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Tag Archives: law

Les liaisons dangereuses de l’État

Share the post "Les liaisons dangereuses de l’État" Review essay on Antoine Vauchez and Pierre France, The Neoliberal Republic: Corporate Lawyers, Statecraft, and the Making of Public-Private France (Cornell University Press, 2021) En 1976, dans un témoignage résumant bien l’état d’esprit de nombreux grands commis de la Libération, François Bloch-Lainé pouvait écrire : « j’ai choisi de servir un maître et un seul : l’État. Un maître dont les agents jouissent d’une...

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Patrick Weil, De la laïcité en France

Share the post "Patrick Weil, De la laïcité en France" La laïcité–the distinctive French approach to the separation of church and state–has been a matter of contentious debate for decades. That debate has become even more heated in the past year as the Macron government has taken steps to regulate the practice of Islam in France. It takes a brave scholar to wade into such a tumultuous controversy. Patrick Weil has the requisite courage. He also has practical experience...

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Open Society Realism

Share the post "Open Society Realism" Review of Robert Schuett, Hans Kelsen’s Political Realism (Edinburgh University Press, 2021) “Make no mistake, Hans Kelsen is my favourite political philosopher…In the theory and practice of international politics, I am a Kelsenian.” So announces Robert Schuett proudly at the opening of his new book on the famed but much misunderstood Austrian-American jurist. Kelsen, who lived through the twentieth century’s major upheavals in a...

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Open Society Realism

Share the post "Open Society Realism" Review of Robert Schuett, Hans Kelsen’s Political Realism (Edinburgh University Press, 2021) “Make no mistake, Hans Kelsen is my favourite political philosopher…In the theory and practice of international politics, I am a Kelsenian.” So announces Robert Schuett proudly at the opening of his new book on the famed but much misunderstood Austrian-American jurist. Kelsen, who lived through the twentieth century’s major upheavals in a...

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The “Restructuring” of Hong Kong and the Rise of Neostatism

Share the post "The “Restructuring” of Hong Kong and the Rise of Neostatism" For several years, observers have noted that many Chinese intellectuals who identified as “new left” critics of the PRC’s market reforms in the 1990s and 2000s have since then not only endorsed state capitalism, but also argued in favor of sovereignism and nationalism. Xu Jilin, a professor of intellectual history at East China Normal University in Shanghai, was one of the first to identify...

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Cross-post at the LPE Blog

Share the post "Cross-post at the LPE Blog" Just a brief announcement that in case you missed Bill Novak and Steve Sawyer’s manifesto for “Neodemocracy” here at Tocqueville 21, you can also read it on the excellent Law and Political Economy Blog. Much in line with Bill and Steve’s essay, LPE is devoted to reimagining law for a democratic, post-neoliberal (or rather, post-law-and-economics) future.

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Which courts are driving legal integration in Europe?

It has long been believed that judges at the lower echelons of the judiciary are the drivers of legal integration in Europe. Yet, drawing on a new study, Arthur Dyevre and Monika Glavina show that this is not what the data says. Analysing the entirety of preliminary references submitted by domestic courts from 1961 to 2017, they demonstrate that although first instance courts did pioneer the preliminary ruling procedure in the early years of European legal integration, they have been...

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A Tocquevillian Take on Moyn and Law Schools

Share the post "A Tocquevillian Take on Moyn and Law Schools" Last month, Samuel Moyn declared in The Chronicle of Higher Education that law schools might be bad for democracy. He seems to have struck a nerve. Moyn, a prominent human rights theorist and Professor of Law and History at Yale, contends that American law schools are carrying out an increasingly schizophrenic mission (check out the Tocqueville21 roundtable on Moyn’s latest book here). The obvious answer to...

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Forget the record fine: The real impact of the Commission’s Google decision will be its effect on competition law

On 27 June, the European Commission ruled that Google has been abusing its position by placing its own shopping comparison service at the top of search result pages. Carlos Arrebola highlights that although the record fine imposed on Google (2.42 billion euros) has dominated the media coverage of the case, the decision is far more important for its impact on competition law. Credit: Google and the Google logo are registered trademarks of Google Inc., used with permission. After years of...

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