Dieter Gosewinkel's "Struggles for Belonging" published by OUP
Citizenship was the most important mark of political belonging in Europe in the twentieth century, while estate, religion, party, class, and nation lost political significance in the century of extremes. This is shown by examining the legal institution of citizenship, with its deciding influence on the limits of a political community, on inclusion and exclusion. Citizenship determined a person's protection, equality, and freedom and thus his or her chances in life and very survival. "Struggles for Belonging" recounts the history of citizenship in Europe as the history of European statehood in the twentieth and early twenty-first centuries. It does so from three vantage points: as the development of a legal institution crucial to European constitutionalism; as a measure of an individual's opportunities for self-fulfilment ranging from freedom to totalitarian subjugation; and as a succession of alternating, often sharply divergent political regimes, considered from the perspective of their inclusivity and exclusivity, and its justification.
“To replace force with law”
Ester Herlin-Karnell is co-editor of the recently published Public Uses of Coercion and Force from Constitutionalism to War (OUP 2021). Read our latest LawLog post to find out how this edited volume offers “a novel understanding of the status of states” and why “force without freedom guaranteed by law is barbarism”!
Feminist Judgments Project
Since October 2021, Kriszta Kovács has been participating in the Feminist Judgments Project focused on Central and Eastern Europe. The project, supported by University College London, aims at critiquing and eventually rewriting key judicial decisions from the region.
New article by our research fellow Jakob Zollmann
What is the meaning of 'civilized nations' in Article 38 ICJ-Statute?
For an analysis of the impact of early anthropology on the history of international law see Jakob Zollmann's article in the new edited volume "Transforming the Politics of International Law" (edited by P. Sean Morris).
New SCRIPTS research project launched
Since 1 September 2021, Mattias Kumm and Kriszta Kovács have been working in the SCRIPTS project "Science Friction: Patterns, Causes and Effects of Academic Freedom Contestations". The project combines the disciplinary perspectives of international relations and comparative politics with constitutional law to analyse, assess and explain the growing contestation of academic freedom worldwide.
New article by Jakob Zollmann in the "South African Historical Journal"
When partition of the country seemed a possibility to end apartheid in South Africa. Read Jakob Zollmann's latest article on the history of an idea among constitutional scholars, social scientists and journalists.
About our research
Mattias Kumm's research focuses on the theory and practice of constitutionalism and human rights on the national, European and global levels. How should we think of the basic institutions and categories of existing law and how should they be progressively developed, if we take seriously the widely embraced idea that any claim to legitimate authority must be based on the rule of law, democracy and human rights? Conversely, which concepts, doctrines and institutional practices effectively fall short in light of the principles they claim to reflect? One of his current projects is to analyze constitutionalism theoretically and historically as a revolutionary, transformative, and militant practice, to help better understand contemporary challenges and reflect on possible responses to these challenges.