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The essay introduces a special issue on Brexit. Instead of merely focusing on its legal implications, this issue undertakes an examination of the UK leaving the EU from a law-and-humanities perspective. The legal analysis is therefore complemented by a broader assessment of the social and cultural features of Brexit, also extending over the complexity of the present and the incertitude posed by its future. Brexit is also a matter of reimagination; constitutional and literary issues thus coalesce towards a transdisciplinary dialogue. To this extent, the collected essays engage with Brexlit, i.e. novels and essays, political pamphlets, and other writings prompted by Brexit. The aim is to explore the doubts, fears, and threats that still haunt the UK after leaving the EU, paying partic... |
Vulnerability is conceived of by the author as a heuristic notion, which works as a pillar for a general approach to some crucial challenges to human dignity. Both this heuristic notion and these challenges are regarded in the paper as hallmarks for the human rights paradigm. |
This article sets out a new conception of ‘property as an asset of resilience’. Building on Fineman’s emphasis on ‘webs’ of resilience, and applying insights from Actor-Network Theory and Resilient Property Theory, we examine how the rhetorical claims asserted by owners and non-owners, individually and collectively, and the ways that law recognizes and endorses those claims, affect the production of property-as-resilience. Applying Fineman’s framework, we argue that the ‘embodiment’ and ‘embeddedness’ of human vulnerability is revealed by the necessary and inevitable relationship we have with land, housing and place. Everyone—including homeless people—must ‘be’ somewhere (embodiment); however, it is our ability to access ‘assets of resilience’ through our social embeddedness in inst... |
The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation into English, by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed ... |
The purpose of the paper is to analyse the translation into English and Korean of the old Polish criminal law terminology used by Adam Mickiewicz in his renown poem entitled “Master Thaddeus, or the Last Foray in Lithuania: A Nobility’s Tale of the Years 1811–1812, in Twelve Books of Verse” Mickiewicz (Pan Tadeusz czyli ostatni zjazd na Litwie. Historia szlachecka z roku 1811 i 1812 we dwunastu księgach wierszem). The research methods used encompass the analysis of parallel texts of the poem. The authors first selected the fragments of the poem containing criminal law terminology. Next analysed two translations into English (Biggs in Master Thaddeus, or the last Forey in Lithuania—by Adam Mickiewicz, an Historical epic poem in XII books, translated from the original by Biggs, with a... |
One of the main issues in the debate on urban constitutionalism is how constitutions can recognize the increasingly important role of cities in relation to the nation-state. This paper examines what we talk about when we talk about city autonomy. This is a pressing question, particularly in the context of European unitary states. This paper pays special attention to the context of two of such states, namely the Netherlands and the United Kingdom (especially England). First, it explores the notion of subsidiarity, which implies that consideration should be given to the distinctiveness of the city as regards the allocation of power to the central and regional levels respectively. However, this idea in itself cannot justify the case for city autonomy, as the claim that the attribution ... |
Urban communities were established in the twelfth and thirteenth century with the aid of legal concepts that comprised early notions of the rule of law. Cities were envisaged as “communes”, which referred to popular sovereignty. In a first period, urban citizenship was flexible and closely related to place of residence. From around 1220 this model came under increasing pressure. In order to safeguard the interests of the most affluent citizens, large guilds were established. Status determined rights, and there were significant inequalities even among citizens. Ideas of democratic democracy and the civic virtues of citizenship were fostering reforms after 1250. Existing urban governments were expanded to include councils and burgomasters. A framework of checks and balances developed ... |
The 21st century may safely be called the ‘urban era’. The year 2007 marked the moment when for the first time in modern history, over 50% of the world’s population lived in urban areas. By the year 2050 almost 70% of humanity is projected to be urban, i.e., a human settlement with usually a high population density and an infrastructure of built environment. While the role of large cities, metropolitan areas and urban regions has been increasing, the political domain of the states, of which these cities or regions constitutionally form part, seems to be continuously shrinking. And although the rise of the urban is unlikely to lead to the disappearance of the sovereign-state model, the idea of states as having final authority is seriously challenged. |
Freedom of expression is a fundamental part of living in a free and open society and, above all, a basic need of every human being and a requirement to attain happiness. Its absence has relevant consequences, not only for individuals but also for the whole social community. This might explain why freedom of expression was, along with other freedoms (conscience and religion; thought, belief, opinion, including that of the press and other media of communication; peaceful assembly; and association), at the core of liberal constitutionalism, and constitutes, since the Second World War, an essential element of constitutional democracies. In a democracy, people should be allowed to express themselves to others freely. |
The article considers the various frictions and fissures in contemporary European politics. Contrary to its historical genesis, this politics often aims at division rather than community, a development epitomized by Brexit. The creation, reinforcement, and protection of borders seem to be a core aim of this policy, which can be observed in EU foreign policy in the narrower sense, but also in the central framing narratives that the EU pursues in the context of border politics and migration in order to fortify the ‘fortress Europe’, as does the UK with its Hostile Environment policy. Contrary to the supposed populist success of such policies, which were clearly demonstrated by the Brexit referendum vote, there is also widespread skepticism towards such disintegrating governance. |
