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Journal articles on the topic 'Jurisgenerative'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

KUO, MING-SUNG. "Politics and constitutional jurisgenesis: A cautionary note on political constitutionalism." Global Constitutionalism 7, no. 1 (March 2018): 75–111. http://dx.doi.org/10.1017/s2045381718000047.

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Abstract:This article aims to provide an alternative account of political constitutionalism by situating it in a broader process of constitutional politics than the traditional court vs parliament debate has suggested. Drawing upon Robert Cover’s distinction between the jurispathic and the jurisgenerative constitution, I argue that parliamentary decision-making is not necessarily more congenial to a jurisgenerative constitutional order than judicial review as political constitutionalists contend. I trace the jurispathic character of current scholarship on political constitutionalism to the presupposition of institutional sovereignty in a narrow understanding of constitutional politics, which its defenders share in common with the supporters of judicial supremacy. To move towards a robust version of non-court-centred jurisgenerative constitutionalism, which I call constitutional jurisgenesis, we need to rethink the place of politics in a constitutional order. From Cover’s idea of constitutionalnomosI take two further lessons for this new understanding of constitutional politics. First, constitutional theory should reconsider the role of institutional sovereignty in the relationship between law and politics in constitutional orders. Second, to engage the people in constitutional politics, we need to shift attention from the popular sovereignty-centred debate to constitutional narratives, which are oriented towardsnomos-building.
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2

Paiement, Phillip. "Jurisgenerative role of auditors in transnational labor governance." Regulation & Governance 13, no. 2 (May 24, 2018): 280–98. http://dx.doi.org/10.1111/rego.12196.

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3

Berman. "Jurisgenerative Constitutionalism: Procedural Principles for Managing Global Legal Pluralism." Indiana Journal of Global Legal Studies 20, no. 2 (2013): 665. http://dx.doi.org/10.2979/indjglolegstu.20.2.665.

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4

Oomen, Barbara. "Decoupling and Teaming up: The Rise and Proliferation of Transnational Municipal Networks in the Field of Migration." International Migration Review 54, no. 3 (November 4, 2019): 913–39. http://dx.doi.org/10.1177/0197918319881118.

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Cities claim an ever-larger role in migration governance, often by means of progressive policies that “decouple” the local from the national. The literature on this “local turn” has generally failed to recognize how this decoupling increasingly takes place within the context of Transnational Municipal Networks (TMNs). On the basis of a database of the 20 most important TMNs in refugee and migrant welcome and integration in Europe and additional empirical research, this article identifies and analyzes their main characteristics, composition, and activities in a multiscalar context, thus contributing to a better understanding of migration governance. It argues that these networks, by means of a wide variety of activities, serve a practical but also a symbolic and jurisgenerative purpose. These implicit and explicit objectives of city networking also account for the proliferation of TMNs witnessed across Europe since 2015. In “teaming up,” European cities not only share practical experiences but also develop narratives about migration that counter national, more restrictive discourses and contribute to the global legal framework, as was the case with the Global Compact on Refugees and Migrants. It is this practical, symbolic, and jurisgenerative role of TMNs, in times of increasingly restrictive national policies, that makes these networks key actors in contesting but also improving global migration governance.
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Wahlström, Ninni. "Understanding the Universal Right to Education as Jurisgenerative Politics and Democratic Iterations." European Educational Research Journal 8, no. 4 (January 2009): 520–33. http://dx.doi.org/10.2304/eerj.2009.8.4.520.

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6

Medina, José. "The other within: Agency and resistance under conditions of exclusion." Philosophy & Social Criticism 46, no. 1 (December 3, 2019): 18–24. http://dx.doi.org/10.1177/0191453719886097.

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This essay puts in conversation some of Seyla Benhabib’s insights about exiled, stateless and migrant populations with ongoing discussions in critical race theory about the racial exclusions of indigenous populations and populations of colour not only in the foundations of Western modern states but also in their contemporary functioning today. The essay locates these exclusions not only in the failures of states but also in their proper functioning, that is, in their very design and constitutive structures, focusing for this purpose on what is described as constitutive exclusions. The essay argues that the relationship between legal agency and social and political agency needs further articulation within Benhabib’s jurisgenerative politics in order to properly address constitutive exclusions.
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7

Adelman, Sam. "A legal paradigm shift towards climate justice in the Anthropocene." Oñati Socio-Legal Series 11, no. 1 (February 4, 2020): 44–68. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1177.

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Business as usual is widely acknowledged as the main driver of ecological collapse and climate breakdown, but less attention is paid to the role of law as usual as an impediment to climate justice. This article analyses how domestic and international environmental law facilitate injustices against living entities and nature. It calls for a paradigm shift in legal theory, practice and teaching to reflect the scale and urgency of the unfolding ecological catastrophe. Section 2 outlines the links between climatic harms and climate injustices. This is followed by discussions of unsustainable law and economic development in sections 3 and 4. Section 5 examines the potential contribution of new materialist legal theory in bringing about a legal paradigm shift that reflects the jurisgenerative role of nature in promoting climate justice.
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8

Garcia, Edgar. "Pictography, Law, and Earth: Gerald Vizenor, John Borrows, and Louise Erdrich." PMLA/Publications of the Modern Language Association of America 134, no. 2 (March 2019): 260–79. http://dx.doi.org/10.1632/pmla.2019.134.2.260.

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This essay examines Anishinaabe pictography in contemporary legal contexts, challenging the notion that the law must necessarily inhere in alphabetic isomorphism, let alone in the colonialist inscriptive norms of the nation. Explaining how pictography elicits a loosened relation between sign and signified, this essay develops a semiotic theory of nonisomorphy to analyze uses of pictography in the work of several Anishinaabe scholars and writers: in John Borrows's advocacy of “jurisgenerative multiperspectivalism,” in Gerald Vizenor's conception of social irony and ironic constitutionalism, and in Louise Erdrich's figuration of ecological literacy and reciprocity. Focusing in particular on the trope of metonymy in pictographic writing, this essay elucidates the perspectival shifts and contextual metamorphoses of metonymy in the native poetics of the Americas, forming and transforming historical experience while offering colonial situations ample room to trip themselves up on their own contradictions.
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9

Raengo, Alessandra. "Black Study @ GSU." liquid blackness 5, no. 1 (April 1, 2021): 5–25. http://dx.doi.org/10.1215/26923874-8932555.

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AbstractTasked with the mandate to “set the record straight” about the beginning of the liquid blackness research group and journal and to explicate the theoretical and conceptual parameters of the idea of black liquidity, this introduction negotiates the irreconcilable tension between keeping record and record keeping as a way to maintain the anaoriginarity of black study as an ensemblic and jurisgenerative practice. To do so, it draws inspiration from one of its objects of study, Larry Clark's 1977 cult film Passing Through, and specifically from the way the film's formal structure and historical existence as a withdrawing object mirror the elusiveness of the album that the musicians it depicts were never able to record. This introduction is divided into “tracks” to reproduce the same withdrawing effect, trigger a similar ensemblic gathering, and in the process, honor the object-oriented and immanent methodology developed by the liquid blackness project.
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10

Patberg, Markus. "Destituent power in the European Union: On the limits of a negativistic logic of constitutional politics." Journal of International Political Theory 15, no. 1 (November 1, 2018): 82–99. http://dx.doi.org/10.1177/1755088218806916.

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Since the euro crisis, protest movements present the European Union as a neoliberal hegemony that undermines democracy and prevents progressive reforms. They call for acts of resistance and partial disintegration to force a renegotiation of the treaties. In this article, I ask whether these ‘disruptive’ political strategies can be defended as a democratic practice of constitutional politics. To that end, I turn to the notion of destituent power, according to which opposition to or withdrawal from public authority can function as a legitimate trigger for constitutional change. I systematise the emerging debate on destituent power and discuss the plausibility of competing approaches. I argue that destituent power is best understood as grounded in popular sovereignty. It denotes the right to dismantle constitutional orders without the intention to construct new ones. While this idea supports some of the acts of contestation proposed by European protest movements, it faces a lure towards the jurisgenerative dimension of constituent power. Ultimately, the potential of a purely negativistic logic of constitutional politics is limited.
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11

KUO, MING-SUNG. "Resolving the Question of Inter-Scalar Legitimacy into Law? A Hard Look at Proportionality Balancing in Global Governance." Leiden Journal of International Law 31, no. 4 (September 20, 2018): 793–815. http://dx.doi.org/10.1017/s0922156518000390.

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AbstractIn this article, I examine the attempt to apply proportionality balancing (PB) to the co-ordination of the relations between governance regimes, which I call ‘inter-scalar PB’, from the perspective of competing institutional arrangements of global governance. Observing inter-scalar PB becoming a legal technique of management, I argue that it be reconceived as a narrative framework within which the fundamental values and principles of individual governance regimes can be politically contested without antagonism. I first discuss the role PB has played in the interaction between the law of state immunity and international investment law and then take a closer look at the features of inter-scalar PB as intimated in those instances: simplism, normativism, institutionalism and legalism. I suggest that the complex fundamental issues concerning the relationship between governance regimes are left out in the proportionality analysis-mediated resolution of regime-induced conflicts, disclosing the depoliticization tendency in inter-scalar PB. Juxtaposing it with the indicator project in international human rights advocacy, I conclude that both are jurispathic and reflect the rationalist propensity in the legal administration of global governance. PB, reconceived as a language in which values, conflicts, and interests of each governance regime can be argued and narrated as part of the politics of reconstructing global governance, will help to recast global governance in more jurisgenerative terms.
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12

LEANDER, ANNA. "What do codes of conduct do? Hybrid constitutionalization and militarization in military markets." Global Constitutionalism 1, no. 1 (March 2012): 91–119. http://dx.doi.org/10.1017/s2045381711000074.

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AbstractThis article contributes to the debate over the whether or not the mainstreaming of Corporate Social Responsibility/Codes of Conduct should be welcomed. It suggests that to grapple with this question requires an engagement with the multiple and necessarily situated performativities (or jursigenerativities) of these codes. The article illustrates the argument through an analysis of two jurisgenerative processes (linked to regulation and to politics) triggered by Codes of Conduct in commercial military markets. It shows that the codes are creating both a hybrid regulatory (or constitutional) network that makes it possible to hold firms accountable and a militarization of politics. It does so by showing that the codes create first-, second- and third-order rules but also processes of misrecognition through distraction, distinction and diffusion that empower military professionals. It draws on a study of three cases involving ArmorGroup, a forerunner and advocate of regulation in military markets. This argument makes sense of the disagreements surrounding the virtues of global constitutionalism by highlighting the tensions that become apparent once it is acknowledged that Codes of Conduct are not only performative but are so in multiple ways. It can provide no easy way to dissolve the specific dilemma this multiple jurisgenerativity poses in the context of military markets specifically. But logically flowing from the argument is a suggestion that encouraging and empowering a broader, non-military/security professional involvement in the debate over the regulation of commercial military markets would be the appropriate way of handling it.
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13

PERJU, VLAD. "Proportionality and freedom—An essay on method in constitutional law." Global Constitutionalism 1, no. 2 (June 6, 2012): 334–67. http://dx.doi.org/10.1017/s2045381712000044.

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AbstractThis article presents a functional explanation of why proportionality has become one of the most successful legal transplants in contemporary constitutional law. It argues that proportionality helps judges mitigate what Robert Cover called the ‘inherent difficulty presented by the violence of the state’s law acting upon the free interpretative process’. More than alternative methods, proportionality calibrates the violence that the justification of state coercion inflicts on private (non-official) jurisgenerative interpretative processes in constitutional cases. The first three sections show, through an analysis of different constitutional styles which I label Doric, Ionic and Corinthian, how proportionality seeks to place a non-deontological conception of rights within a categorical structure of formal legal analysis. This method aims to synthesize fidelity to form and institutional structure (thesis) with ‘fact-sensitivity’ to contexts in which specific controversies arise (antithesis). Proportionality positions judges vis-à-vis the parties and the parties in relation to one another differently from other constitutional methods. The next sections distinguish between constitutional perception and reality. While the normative appeal of proportionality can be traced to the perception of its integrative aims, in reality, judicial technique does not entirely live up to those aims. Proportionality succumbs to pressures from the centrifugal forces of universalism and particularism that it seeks to integrate. The final section draws on the works of Kant and Arendt and discusses the implications of an approach to constitutional method such as that reflected in the advent of proportionality for the project of constitutionalism more generally.
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14

Drumbl, Mark A. "Transnational Terrorist Financing: Criminal and Civil Perspectives." German Law Journal 9, no. 7 (July 1, 2008): 933–44. http://dx.doi.org/10.1017/s2071832200000201.

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This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both lex lata and lex ferenda regarding the proscription of terrorism generally.
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15

Titi, Catharine. "The Arbitrator as a Lawmaker: Jurisgenerative Processes in Investment Arbitration." Journal of World Investment & Trade, 2013, 829–51. http://dx.doi.org/10.1163/22129000-01405003.

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With the exponential growth of international adjudication fora and of the number of known disputes submitted to them, the international system of investment dispute resolution has taken centre stage and has been placed in a unique position from which to formulate international investment law. At the heart of this system, the arbitrator possesses considerable ‘jurisgenerative’ powers that span over different aspects of the rules governing investment, from treaty provisions relating to jurisdictional and substantive standards to the interpretation of relevant rules of customary international law and the development of new treaty models. The article considers this de facto role of the arbitrator in investment rule-setting by canvassing arbitral interpretation as a jurisgenerative process per se, and by exploring its impact on future treatymaking.
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16

Titi, Catharine. "The Arbitrator as a Lawmaker: Jurisgenerative Processes in Investment Arbitration." SSRN Electronic Journal, 2013. http://dx.doi.org/10.2139/ssrn.2758113.

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17

Bigler, Gregory. "Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3137355.

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18

GEBEYE, BERIHUN ADUGNA. "Global constitutionalism and cultural diversity: The emergence of jurisgenerative constitutionalism in Africa." Global Constitutionalism, November 16, 2020, 1–32. http://dx.doi.org/10.1017/s2045381720000350.

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Abstract This article examines the path of global constitutionalism and its encounter with cultural diversity in Africa. It situates the phenomenon of global constitutionalism in the late nineteenth century and traces some of its tectonic transformations since the inauguration of the liberal international order. Besides referring to the processes of and calls for the constitutionalization of the international legal regime and the emergence of global constitutional law, global constitutionalism played a constitutive role for constitutionalism in Africa. As constitutionalism in Africa is configured within a biosphere of global constitutionalism and cultural diversity, their dynamic interplay leads to the emergence of jurisgenerative constitutionalism, which is procedurally and normatively open to accommodate a plural conception of rights, justice and values. As a result, what is constitutionally permissible and what is not cannot simply be determined by an attachment to either global constitutionalism or cultural diversity. Rather, it is the interaction of global constitutionalism and cultural diversity in time and place that dictates what the constitutional practice or outcome should look like. By taking the women’s rights jurisprudence related to customary and Islamic laws and the phenomenon of Shariacracy as themes of analysis, and Nigeria as a case study, this article explores how the emergence of jurisgenerative constitutionalism mediates global constitutionalism and cultural diversity in Africa. By bringing in the African experience, the article sheds some light on the range of theoretical and practical possibilities available to the emerging field of global constitutionalism.
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19

von Bogdandy, Armin. "The Transformative Mandate of the Inter-American System – Legality and Legitimacy of an Extraordinary Jurisgenerative Process." SSRN Electronic Journal, 2019. http://dx.doi.org/10.2139/ssrn.3463059.

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20

Venzke, Ingo. "The Role of International Courts as Interpreters and Developers of the Law: Working Out the Jurisgenerative Practice of Interpretation." SSRN Electronic Journal, 2011. http://dx.doi.org/10.2139/ssrn.1868423.

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