The Public in Law: Representations of the Political in Legal Discourse PDF
Preview The Public in Law: Representations of the Political in Legal Discourse
The Public in Law Representations of the Political in Legal Discourse Edited by Claudio Michelon, Gregor Clunie, Christopher McCorkindale and Haris Psarras The Public in law The Edinburgh/Glasgow Law and Society Series Series Editors: Professor emilios a. christodoulidis and Dr Sharon cowan Titles in the Series The Many Constitutions of Europe Edited by Kaarlo Tuori and Suvi Sankari Law as Institutional Normative Order Edited by Maksymilian Del Mar and Zenon Bankowski Law and Agonistic Politics Edited by Andrew Schaap Public Law and Politics The Scope and Limits of Constitutionalism Edited by Emilios Christodoulidis and Stephen Tierney Transformations of Policing Edited by Alistair Henry and David J. Smith The Universal and the Particular in Legal Reasoning Edited by Zenon Bankowski and James MacLean Law and the Politics of Reconciliation Edited by Scott Veitch The Public in law Representations of the Political in legal Discourse Edited by clauDio Michelon University of Edinburgh, Scotland GReGoR clunie University of Glasgow, Scotland chRiSToPheR MccoRkinDale Glasgow Caledonian University, Scotland haRiS PSaRRaS University of Edinburgh, Scotland © claudio Michelon, Gregor clunie, christopher Mccorkindale and haris Psarras and the contributors 2012 all rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. claudio Michelon, Gregor clunie, christopher Mccorkindale and haris Psarras have asserted their rights under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by ashgate Publishing limited ashgate Publishing company wey court east Suite 420 union Road 101 cherry Street Farnham burlington Surrey, Gu9 7PT VT 05401-4405 england uSa www.ashgate.com British Library Cataloguing in Publication Data The public in law. – (edinburgh/Glasgow law and society series) 1. Sociological jurisprudence. i. Series ii. clunie, Gregor. 340.1’15–dc22 Library of Congress Cataloging-in-Publication Data The public in law / by claudio Michelon … [et al.]. p. cm. – (edinburgh/glasgow law and society series) includes bibliographical references and index. 1. law—Philosophy. i. Michelon, claudio. k235.P83 2011 340’.1—dc23 2011039327 iSbn: 9781409419099 (hbk) iSbn: 9781409419105 (ebk) IV For Lilian Moncrieff – for her inspiration and with best wishes for her young son, Herman Earnest This page has been left blank intentionally Contents List of Contributors ix Editors’ Introduction 1 1 On the Necessarily Public Character of Law 9 Neil Walker Part I ConstItuted PublICs 2 Rediscovering ‘The Public’: The Curious Case of Benjamin Constant 35 Christopher McCorkindale 3 Democracy, Political Parties and the Will of the People 53 Andrew Maloney 4 Between Contract and Constitution: International Organizations and the Protection of Global Public Interests 69 Richard Collins Part II unConstItuted PublICs 5 ‘Unconstituted Publics’? 89 Scott Veitch 6 A Dilemma for the Civil Disobedient: Pleading ‘Guilty’ or ‘Not Guilty’ in the Court Room? 99 Piero Moraro 7 Justifying Civil Disobedience With Reference to EU Public Consensus 115 Haris Psarras Part III exCluded PublICs 8 Excluded Publics – Included Privates: The Janus Headed Nature of the Liberal Public-Private Divide 133 Daniel Augenstein viii The Public in Law 9 The Prisoner’s Right to Vote: The Creation of an Abnormal and Excluded Public 147 Vanessa De Greef 10 Subjects to Citizens: ‘Native’ Enfranchisement in Reconstituting the Imperial Public of the British Empire, c. 1887–1914 161 Coel Kirkby Part IV PublIC/PrIVate 11 The Public/Private Dichotomy and the Unity of Capitalist (Re-)production 177 Gregor Clunie 12 The Public Nature of Private Law? 195 Claudio Michelon 13 Between the Public and the Private: Banking Law in 1830s England 205 Iain Frame 14 The Public-ness of Development in the World Trade Organization 219 Stephanie Switzer Part V emergIng PublICs: the role of the VICtIm In InternatIonal CrImInal JustICe 15 The Impact of the Distinction Between Situations and Cases on the Participation of Victims in the International Criminal Court 235 Ania Salinas and James Sloan 16 Addressing the Interests of Victims: Perspectives from the Office of the Prosecutor 263 Olivia Swaak-Goldman 17 Victim’s Access to the International Criminal Court: Much Remains to be Done 287 Gilbert Bitti and Leïla Bourguiba Index 303 List of Contributors Daniel Augenstein is Assistant Professor in Legal Philosophy at the University of Tilburg. Gilbert Bitti is Senior Legal Adviser to the Pre-Trial Division of the International Criminal Court. Leïla Bourguiba is Associate Legal Officer to the Pre-Trial Division of the International Criminal Court. Richard Collins is a Lecturer in Law at the University of Sheffield. Gregor Clunie is a PhD candidate and Tutor in Jurisprudence in the School of Law at the University of Glasgow. Vanessa De Greef is a PhD candidate in the Centre for Public Law at the Université Libre de Bruxelles. Iain Frame is a SJD candidate at Harvard Law School. Coel Kirkby is a PhD candidate in the Faculty of Law at the University of Cambridge. Andrew Maloney is a PhD candidate in the law school at the University of Dundee. Christopher McCorkindale is a Lecturer in Law at Glasgow Caledonian University. Claudio Michelon is a Senior Lecturer in Law at the University of Edinburgh. Piero Moraro is a PhD candidate in the department of Philosophy at the University of Stirling. Haris Psarras is a PhD candidate and Tutor in Jurisprudence in the School of Law at the University of Edinburgh. Ania Salinas is a PhD candidate in the School of Law at the University of Glasgow. James Sloan is a Lecturer in Law at the University of Glasgow.
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