrants. Based on a survey carried out in Germany, Spain, Poland and Turkey, the authors argue that the requirements for a socially integrated Europe are largely in place already. Their findings allow for optimism regarding the future of the EU, as the cultural foundations for a democratisation of Europe are laid. This volume develops a theoretical framework of a socially integrated European community, and will be useful for students and scholars of sociology, citizenship studies, social policy, political science and European studies.

Reviewed by: The Translated Jew: German Jewish Culture outside the Margins by Leslie Morris Todd Samuel Presner Leslie Morris. The Translated Jew: German Jewish Culture outside the Margins. Evanston, IL: Northwestern University Press, 2018. 248 pp. doi:10.1017/S0364009419001090 Bridging the fields of cultural studies, transnational literary and visual studies, translation studies, and urbanism, The Translated Jew is a theoretically rich and strikingly original contribution to Jewish studies. Situated outside the contours of conventional national literary and ethnic studies, Morris argues that "the Jewish" is always already translated in multiple cultural and historical contexts, which give rise to new mappings for the study of Jewish culture and identity. Placing translation at the center of her analysis, Morris undertakes a reassessment of German Jewish textuality by focusing on what she calls the "trans-Jewish." More than merely the act of "moving" from one language to another, the trans-Jewish is [End Page 218] about the continual accrual and dispersion of meaning that exceeds the referents "German" and "Jewish." In this sense, "trans" refers to translation, transnationality, and transformation—all processes that productively deterritorialize the object of study (the text, the work of art, the cultural artifact) as well as the very notion of Jewishness. As such, Morris problematizes the linkage between place and language—a connection that has been productively undone, she notes, by other scholars such as Werner Sollors and Marc Shell—to imagine modes of analysis that are unbound from assumptions that govern the study of national literatures. The theoretical framework of Morris's book is formed by a complex dialogue with a number of thinkers, including Hélène Cixous, Walter Benjamin, Jacques Derrida, Yosef Yerushalmi, Roland Barthes, and many others. Her aim is to open up new conceptual and imaginative spaces of inquiry between Jewish studies and German studies by exploring zones of contact, intertextuality, transnationality, and translation. "Jewishness," like "Germanness," is hardly a given or authentic object of inquiry, Morris argues, but is instead something that is formed through various acts of translation, transmission, and movement. Rather than simply arguing this idea, she performs it through the original interweaving and staging that make up the structure of the book's chapters. Much more than an astute bricolage, the book coheres around a remarkably rich and highly nuanced set of cultural analyses of German and Jewish textuality, in its broadest possible sense, during the postwar period. To wit, she not only analyzes works of literature and poetry (such as that of W. G. Sebald, Paul Celan, and Rose Ausländer) but also delves into the interplay between urban spaces (Berlin's Sculpture Park) and public art practices, digital art, memory politics, and multidirectional translation (such as the works of Alfred Kazin and Daniel Blaufuks). As a whole, the book reconceives of the status of the "Jewish" literary, visual, and urban text (itself an unstable signifier and object of analysis) in ways that are provocative for literary studies writ large. Placing the Jewish text outside of the predefined and predetermined strictures of national literature, Morris focuses on the "klezmerical" dimensions of the object, unbounded and translated into the broadest possible range of cultural contexts. As she demonstrates so cogently in her chapter on Berlin's Sculpture Park, for instance, the indeterminate translation and movement of cultural objects and signifiers give rise to generative paradigms of entanglement between "Jewish" and "German" and, thus, new ways of thinking about cultural memory, public art, digital media, and urban spaces. This is also the approach she pursues in her "tangential" analyses of literary and visual texts that variously confront the representation of the Holocaust, such as the works of W. G. Sebald, Raymond Federman, Kazin, and Blaufuks. As such, she opens up and dismantles the hyphen between "German-Jewish" in ways that interrogate the basic categories of author and identity in the post-Holocaust world. As Morris argues, that which is "German" is already "Jewish," and that which is "Jewish" is already "German." By showing that the overdetermined space between the very words and concepts "German" and "Jewish" represents a kind of third space of encounter, Morris looks to the ways that fields and objects of study are intimately interwoven, and...