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Thucydides indicates in a number of ways that the section of his book from its beginning up until the account of the factional strife in Corcyra presents the case for the greatness of Athens over Sparta – of Athens’ regime and its education, and of the understanding of human nature and the human condition on which Athens is based (1.1–3.69). First, as we have seen, in the Archaeology, he presents himself as a partisan of Periclean Athens.1 Second, Thucydides presents a comparison of the two “who had come to be the most illustrious Greeks of their time,” “Pausanias the Spartan and Themistocles the Athenian,” a comparison that highlights the violent, tyrannical, and foolish character of Pausanias but that culminates with Thucydides’ first eulogy of an individual in the book, his eulogy of Themistocles for his outstanding practical wisdom.2 Third, this section of the book presents what is by far Thucydides’ longest eulogy of any individual in the book, of the Athenian statesman Pericles, more than triple the length of Thucydides’ next longest eulogy, that of the Spartan Brasidas.3 Thucydides’ eulogy concludes a discrete, relatively compressed subsection of the book, that is introduced by Thucydides’ praise of Pericles as “a man at that time first of the Athenians, most powerful at both speaking and acting,” a subsection that is 8.1 percent of the book as a whole, and that is entirely dominated by Pericles.4 This subsection contains four unanswered speeches by Pericles – three in direct discourse, and one in indirect discourse – including three of the eight longest speeches in the book and by far the longest speech of all, the Funeral Oration.5 That oration presents Pericles’ eloquent account of the greatness of Athens and specifically its superiority to Sparta in the enjoyment of life and in intelligence.6 Fourth, this section of the book presents the Athenians’ two naval victories over the vastly more numerous Peloponnesian forces, led by Sparta, victories presented by Thucydides as due to the Athenians’ superiority in skill, judgment, and daring.7 Finally, this section presents the Athenians’ thoughtfully compassionate treatment of the rebellious Mytileneans – the greatest act of compassion in this harsh war – in stark contrast with the seemingly thoughtless and cruel treatment by the Spartans of the Plataeans.8 Thucydides in this section of the book portrays Athens as a city with the most sagacious statesmen, the most ingenious and energetic citizenry, and the most thoughtfully humane character.
This chapter explores the semantic and semiotic manifestation of extension – extenuation – to consider how Shakespeare dramatises the merits and demerits of hermeneutic tenuity (plurality, metaphor, poetry, etc.) versus hermetically sealed, unextended signification (the legal sentence, the death penalty, etc.). I will demonstrate how, in Measure for Measure, Shakespeare dramatises both the impracticality and the brutality of any imposition of sanitised or sanctified linguistic precision, of barren semiotic integrity, drawing on period misgivings concerning the performative efficacy of legal utterances.
This chapter explores how emporia could have operated within the political and legal institutions of early medieval Northern Europe. I examine documents and narratives to suggest how prevailing models have misconstrued the norms and institutions of power used to govern these places. The emporia, I argue, were essentially part of a social organization designed for dealing with strangers who came from outside regional social networks and cultural groups, and that existed within a society governed ultimately by common law and popular assemblies. In the absence of the chartered towns, guilds, or individually granted privileges that secured the rights of travellers in the High Middle Ages, emporia were attuned to a simpler framework, in which wider agreements had to be made at group-level and then ratified at legal assemblies. As such, they operated as havens for foreigners who formed a permanent diaspora away from their own country. They were entitled to comply with their own laws within a circumscribed space, and to answer collectively to regional authorities.
In the Introduction, the need for an interdisciplinary approach to human well-being is presented, focusing on law and the social sciences, to elevate the interests of humanity amid rapid scientific and technological change.
In Chapter 10, the book concludes with a review of the numerous means available in the law to support the well-being of humans in an age of rapid scientific and technological development, emphasizing the need to revisit what it is to be human.
This chapter traces the forms of epistemic violence that asylum seekers are exposed to when using data from digital platforms to substantiate their claims for international protection. Drawing on a selection of decisions by the Upper Tribunal Immigration and Asylum Chamber in the UK, it challenges accounts of generalised digital surveillance by showing how asylum seekers are forced to engage in more and more data wrangling without resources, time or equipment. In so doing, asylum seekers do not just have to make themselves surveillable but are confronted with a demand to know the contours and limits of surveillance on digital platforms. By introducing the concept of platform power, the chapter shows that asylum seekers face an impossible demand to know the unknowable. Platform power undoes the binaries of privacy/publicity, transparency/opacity, openness/secrecy, and monitoring/indifference. It also obfuscates the attempts to ascertain the likelihood of digital surveillance.
In Chapter 6, the history of the rule and role of law over time demonstrates a longstanding but eroding dedication to human well-being, particularly in natural law and constitutional principles derived from natural law. A strict adherence to traditional natural law is criticized for its selective support of certain traits as universal.
Liberalism is a foundational school of thought in International Relations with a well-established and rich intellectual heritage dating back to the seventeenth century. It seeks to address core problems in world politics, including the appropriate scope of state authority, the conditions underpinning international cooperation, and the maintenance of international stability. With liberal scholars most notably contributing to debates on the causes and limits of cooperation. Liberal scholars have made their most influential contributions by examining questions such as what enables or constrains cooperation between states, with many claiming that political, economic, and social integration between states leads to more peace and less war. However, liberalism emerged from Western historical and philosophical contexts, and while liberal scholars claim that it is universally applicable, its assumptions can be criticised for not reflecting non-Western experiences. This chapter evaluates liberalism’s applicability to the Middle East by applying liberal theory to the analysis of cosmopolitan law, examining in particular the impact of Special Economic Zones (SEZs) on interstate relations. Thus, it applies liberalism to answer the following questions: do SEZs lead to greater economic integration between states in the Middle East? And is there any observable pacifying effect on political relations between trade partners?
Chapter 6 examines authority and the fragile structures that hold society together. It surveys concepts of justice and order, the roles of kings and councils, and the practice of assemblies, including debates about the ‘seeds’ of democracy. Through episodes of dispute and persuasion, it shows how Homeric communities negotiated power when coercion, charisma, and tradition competed.
This article examines the constitutional and human rights implications of mandatory pregnancy testing in Ugandan schools. Using a doctrinal legal approach, it analyses the practice through the lens of Uganda’s 1995 Constitution, regional and international human rights instruments, as well as relevant case law. The article argues that mandatory pregnancy testing and the expulsion of pregnant students infringe on the rights to privacy, non-discrimination, dignity and education. It further maintains that the gendered nature of the practices systematically targets girls, reinforcing harmful cultural norms and institutionalizing educational exclusion. Through a comparative analysis of jurisprudence from East, West and southern Africa, the article demonstrates that such practices fail to meet constitutional standards. It concludes by calling for the abolition of mandatory pregnancy testing, the adoption of inclusive policies that support pregnant learners and the urgent need for legal reforms to align Uganda’s education system with its human rights obligations.
For years, in response to demand from the field, Centers for Disease Control and Prevention’s Office of Public Health Law Services (OPHLS) has partnered with outside organizations, including Temple University’s Center for Public Health Law Research and ChangeLab Solutions, to operate the Legal Epidemiology Learning Cohort (Learning Cohort). This year-long opportunity offers training and mentorship to health department practitioners and others from public health-adjacent settings on the practical steps of legal epidemiology, which includes collecting, mapping, and evaluating legal texts. Participants work in transdisciplinary teams to design and carry out the foundational work for completing projects on research questions relevant to local public health challenges. Throughout 2023, ChangeLab Solutions and OPHLS coordinated training sessions and provided technical assistance to seven Learning Cohort teams across the country. This paper provides an overview of the Learning Cohort’s background, approach, and lessons learned. It also spotlights three recent Learning Cohort teams who describe the projects they completed and the benefits and challenges they found in learning foundational legal epidemiology methods for their public health work. Featured projects demonstrate how legal epidemiology can be used to examine topics like water safety, Tribal access to public health data, and the intersection of state and local law.
The European Union Artificial Intelligence (AI) Act was adopted in 2024 to protect public interests from AI-related harms. We aimed to determine whether the AI Act captures the most relevant values of stakeholders (understood as any person potentially affected by the AI system, including, but not limited to, the direct users) related to a high-risk AI Clinical Decision Support System (CDSS) for cardiovascular disease. This system is intended to be implemented in primary care. A secondary analysis was carried out based on empirical data previously generated using ethics and design methodologies that had identified stakeholder values. These values were translated into the Trustworthy AI requirements of the High-Level Expert Group on AI and then contrasted with the AI Act. These requirements do not capture all identified stakeholder values. We describe three groups of untranslatable values and propose three additional complementary requirements. The AI Act mainly supports the requirements of human agency and oversight; transparency; and diversity, nondiscrimination, and fairness; but only partially, limited by its product safety nature. To address this gap, contractual strategies could provide a more legally robust ground for general practitioners to align the AI-CDSS with stakeholders’ values, comply with their duty of care, and promote trustworthy AI-CDSSs.
The guiding aim of the collection is to shift the focus of European studies from the institutional realities of European integration to the lived experience of it. However, it is not to separate the lived experience of Europe from the institutional and legal account of Europe but to show precisely how institutional and legal Europe is lived by individuals and social groups and, in the living, reflected and reproduced at the social level, generating various forms of injustices and indignities. This introduction presents the main concepts and approaches developed in the following series of essays.
This article reveals an additional pathway for democratic backsliding – through negotiated legal arrangements that subtly erode political norms. Using Israel as a case study, it analyses a series of legal understandings reached between the Attorney General’s Office and the Netanyahu governments during the period 2020 to 2026. The article develops the concept of ‘contracting around democratic backsliding’, focusing on situations in which legal gatekeepers avoid direct constitutional confrontation with populist executives and instead seek to contain democratic risks through consensual legal arrangements negotiated ‘in the shadow of the law’.
The article examines three case studies of contracting around democratic backsliding: (i) the conflict-of-interest arrangement imposed on Prime Minister Benjamin Netanyahu while standing criminal trial; (ii) the Memorandum of Understanding reached with Minister of National Security Itamar Ben-Gvir following allegations of politicising the police; and (iii) the agreement permitting Netanyahu’s appointment of the head of the Israeli Security Agency despite conflict-of-interest concerns arising from ongoing investigations involving his office. In each case, the Attorney General refrained from advancing a categorical constitutional objection and instead validated the appointment or tenure through contractual limitations designed to constrain executive power.
The article argues that this ‘consensual approach’ has ultimately intensified democratic backsliding. By avoiding constitutional showdowns, the arrangements weakened the likelihood that courts would articulate clear constitutional boundaries, normalise previously unacceptable political conduct, and legitimise increasingly extreme exercises of executive power. The analysis further demonstrates that repeated reliance on negotiated accommodation gradually transformed exceptional deviations from democratic norms into an accepted constitutional practice, while simultaneously limiting the ability of legal institutions to reverse the process once the agreements themselves collapsed. In the Israeli context, such negotiated arrangements inadvertently strengthen populist entrenchment, contributing to the erosion of democratic guardrails.
In this paper, I trace the social life of law as it shapes—and is shaped by—quotidian motoring practices in urban India. While laws, rules, and codes that regulate humans and vehicles exist on paper, scholarship on how motorists and state actors understand, interpret, and enact these laws is still scant. In the backdrop of a continued public discourse around road safety, rule-disobedience, infrastructural aspirations, and class inequality in the country, how does law mediate driving (and riding, henceforth) in cities? Drawing on ethnographic research conducted in the southern Indian city of Hyderabad, this paper analyses how motorists make sense of traffic law enforcement (with particular focus on speeding) and how these interpretations orient motorists vis-à-vis the everyday state and the city. The material, structural and infrastructural conditions of driving, I ultimately argue, produce situational and contingent relationships to traffic laws and to the state.
This chapter considers the anarchist critique of nineteenth century constitutionalism, the first step in our reconstruction of anarchist constitutional theory. Rejecting the view that anarchism is simply a new form of radical democracy, or via media between liberalism and Marxist-Leninism, we show that nineteenth-century anarchists pressed the republican critique of domination against constitutionalism, honed a critique of social contract theory to reject sovereign law as an instrument for rulemaking and challenged the idea that constitutent power power was or is a check on arbitrary power. The first part of the chapter sets out an anarchist account of constitutionalism’s statist bias. The second examines the arguments about slavery and enslavement. In the third and fourth parts, we consider how these critiques informed anarchist conceptions of sovereign law and constituent power, the lynchpins of the ‘political’ constitution. In the final part, we show how anarchist anticonstitutionalism seeded and promoted the constitutional dissolution of power in the social constitution - the anarchist alternative.
The modern world has moved beyond the Information Age and entered a new era of industry, automation, and 'intelligence.' How might the law preserve human value in the wake of rapid societal transformation? Is the field even equipped to do so? Humans in Exile offers a unique, interdisciplinary approach to addressing the societal stress and existential threats caused by these rapid developments, bringing the reader to the essential point of what it is to be human. The book reveals the historical and theoretical ties between science, technology, and government and demonstrates how scientism and technological determinism have steered legal decision-making in the wrong direction. The book concludes by providing an array of examples of law in action to address cutting edge challenges, such as surveillance, AI, and toxic waste. Humans in Exile posits that privacy is not dead and humans remain valued and resilient under the law.
Thucydides' book on the war between the Peloponnesians and the Athenians has generally been considered a historical chronicle. By contrast, Peter Ahrensdorf here makes the case that it is better understood as a work of philosophy, inasmuch as it seeks to understand the permanent truth about human nature. Thucydides, he argues, focuses on this particular war because of its theoretical significance. It presents a clash, not only between military powers, but between two theoretical outlooks – Periclean Athenians' progressive and humanistic understanding of the fundamental character and condition of human beings, and the Spartans' traditional and religious understanding. Ahrensdorf leads us through Thucydides' examination of the case for and against both Athens and Sparta and shows how Thucydides ultimately offers for our consideration an account of himself as an individual who – unlike outstanding characters such as such Alcibiades, the Athenian ambassadors at Sparta and Melos, Diodotus, and Pericles – ascends to a truly independent and genuinely philosophic understanding of the human condition.
Chapter 3 reads Vladimir Nabokov’s banned, belle-lettristic best-seller Lolita as a complex interrogation of the presiding sexual, legal, and literary critical formalisms of the postwar period. Nabokov’s pathological protagonist, Humbert Humbert, attempts to produce the compliant literary and legal confession of a pedophile. His account requires that he characterize his sexual subjectivity as fixed and antecedent to the forbidden class of objects (children or, in his own rarefied taxonomy, nymphets) for which he has an unnatural desire. But his fine-grained account of his desire for Lolita cannot successfully repress, indeed depends on, a more fluid and relational erotic dynamic: his confession must simultaneously deny and rely on Lolita’s own position as sexual agent in order to illuminate his desire and his deeds. Likewise, the literary loyalty oaths taken by the novel’s formalist defenders (including Nabokov himself) and moralist detractors alike contain kindred contradictions. Ultimately the failure of these legal and literary confessions served to reveal the unsustainability of the oppositions – morality/aesthetics, natural desire/perversion, ordinary subjectivity/monstrosity – on which the concept of the postwar desiring subject was predicated.
In Behemoth, Hobbes says "that what one calls vice, another calls virtue, as their present affections lead them" and that "[t]he virtue of a subject is comprehended wholly in obedience to the laws of the commonwealth." This claim is debunking – nothing more to virtue than obedience to law – and commendatory – understanding that’s one duty is to obey the law is the mark of virtue. Any tension can be resolved by supposing that while virtue does not exist outside of civil society, once civil society is established, virtue becomes possible though the ability of subjects to conform their actions to their sovereign’s law. Yet Hobbes also says that the "Science" of the laws of nature is the "true and onely Moral Philosophy", and thus also the "science of Vertue and Vice," that the laws of nature oblige in the state of nature (in conscience), and suggests in various ways both that it is possible (though dangerous) to be a virtuous or "Just man" in the state of nature and that such men may have an important role to play in establishing civil society. This chapter explores the puzzles raised by Hobbes’s discussion in Leviathan of virtue and duty to obey the law.