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'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' - Scott Boorman, Professor, Yale University, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' - Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' - Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers. Contents: Preface 1. Introduction 2. What do Lawyers do? 3. Law as Engineering 4. Implications (1) - Professional Ethics 5. Implications (2) - Legal Research and Teaching 6. Conclusion Bibliography Index
The contributions to this book examine the two main asymmetries of the Euro Area as they have intensified during the second decade of Economic and Monetary Union (EMU): the first between monetary union (more supranational governance) versus ‘economic’ union (less centralised governance); the second between those Euro Area member states of the so-called ‘core’ and those of the ‘periphery’. EMU stands as one of the European Union’s (EU) flagship integration achievements. Set up in 1999, with the large majority of EU member states at the time, EMU was described as ‘asymmetrical’ even prior to its start. From the outset, it involved asymmetrical integration in monetary and ‘economic’ union. Although a major element of the blueprint that paved the way for the final stage of EMU, the concept of ‘economic’ union was insufficiently developed. The second decade of the single currency gave rise to a second asymmetry, namely one between those Euro Area member states of the ‘core’ and those of the ‘periphery’. The ten contributions to this volume speak to one or both of these asymmetries, covering the major political, political economy and policy dimensions of EMU and the ongoing debates about necessary policy and institutional reforms to overcome these asymmetries and bolster Euro Area stability. The outbreak of the Coronavirus (Covid-19) Crisis in 2020 created unprecedented socio-economic challenges for Euro Area member states, heightening the perceived urgency of reform. The chapters in this book were originally published as a special issue of the Journal of European Integration.
South Africa in Transition utilises new theoretical perspectives to describe and explain central dimensions of the democratic transition in South Africa during the late 1980s and early 1990s, covering changes in the politics of gender and education, the political discourses of the ANC, NP and the white right, constructions of identity in South Africa's black townships and rural areas, the role of political violence in the transition, and accounts of the democratization process itself.
Progress in European market integration over the past two decades has come at the expense of growing flexibility, or differentiation, in the laws that govern the Single Market (SM) as well as the way that these laws are implemented. This volume examines how the completion of the SM has been held back in the varied implementation of European Union competition policy, variation in national policies on services, corporate law, telecommunications, energy, taxation, and gambling, and the EU 's uneven transportation network. These sectors and issue-areas form the frontier at which the main political struggles over the future shape of the SM have taken place in the past decade. Broadly, progress in economic integration in the EU has been complicated by the need to reconcile perfections to the SM with the global competitiveness of European producers, and efficiency gains with ideational and normative concerns. In services, there is a clash between deregulation and social policy. Financial integration has had to reconcile different institutionalized views among the member states about the place of finance in the economy and society. The SM notion supposedly entails a concrete set of substantive policy commitments that form the basis of the ever closer union . However, increasing differentiation in the SM undermines the identification of the EU 's core constitutional commitments. This book was published as a special issue of the Journal of European Public Policy.
This book analyses the strategies used by public authorities to expand the UK aviation industry in relation to growing political opposition and the negative impact of flying on local communities and climate change. Its genealogical investigations show how governmental practices and technologies designed to depoliticise aviation and expand airports have generally failed to constitute an effective political will to counter community resistance and environmental protest. Criticising the dominant logics of UK airport expansion, the authors promote a radical rethinking of our attitudes to aviation in terms of sufficiency, degrowth and alternative hedonism, laying the ground for a more sustainable future.
The Social Science Wars have precipitated a renewed interest in the character, purpose and methods of social science. Positivists and naturalists are criticized by interpretivists and critical theorists, while quantitative researchers are challenged by those who favour qualitative and ethnographic techniques. In turn, mainstream social scientists have responded with a vigorous defence and restatement of their commitments. Logics of Critical Explanation in Social and Political Theory proposes a novel approach to practising social and political analysis based on the role of logics. The authors articulate a distinctive perspective on social science explanation that avoids the problems of scientism and subjectivism by steering a careful course between lawlike explanations and thick descriptions. Drawing upon hermeneutics, poststructuralism, psychoanalysis, and post-analytical philosophy, this new approach offers a particular set of logics -- social, political and fantasmatic -- with which to construct critical explanations of practices and regimes.While the first part of the book critically engages with lawlike, interpretivist and causal approaches to critical explanation, the second part elaborates an alternative grammar of concepts informed by an ontological stance rooted in poststructuralist theory. In developing this approach, a number of empirical cases are included to illustrate its basic concepts and logics, ranging from the apartheid regime in South Africa to recent changes in higher education. The book will be a valuable tool for scholars and researchers in a variety of related fields of study in the social sciences, especially the disciplines of political science and political theory, international relations, social theory, cultural studies, anthropology and philosophy.
'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' - Scott Boorman, Professor, Yale University, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' - Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' - Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers. Contents: Preface 1. Introduction 2. What do Lawyers do? 3. Law as Engineering 4. Implications (1) - Professional Ethics 5. Implications (2) - Legal Research and Teaching 6. Conclusion Bibliography Index
The contributions to this book examine the two main asymmetries of the Euro Area as they have intensified during the second decade of Economic and Monetary Union (EMU): the first between monetary union (more supranational governance) versus 'economic' union (less centralised governance); the second between those Euro Area member states of the so-called 'core' and those of the 'periphery'. EMU stands as one of the European Union's (EU) flagship integration achievements. Set up in 1999, with the large majority of EU member states at the time, EMU was described as 'asymmetrical' even prior to its start. From the outset, it involved asymmetrical integration in monetary and 'economic' union. Although a major element of the blueprint that paved the way for the final stage of EMU, the concept of 'economic' union was insufficiently developed. The second decade of the single currency gave rise to a second asymmetry, namely one between those Euro Area member states of the 'core' and those of the 'periphery'. The ten contributions to this volume speak to one or both of these asymmetries, covering the major political, political economy and policy dimensions of EMU and the ongoing debates about necessary policy and institutional reforms to overcome these asymmetries and bolster Euro Area stability. The outbreak of the Coronavirus (Covid-19) Crisis in 2020 created unprecedented socio-economic challenges for Euro Area member states, heightening the perceived urgency of reform. The chapters in this book were originally published as a special issue of the Journal of European Integration.
The massive expansion of global aviation, its insatiable demand for airport capacity and its growing contribution to carbon emissions make it a critical societal problem. Alongside traditional concerns about noise and air pollution, airport politics has been connected to the problems of climate change and peak oil. Yet it is still thought to be a driver of economic growth and connectivity in an increasingly mobile world. The politics of airport expansion in the United Kingdom provides the first in-depth analysis of the protest campaigns and policymaking practices that have marked British aviation since the construction of Heathrow Airport. Grounded in documentary analysis, interviews and policy texts, it constructs and employs poststructuralist policy analysis to chart rival groups and movements seeking to shape public policy. This book will appeal to people interested in the history of aviation and airports in Britain, local campaigns and environmental protests, and the politics of climate change. -- .
Europe's sovereign debt crisis and the accompanying national bank crises in the European Union brought bank regulation and supervision to the top of the EU policy agenda. In a few short years, we have witnessed a 'great leap forward' for European integration marked by over a dozen pieces of EU legislation shaping the operation of banks, rules on bank capital, reconfigured supervisory agencies, and Banking Union. The significance of these measures lies however, in the fact that they constitute the most dramatic transfer of policy-making powers to the European level since the start of Economic and Monetary Union in 1999. This volume addresses the three main political battles behind the adoption of these new regulatory and supervisory policies. First, it examines divisions among states, both according to their domestic institutional structures, including distinct financial systems, as well as their creditor or debtor status in the crisis. Second, it studies the battle over national versus supranational jurisdiction. Third, it explores the conflictual process of policy learning and the activation of epistemic communities who claim competence to address the crisis. This book was originally published as a special issue of the journal West European Politics.
This book considers the close but sometimes contested relationship between Britain and Iberia in the period c.1770-1870. It begins by considering how British Enlightenment writers came to terms with the decline of Spain as a political and economic force following the Seven Years War. It then considers the great debates in Britain about Catholic emancipation, franchise reform, how the British historically understood themselves, issues of intervention or non-intervention in Europe, the emergence of history writing as a popular form of reading, an academic discipline and an extension of national identity. The discovery of Spanish art and the emergence of a debate in Victorian architecture about the use of the vernacular and craft techniques are also discussed, and consequently the book makes a significant addition to our understanding of Victorian taste and aesthetics. Spain was therefore something of a mirror in which the British saw themselves both reflected and perhaps distorted, and so we learn as much about the British as about the Spanish. A broad cultural history which is multi-disciplined in its approach and appeal, it will become essential reading for senior level undergraduates and postgraduates in Hispanic Studies departments. -- .
Ernesto Laclau has blazed a unique trail in political theory and philosophy since the early 1970s. In so doing, he has articulated a range of philosophical and theoretical currents into a coherent alternative to mainstream models and practices of conducting social and political science. The editors have focused on work in three key areas: Post-Marxist Political Theory: Discourse, Hegemony, Signification Laclau has developed an original conception of post-Marxist political theory that is grounded on a materialist theory of discourse. The latter is constructed from a range of theoretical and philosophical sources, including poststructuralism, psychoanalysis, linguistic theory and post-analytical philosophy. The centerpiece of this approach is the category of hegemony, which develops Antonio Gramsci's seminal contribution to Marxist theory, and is in turn connected to a web of related concepts, including articulation, dislocation, the logics of equivalence and difference, political identification, myth and social imaginary. These ideas have informed a number of empirical and theoretical studies associated with the Essex School of Discourse Theory. Analyzing Populism A central concern of Laclau's writings has been the question of populism, both in Latin America where hebegan his interrogation of the phenomenon (especially the experience of Peronism), and then in his engagement with the "new social movements" and socialist strategy more generally. The concept of populism becomes a general way of exploring the "primacy of politics" in society. Critical Engagements Laclau is first and foremost an engaged intellectual who has consistently sought to theorize contemporary events and reality, and to debate with the leading intellectual figures of the day, with respect to questions of political principle and strategy. His recent debates with Judith Butler and Slavoj Zizek in Contingency, Hegemony, Universality: Contemporary Dialogues on the Left, published in 2011 (London: Verso), exemplify this critical ethos. He continues to elaborate his approach by challenging and articulating related approaches, and by situating his work in connection to the democratic Left.
With euro banknotes and coins starting to circulate as of January 2002, this timely book comes at a crucial juncture for the European Union. Exploring the origins of and progress toward the introduction of the euro, the contributors focus on the importance of economic and monetary union (EMU) as part of the larger process of European integration. Thus, chapters consider the value and limits of a range of theoretical approaches for understanding economic and monetary integration, the pros and cons of EMU's institutional design, and country-specific experiences. With an international group of leading scholars representing a range of disciplines, this book offers a broad perspective on the dynamics of EMU.
The Social Science Wars have precipitated a renewed interest in the character, purpose and methods of social science. Positivists and naturalists are criticized by interpretivists and critical theorists, while quantitative researchers are challenged by those who favour qualitative and ethnographic techniques. In turn, mainstream social scientists have responded with a vigorous defence and restatement of their commitments. Logics of Critical Explanation in Social and Political Theory proposes a novel approach to practising social and political analysis based on the role of logics. The authors articulate a distinctive perspective on social science explanation that avoids the problems of scientism and subjectivism by steering a careful course between lawlike explanations and thick descriptions. Drawing upon hermeneutics, poststructuralism, psychoanalysis, and post-analytical philosophy, this new approach offers a particular set of logics - social, political and fantasmatic - with which to construct critical explanations of practices and regimes. While the first part of the book critically engages with lawlike, interpretivist and causal approaches to critical explanation, the second part elaborates an alternative grammar of concepts informed by an ontological stance rooted in poststructuralist theory. In developing this approach, a number of empirical cases are included to illustrate its basic concepts and logics, ranging from the apartheid regime in South Africa to recent changes in higher education. The book will be a valuable tool for scholars and researchers in a variety of related fields of study in the social sciences, especially the disciplines of politicalscience and political theory, international relations, social theory, cultural studies, anthropology and philosophy.
A handbook covering most of the major features of French politics and society, this title should be of particular interest to undergraduates studying French, French politics and European studies. It provides coverage of political and social developments while at the same time placing them in a deeper historical, intellectual, cultural and social context making for insightful analysis. Individual chapters focus on chapters on the French political system, political movements, economy and welfare state and the country's foreign and European policies. Also included is a chapter on the French education system and youth that should be of particular interest to the title's target audience. These chapters are informed by an analysis of the country's political traditions, distinct forms of nationalism and citizenship, dynamic intellectual life and social trends.
Progress in European market integration over the past two decades has come at the expense of growing flexibility, or differentiation, in the laws that govern the Single Market (SM) as well as the way that these laws are implemented. This volume examines how the completion of the SM has been held back in the varied implementation of European Union competition policy, variation in national policies on services, corporate law, telecommunications, energy, taxation, and gambling, and the EU's uneven transportation network. These sectors and issue-areas form the frontier at which the main political struggles over the future shape of the SM have taken place in the past decade. Broadly, progress in economic integration in the EU has been complicated by the need to reconcile perfections to the SM with the global competitiveness of European producers, and efficiency gains with ideational and normative concerns. In services, there is a clash between deregulation and social policy. Financial integration has had to reconcile different institutionalized views among the member states about the place of finance in the economy and society. The SM notion supposedly entails a concrete set of substantive policy commitments that form the basis of the 'ever closer union'. However, increasing differentiation in the SM undermines the identification of the EU's core constitutional commitments. This book was published as a special issue of the Journal of European Public Policy.
How can recent developments in post-structuralist, post-Marxist and psychoanalytic theory actually inform ongoing empirical research? What are the appropriate methods and strategies for conducting research in discourse theory and analysis? How can concepts such as hegemony, identity, the imaginary, dislocation and empty signifiers illuminate key aspects of contemporary society and politics? This multi-focal work brings together commissioned contributions from the Essex School of Political Discourse Theory. Drawing inspiration from the works of Ernesto Laclau, Chantal Mouffe, Slavoj Zizek, Jacques Derrida, Michael Foucault and Jacques Lacan, the contributors address particular questions using a common theoretical language. The book contains a clear introductory statement of the theoretical approach used, and concludes with an assessment of the future directions of discourse theory in the social sciences. This global volume ranges geographically from Western and Eastern Europe to Latin America and South Africa, from Hong Kong to Turkey and the USA. Each chapter has been selected to address a key theme and issue in contemporary politics and to highlight central concepts and research strategies in the post-structuralist, post-Marxist and psychoanalytical traditions of thinking. David Howarth is Lecturer in Politics at the University of Essex and is currently Director of Masters Programme in Ideology and Discourse Analysis in the Department of Government, Aletta J. Norval is Senior Lecturer in Political Theory at the University of Essex and Director of the Doctoral Programme in Ideology and Discourse Analysis, Yannis Stavrakakis is lecturing on the Ideology and Discourse Analysis Programme in the Department of Government at the Univesity of Essex
This volume brings together some of the leading names in global aviation policy research to provide a unique and ground breaking synthesis of current debates on sustainable aviation. Unlike previous edited works, this volume is inter-disciplinary and international in nature, drawing on the work of social scientists, transport specialists, and policy experts working in the domains of academia, direct action, and regulation to inform understandings of the prospects for sustainable aviation. Uniquely, the title explores the context of the challenge and examines both scenarios and coalitions for change.
In 1943, a group of brave Danish and Norwegian hunters carried out one of the most dramatic operations of World War II. Using dogsleds to patrol a stark 500-mile stretch of the Greenland coast, their wartime mission was to guard against Nazi interlopers-an unlikely scenario given the cruel climate. But one day, a footprint was spotted on desolate Sabine Island, along with other obvious signs of the enemy. Not expecting to find the trouble they did, the three Sledge Patrol members escaped to the nearest hunting hut only to have the Germans pursue them on foot. In the dead of the Arctic night, the men escaped capture at the last instant and, without their coats or sled dogs, walked fifty-six miles to get back to base. While the Sledge Patrol had only hunting rifles, resilience, and their knowledge of outdoor survival, the Germans were armed with machine guns and grenades and greatly outnumbered them. David Howarth skillfully relates the tensely exciting true tale of how the men of the Sledge Patrol fought capture or death in desolation by outwitting and outlasting the enemy. This is a saga of human skill, faith, and endurance-and one of the most remarkable Allied victories ever recorded.
Ernesto Laclau has blazed a unique trail in political theory and philosophy since the early 1970s. In so doing, he has articulated a range of philosophical and theoretical currents into a coherent alternative to mainstream models and practices of conducting social and political science. The editors have focused on work in three key areas: Post-Marxist Political Theory: Discourse, Hegemony, Signification Laclau has developed an original conception of post-Marxist political theory that is grounded on a materialist theory of discourse. The latter is constructed from a range of theoretical and philosophical sources, including poststructuralism, psychoanalysis, linguistic theory and post-analytical philosophy. The centerpiece of this approach is the category of hegemony, which develops Antonio Gramsci's seminal contribution to Marxist theory, and is in turn connected to a web of related concepts, including articulation, dislocation, the logics of equivalence and difference, political identification, myth and social imaginary. These ideas have informed a number of empirical and theoretical studies associated with the Essex School of Discourse Theory. Analyzing Populism A central concern of Laclau's writings has been the question of populism, both in Latin America where hebegan his interrogation of the phenomenon (especially the experience of Peronism), and then in his engagement with the "new social movements" and socialist strategy more generally. The concept of populism becomes a general way of exploring the "primacy of politics" in society. Critical Engagements Laclau is first and foremost an engaged intellectual who has consistently sought to theorize contemporary events and reality, and to debate with the leading intellectual figures of the day, with respect to questions of political principle and strategy. His recent debates with Judith Butler and Slavoj Zizek in Contingency, Hegemony, Universality: Contemporary Dialogues on the Left, published in 2011 (London: Verso), exemplify this critical ethos. He continues to elaborate his approach by challenging and articulating related approaches, and by situating his work in connection to the democratic Left.
Europe's sovereign debt crisis and the accompanying national bank crises in the European Union brought bank regulation and supervision to the top of the EU policy agenda. In a few short years, we have witnessed a 'great leap forward' for European integration marked by over a dozen pieces of EU legislation shaping the operation of banks, rules on bank capital, reconfigured supervisory agencies, and Banking Union. The significance of these measures lies however, in the fact that they constitute the most dramatic transfer of policy-making powers to the European level since the start of Economic and Monetary Union in 1999. This volume addresses the three main political battles behind the adoption of these new regulatory and supervisory policies. First, it examines divisions among states, both according to their domestic institutional structures, including distinct financial systems, as well as their creditor or debtor status in the crisis. Second, it studies the battle over national versus supranational jurisdiction. Third, it explores the conflictual process of policy learning and the activation of epistemic communities who claim competence to address the crisis. This book was originally published as a special issue of the journal West European Politics.
The unlikely beginnings of the East India Company—from Tudor origins and rivalry with the superior Dutch—to laying the groundwork for future British expansion The East India Company was the largest commercial enterprise in British history, yet its roots in Tudor England are often overlooked. The Tudor revolution in commerce led ambitious merchants to search for new forms of investment, not least in risky overseas enterprises—and for these “adventurers” the most profitable bet of all would be on the Company. Through a host of stories and fascinating details, David Howarth brings to life the Company’s way of doing business—from the leaky ships and petty seafarers of its embattled early days to later sweeping commercial success. While the Company’s efforts met with disappointment in Japan, they sowed the seeds of success in India, setting the outline for what would later become the Raj. Drawing on an abundance of sources, Howarth shows how competition from European powers was vital to success—and considers whether the Company was truly “English” at all, or rather part of a Europe-wide movement.
The Difficult Construction of European Banking Union examines the political, legal and economic issues surrounding the lacunae and design faults of European Banking Union and its problematic operation. The volume brings together the work of sixteen scholars focused on the diverse debates surrounding the construction and operation of Banking Union (BU), and its necessary reform. BU represents one of the most important developments in European integration since the launch of Monetary Union. Furthermore, the design of the BU agreed between 2012 and 2014 was a messy compromise among EU member states. It is not surprising then that BU has sparked a lively academic debate and triggered an ever-growing number of publications from different disciplinary backgrounds. The first wave of academic work on BU focuses upon the economic rationale underpinning the supranationalisation of control over banking - regulation, supervision, support and resolution - and the political dynamics and legal issues that shaped the design of the Union agreed. This volume is located at the intersection of this first phase of academic research and a second stage which analyses the functioning of the different elements of BU. New research questions are triggered by the albeit limited empirical evidence on BU's implementation and operation. Contributions to this second wave of research attempt to identify potentially dangerous lacunae and contribute to on-going reform debates. The Difficult Construction of European Banking Union will be of great interest to scholars of the European Union, Banking, Economic Governance, and Political Economy. Most of the chapters were originally published as three special issues in the Journal of Economic Policy Reform.
South Africa in Transition utilises new theoretical perspectives to describe and explain central dimensions of the democratic transition in South Africa during the late 1980s and early 1990s, covering changes in the politics of gender and education, the political discourses of the ANC, NP and the white right, constructions of identity in South Africa's black townships and rural areas, the role of political violence in the transition, and accounts of the democratization process itself. |
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