Why UK public lawyers need to be legal and political theorists

My aim in this article is to encourage UK public lawyers to engage with contemporary debates in legal, political and constitutional theory. My argument is motivated by three related concerns. First, there is an extricable link between these disciplines: behind every proposition of public law can be found a theory of law, govenment, the state and so on; secondly, public lawyers have historically neglected or fudged theory in their work; finally, a growing number of public lawyers are now using cutting-edge legal and political theories to fashion radical new understandings of the British constitution: other (more conservative-minded) public lawyers have no option, I argue, but to answer these new challenges. I illustrate my argument with reference to debates about Parliamentary sovereignty, the constitutional foundations of judicial review, political constitutionalism, and judicial deference.

Addressee orientation in political speeches: tracing the dialogical 'other' in argumentative monologue

This article suggests that the addressees as the dialogical ‘other’ loom large in monological political speeches. However, political speeches are produced under conditions of addressee heterogeneity, i.e. the speakers do not actually know who they will be talking to. It will be argued that the addressees are nevertheless a crucial element in speakers’ context models, that speakers orientate towards imagined addressees and that certain aspects – what possible addressees may do, think or believe and that they are a part of an imagined community – are particularly relevant from the speakers’ point of view. An analysis of addressee orientation in political speeches aims at reconstructing speakers’ conceptualisations of possible addressees. The analysis reveals patterns of addressee orientation which suggest that the addressees are framed in terms of presumed nearness (i.e. agreement) or distance (i.e. disagreement) to the speakers. Both presumed agreement and disagreement will be discussed in terms of how the speakers aim to impose their default perspectives on the addressees. The analysis is based on examples from a substantial corpus of German chancellors’ political speeches from 1951-2001.

Human capital and growth under political uncertainty

In this paper we show how political uncertainty may impede economic growth by reducing public investment in the formation of human capital, and how this negative effect of political uncertainty can be offset by a government contract. We present a model of growth with accumulation of human capital and government investment in education. We show that in a country with an unstable political system the government is reluctant to invest in human capital. Low government spending on education negatively affects productivity and slows growth. Furthermore, a politically unstable economy may be trapped in a stagnant equilibrium. We also demonstrate the role of a government retirement contract. Public investment in education and economic growth are higher when the future retirement compensation of the government depends on the future national income, in comparison with investment under zero or fixed retirement compensation.

"You can see some eagles. And hear the trumpets": the literary and political hinterland of T.S. Eliot's 'Coriolan'

There has been an increased amount of scholarly interest lately in T.S. Eliot's unfinished sequence, Coriolan (1932)—interest drawn from its Shakespearian allusiveness, and from analysis of this writing's particularly rebarbative, jarring poetic. Although, however, the two parts of the sequence published by Eliot are acknowledged as being his nearest approach to poetic commentary upon contemporary political ideas, little criticism exists establishing the hinterland of the political thought, with which Eliot was most familiar, as editor of the Criterion. Coriolan emerges at a time when the lure of fascism pulled hardest at Eliot's sensibility. This article reviews the full political context provided by Eliot's journal, as well as considering the connections between that political engagement and the readings of Shakespeare he was also promulgating through this forum, in order to provide a more complex sense than hitherto of the diverse pressures underlying the unsettled nature of the existing Coriolan poems.

The political economy of state-building in Kosovo

The chapter examines the impact of international statbuilding efforts on political and economic dynamics in Kosovo from 1999 to 2011

Military competition and the emergence of nationalism: putting the logic of political survival into historical context

This essay aims to make a contribution to the conversation between IR and nationalism literatures by considering a particular question: What is the relationship between interstate military competition and the emergence of nationalism as a potent force in world politics? The conventional wisdom among international security scholars, especially neorealists, holds that nationalism can be more or less treated like a “technology” that allowed states to extract significant resources as well as manpower from their respective populations. This paper underlines some of the problems involved with this perspective and pushes forward an interpretation that is based on the logic of political survival. I argue that nationalism’s emergence as a powerful force in world politics followed from the “mutation” and absorption of the universalistic/cosmopolitan republican ideas that gained temporary primacy in Europe during the eighteenth century into particularistic nationalist ideologies. This transformation, in turn, can be best explained by the French Revolution’s dramatic impacts on rulers’ political survival calculi vis-à-vis both interstate and domestic political challenges. The analysis offered in this essay contributes to our understanding of the relationship between IR and nationalism while also highlighting the potential value of the political survival framework for exploring macrohistorical puzzles.

The arbitrariness and normativity of social conventions

This paper investigates a puzzling feature of social conventions: the fact that they are both arbitrary and normative. We examine how this tension is addressed in sociological accounts of conventional phenomena. Traditional approaches tend to generate either synchronic accounts that fail to consider the arbitrariness of conventions, or diachronic accounts that miss central aspects of their normativity. As a remedy, we propose a processual conception that considers conventions as both the outcome and material cause of much human activity. This conceptualization, which borrows from the économie des conventions as well as critical realism, provides a novel perspective on how conventions are nested and defined, and on how they are established, maintained and challenged.

Unwritten law in Hobbesian political thought

In Hobbesian terminology, ‘unwritten laws’ are natural laws enforced within a polity, by a non-sovereign judge, without some previous public promulgation. This article discusses the idea in the light of successive Hobbesian accounts of ‘law’ and ‘obligation’. Between De Cive and Leviathan, Hobbes dropped the idea that natural law is strictly speaking law, but he continued to believe unwritten laws must form a part of any legal system. He was unable to explain how such a law could claim a legal status. His loyalty to the notion, in spite of all the trouble that it caused, is a sign of his belief that moral knowledge is readily accessible to all.