In-enviroment of law

A linguistic game of prepositions in order to define the following: (1) What is the Environment? What is 'environment' for environmental law? (2) How does the law react to the complexity of its environment? (3) How to take into account the ecological crisis within a rather narrow, anthropocentric legal frame? (4) How to move away from the hackneyed binarism econcentricity/anthropocentricity and venture a different, de-centred conceptualisation? (5) How can utopia be considered in its potential realisation? The paper is a further investigation of the concept of the paradox in the ecological legal crisis.

From space immaterial: the invisibility of the lawscape

This article aims to interrogate law's ambivalent relationship with urban space. It deals with the paradoxical relation between law and the city, visibility and invisibility, materiality and abstraction, and polis and metropolis. It builds on previous work on the lawscape, namely the priority of invitation by law or the city to be conditioned by the other, and expands this line of thought towards a more tangible understanding of visibility and its mutual constitution with invisibility. We believe that spatialisation is a relevant avenue for law's (re)conceptualisation because it moves away from a description of humanism based on the universality of subjectivity, and paves the way for a particularised and material description of law's multiplicity that specifically addresses law's social positioning. This inevitably leads to a dematerialisation of space and the reinstatement of circularity between concreteness and abstraction. Inspired by some of the themes addressed by the contributors in this issue, we begin constructing a vocabulary of lawscaping, where law and urban space are brought together in an epistemological embrace that targets and eventually questions the solipsistic way in which the two of them have been conceptualised so far.

Moment of stasis: the successful failure of a constitution for Europe

The 2005 French and Dutch negative votes on the Constitution open up a space of conceptualisation, not only of Europe's relation to its demos, but significantly to its failures. Through a critical analysis of mainly Niklas Luhmann's systems theory, the article proposes taking a distance from traditional constitutional dogmatics that are no longer capable of dealing with the paradox of contemporary society, and more specifically with the eventual resurgence of the European project as one of absence and stasis: the two terms are used to explain the need, on the one hand, to maintain the 'absent community' of Europe, and, on the other, to start realising that any conceptualisation of the European project will now have to take place in that space of instability and contingency revealed by the constitutional failure. The relation between law and politics, the location of a constitution, the distinction between social and normative legitimacy, the connection between European identity and demos, and the concept of continuity between constitutional text and context are revisited in an attempt to trace the constitutional failure as the constitutional moment par excellence.

The sound of a breaking string: critical environmental law and ontological vulnerability

This is a thought-provoking contribution on the space of ontological vulnerability as the awareness of being existentially exposed. This space, conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’) offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what the author has called ‘critical environmental law,’ based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law.

The world without outside

The world is all that there is. In the world, ontology and epistemology coincide. The thing and the perspective are part of it, scale is ingested in its multiplicity, communication stops at the world's edge. By reading together Deleuze and Guattari's plane of immanence and Niklas Luhmann's proto-global concept of Weltgesellschaft (“world society”), I suggest a conceptualisation of the world as the materiality of the multiple spaces of creation in an insular, all-inclusive immanence. Deprived of an outside, the world pushes its own understanding of circumference through, first, the expansion of its own limits through the process of worlding, and, second, the multiplication of modes of material (self-)production through its process of othering. Thus, the world swells up from the inside and expands on both the material and the semantic level, producing a multiplicity of fractal microcosms. Issues of responsibility and justice arise that are intricately linked to the materiality of the world and take place in and between the various bodies and spaces of the world but without an overarching hierarchy or principle. This approach is a way of counteracting the all-pervasive Hegelian understanding of synthesis, arguing instead for a plenitude that brims with positivity and that can never become fully complete. The world remains its own infinite process of worlding.

A Social Institutionalist Perspective on HR Diffusion: Histrorical and Cultural Receptivity to HRM in a Post-Comminist Context

This research considers cross-national diffusion of international human resource management (IHRM) ideas and practices by applying an emergent frame of sociological conceptualisation – ‘social institutionalism’ (SI). We look at cultural filters to patterns of diffusion, assimilation and adoption of IHRM, using Romania as a case study. The paper considers the former Communist system of employment relations, suggesting that through institutionalisation former ways of thinking continued to influence definitions and practice of people management in post-Communist Eastern Europe. The paper provides a new perspective on HRM by discussing the value of SI as a general model for understanding cross-cultural receptivity to HR ideas, sensitising the HR practitioner and academic to institutionalised culture as a historical legacy influencing receptivity to international management ideas.

Eco-cities: technological showcases or public spaces?

A growing body of critical literature seeks to identify conceptual and practical problems accompanying the realisation of mainstream ‘eco-city’ initiatives around the world. However, little attention has been paid to the status of the ‘city’ itself within the broader discourse. If eco-cities are to be more than experimental ‘technological showcases’, and aim to transform urban life more generally, the question of what types of ‘cityness’ will ensue is of considerable importance. To effect a more significant sustainability transition, eco-city plans and policies may need somehow to encompass a more nuanced conceptualisation of cities as complex, unpredictable, and emergent spaces. The incompatibility of such a conceptualisation with liberal-modernist modes of planning means that radically innovative new approaches to eco-city development may need to be found. This thesis considers whether the eco-city, theorised as a multiple process of real-world experimentation, may shed some light on how ‘cityness’ might better be planned for in future. To do so, it conceptualises cityness through the lens of ‘publicness’. It makes an original contribution to knowledge by developing a new theoretical model of publicness as an ‘assemblage’ of space and behaviour, with an ‘emergent’ and ‘civic’ modality. It thereby extends recent debates over the idea of ‘urban assemblage’, and makes innovative links between theories of planning and of the public. This model informs the analysis of original empirical research, investigating the conceptualisation of the public in an international sample of official eco-city documents, and exploring the publicness of two implemented initiatives, in Portland, Oregon (US) and newly built Sejong City (South Korea). The research finds that publicness tends to be poorly articulated in mainstream eco-city plans and policies, with potentially negative implications for sustainability in the ‘urban age’. However, it also argues that state institution-led planning – even when experimental ‘governance’ approaches are adopted – may inevitably be limited in its ability to encompass the emergent public life of the city. The thesis concludes by considering the prospects for overcoming or more productively acknowledging these limits in future.