A principal element of law is the unpredictable outcome of its proceedings. This unpredictability has fueled the hopes of many and the fears of equally as many. In recent years populists and other... Show moreA principal element of law is the unpredictable outcome of its proceedings. This unpredictability has fueled the hopes of many and the fears of equally as many. In recent years populists and other political mavericks have become highly capable at exploiting the element of chance in law, aiming not so much to prove guilt or maintain innocence, but rather to reconfigure the judiciary affectively as a game of winners and losers. Populists’ legal and luysory tactics make it urgent to reconsider the relation between the fields of law and the humanities. By paying more attention to the genres and media of play and game we can better assess the ways in which contemporary actors are playing with law and exploring the limits of the rules of the game. Here, the plurality that characterizes culturally and medially determined forms of legality, as Greta Olson calls it, has a counterpart in an equally culturally inspired and mediatized form of totalitarianism. In analyzing the populist play with law, my guide will be Johan Huizinga’s Homo Ludens, in which he considers law’s origin in play and chance. For Huizinga, play is serious, as is the law. The populist play with law is equally serious, since it may have serious consequences for the Rechtsgefühle of citizens. Show less
The determinants of whether or not an immigrant seeks to become a citizen are still largely invisible to scholars; as are the decisions made during the naturalization process by street-level... Show moreThe determinants of whether or not an immigrant seeks to become a citizen are still largely invisible to scholars; as are the decisions made during the naturalization process by street-level bureaucrats. Research on the acquisition of citizenship has incorporated a number of determinants of naturalization outcomes over the past decades, but lacks the contextualization of immigration law in its relation to criminal law. This systematic literature review of the 140 most-cited papers across the naturalization and crimmigration literatures seeks to construct a theoretical bridge between the disciplines in an effort to illuminate the blind spots challenging naturalization scholarship. I argue that the inclusion of crimmigration as a factor impacting naturalization is essential for scholarship in order to accurately use citizenship policies as an indicator of a state’s overall approach to immigration - particularly regarding residence requirements. The conceptual utilization of crimmigration in the context of citizenship acquisition offers new insights into the underexplored relationship between citizenship policy and the individual migrant, potentially uncovering some of the factors hindering immigrants’ ability to seek formal membership. Evidence within recent crimmigration scholarship points towards the role played by racialization within the functioning of a crimmigration system. This paper reviews the prominent streams of both strands of literature first utilizing a bibliometric analysis of the respective citation networks and second, diving into the substantial developments and parallels in naturalization and crimmigration research. Show less
This thesis is about the criminal law theory of international criminal law (ICL). More specifically, the thesis focuses on one area of inquiry within criminal law theory: the fundamental moral... Show moreThis thesis is about the criminal law theory of international criminal law (ICL). More specifically, the thesis focuses on one area of inquiry within criminal law theory: the fundamental moral constraining principles of criminal law (such as the culpability or legality principles).The main contribution of this thesis is to advance a method for identifying and clarifying the fundamental principles appropriate for ICL. I show that the most familiar sources of guidance are unreliable, and that efforts to find solid grounding are untenable. I propose a ‘coherentist’ method, which stipulates that we do not necessarily need a foundational ethical theory, or bedrock for beliefs. Instead, we can work productively at a middle level, using all of the available clues – including patterns of practice, normative arguments, and considered judgments. Currently prevailing understandings of the principles are contingent human constructs, but nonetheless we can make fruitful progress in applying and refining the best available constructs.The method is illustrated through an examination of command responsibility, an important but hotly contested doctrine. The inquiry shows problems in ICL jurisprudence and generates prescriptions for a law that responds fairly and effectively to a particular danger of human organization. Show less
For the European Union, the rule of law is a multifaceted notion of ‘primordial importance’. It is both a foundational value (Article 2 TEU) and a guiding principle for the Union’s external action... Show moreFor the European Union, the rule of law is a multifaceted notion of ‘primordial importance’. It is both a foundational value (Article 2 TEU) and a guiding principle for the Union’s external action in general (Article 21(1) TEU). The concept plays a central role within the EU and in its external policy. However, what is meant by the term ‘rule of law’ in the EU’s external policy? The thesis tackles the largely unexplored question of the EU’s conceptualisation of the rule of law in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong and often repeated, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the thesis attests to the significance of developing a more comprehensive approach to the rule of law in EU external relations. Show less
This dissertation is focused on the analysis of article 12(2)(a) of the Rome Statute of the International Criminal Court. It explores the possibility of application by the Court of subjective and... Show moreThis dissertation is focused on the analysis of article 12(2)(a) of the Rome Statute of the International Criminal Court. It explores the possibility of application by the Court of subjective and objective territoriality, as well as the effects doctrine and ubiquity. It also examines the jurisdiction of the Court under article 12(2)(a) in situations of military occupation. The thesis sets out to explore to what lengths may teleological interpretation expand the territorial jurisdiction of the International Criminal Court. In this context, questions such as the proper interpretation of non-intervention and the non-application of the principle of legality in questions of jurisdiction are also tackled. Show less
