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Recognition in International Relations
by Christopher Daase Caroline Fehl Anna Geis Georgios KolliarakisRecognition is a basic human need, but it is not a panacea to all societal ills. This volume assembles contributions from International Relations, Political Theory and International Law in order to show that recognition is a gradual process and an ambiguous concept both in theory and political practice.
Recognition Odysseys: Indigeneity, Race, and Federal Tribal Recognition Policy in Three Louisiana Indian Communities
by Brian KlopotekIn Recognition Odysseys, Brian Klopotek explores the complicated relationship between federal tribal recognition policy and American Indian racial and tribal identities. He does so by comparing the experiences of three central Louisiana tribes that have petitioned for federal acknowledgment: the Tunica-Biloxi Tribe (recognized in 1981), the Jena Band of Choctaws (recognized in 1995), and the Clifton-Choctaws (currently seeking recognition). Though recognition has acquired a transformational aura, seemingly able to lift tribes from poverty and cultural decay to wealth and revitalization, these three cases reveal a more complex reality. Klopotek describes the varied effects of the recognition process on the social and political structures, community cohesion, cultural revitalization projects, identity, and economic health of each tribe. He emphasizes that recognition policy is not the only racial project affecting Louisiana tribes. For the Tunica-Biloxis, the Jena Band of Choctaws, and the Clifton-Choctaws, discourses around blackness and whiteness have shaped the boundaries of Indian identity in ways that have only begun to be explored. Klopotek urges scholars and officials from the Bureau of Indian Affairs (BIA) to acknowledge the multiple discourses and viewpoints influencing tribal identities. At the same time, he puts tribal recognition in broader perspective. Indigenous struggles began long before the BIA existed, and they will continue long after it renders any particular recognition decision.
Recognition of the Rights of Domestic Workers in India: Challenges and the Way Forward
by Upasana Mahanta Indranath GuptaThis book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.
Recognition, Sovereignty Struggles, and Indigenous Rights in the United States
by Jean M. O'Brien Amy E. Den OudenThis engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide.Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).
Recognized Women: a theory of recognition of women and case studies (Juridicum - Schriften zur Rechtsphilosophie)
by Carolina EsserAxel Honneth’s theory of recognition comes from a theoretical paradigm attached to Western deliberative democracy. Honneth does not interpret recognition from the perspective of gender equality and how a woman may be recognized in non democratic and non Western societies. If one interprets the theory of recognition with a focus on the situation of women, it is possible to identify that legal recognition plays a fundamental role. It is relevant, then, to propose forms of struggling for the recognition of these women. It is adopted the methodology of Critical Theory and recognition is illustrated from the perspectives of case studies, for instance, regarding women in China and Morocco. In these countries, there are different forms of disrespect. Nevertheless, despite restrictions imposed by government and culture, both countries still have forms of struggling for recognition that should be perceived. Several forms of struggling for recognition, to turn recognition into a universal institute, which can be applied in different contexts. There are always forms of struggling for better conditions of women’s recognition in every community, through the support of law.
Recognizing Aboriginal Title
by Peter H. RussellA judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States.In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case.Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.
Recognizing the Past in the Present: New Studies on Medicine before, during, and after the Holocaust
by Sabine Hildebrandt, Miriam Offer Michael A. GrodinFollowing decades of silence about the involvement of doctors, medical researchers and other health professionals in the Holocaust and other National Socialist (Nazi) crimes, scholars in recent years have produced a growing body of research that reveals the pervasive extent of that complicity. This interdisciplinary collection of studies presents documentation of the critical role medicine played in realizing the policies of Hitler’s regime. It traces the history of Nazi medicine from its roots in the racial theories of the 1920s, through its manifestations during the Nazi period, on to legacies and continuities from the postwar years to the present.
Recognizing the Past in the Present: New Studies on Medicine before, during, and after the Holocaust
by Sabine Hildebrandt, Miriam Offer Michael A. GrodinFollowing decades of silence about the involvement of doctors, medical researchers and other health professionals in the Holocaust and other National Socialist (Nazi) crimes, scholars in recent years have produced a growing body of research that reveals the pervasive extent of that complicity. This interdisciplinary collection of studies presents documentation of the critical role medicine played in realizing the policies of Hitler’s regime. It traces the history of Nazi medicine from its roots in the racial theories of the 1920s, through its manifestations during the Nazi period, on to legacies and continuities from the postwar years to the present.
Recognizing Wrongs
by John C. Goldberg Benjamin C. ZipurskyMuch bemoaned and widely misunderstood, tort law provides an essential vehicle for injured parties to seek redress from wrongdoers and hold them accountable. John Goldberg and Benjamin Zipursky defend tort law against its critics and lay out comprehensively their increasingly influential “civil recourse” conception of tort.
Recommender Systems: Legal and Ethical Issues (The International Library of Ethics, Law and Technology #40)
by Sergio Genovesi Katharina Kaesling Scott RobbinsThis open access contributed volume examines the ethical and legal foundations of (future) policies on recommender systems and offers a transdisciplinary approach to tackle important issues related to their development, use and integration into online eco-systems. This volume scrutinizes the values driving automated recommendations - what is important for an individual receiving the recommendation, the company on which that platform was received, and society at large might diverge. The volume addresses concerns about manipulation of individuals and risks for personal autonomy. From a legal perspective, the volume offers a much-needed evaluation of regulatory needs and lawmakers’ answers in various legal disciplines. The focus is on European Union measures of platform regulation, consumer protection and anti-discrimination law. The volume will be of particular interest to the community of legal scholars dealing with platform regulation and algorithmic decision making. By including specific use cases, the volume also exposes pitfalls associated with current models of regulation. Beyond the juxtaposition of purely ethical and legal perspectives, the volume contains truly interdisciplinary work on various aspects of recommender systems.
Reconceptualising Penality: A Comparative Perspective on Punitiveness in Ireland, Scotland and New Zealand (New Advances in Crime and Social Harm)
by Claire HamiltonDrastic increases in the use of imprisonment; the introduction of ’three strikes’ laws and mandatory sentences; restrictions on parole - all of these developments appear to signify a new, harsher era or ’punitive turn’. Yet these features of criminal justice are not universally present in all Western countries. Drawing on empirical data, Hamilton examines the prevalence of harsher penal policies in Ireland, Scotland and New Zealand, thereby demonstrating the utility of viewing criminal justice from the perspective of smaller jurisdictions. This highly innovative book is thoroughly critical of the way in which punitiveness is currently measured by leading criminologists. It is essential reading for students and scholars of criminology, penology, criminal justice and socio-legal studies, as well as criminal lawyers and practitioners.
Reconceptualising the Moral Economy of Criminal Justice: A New Perspective
by Philip WhiteheadReconceptualising the Moral Economy of Criminal Justice.
Reconceptualising the Moral Economy of Criminal Justice: A New Perspective
by Philip WhiteheadThis book reconceptualises the concept of moral economy in its relevance for, and application to, the criminal justice system in England and Wales. It advances the argument that criminal justice cannot be reduced to an instrumentally driven operation to achieve fiscal efficiencies or provide investment opportunities to the commercial sector.
Reconceptualising Unaccompanied Child Asylum Seekers and the Law (Routledge Research in Asylum, Migration and Refugee Law)
by Jennifer L. WhelanUnaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of States to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and States. It proposes a new conceptual framework by applying international human rights law, childhood studies and vulnerability theory scholarship in analysing State obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms and a method to prioritise recommendations for reform. The book then illustrates the framework’s utility using Australia’s treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies.
Reconceptualizing Children's Rights in International Development
by Karl Hanson Olga NieuwenhuysBuilding on recent human rights scholarship, childhood studies and child rights programming, this conceptual framework on children's rights proposes three key-notions: living rights, or the lived experiences in which rights take shape; social justice, or the shared normative beliefs that make rights appear legitimate for those who struggle to get them recognised; and translations, or the complex flux between different beliefs and perspectives on rights and their codification. By exploring the relationships between these three concepts, the realities and complexities of children's rights are highlighted. The framework is critical of approaches to children as passive targets of good intentions and aims to disclose how children craft their own conceptions and practices of rights. The contributions offer important insights into new ways of thinking and research within this emerging field.
Reconceptualizing International Investment Law from the Global South
by Fabio Morosini Badin Michelle Ratton SanchezThis book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are currently rethinking how economic order should be constituted in order to advance their national interests and preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always sit well with mainstream versions promoted by the North. While we recognize that there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as the founding pillars of an alternative economic order.
Reconciliation and Repair: NOMOS LXV (NOMOS - American Society for Political and Legal Philosophy)
by Melissa Schwartzberg Eric BeerbohmFeatures contributions that respond to deep challenges to social cohesion from racial injusticeIn the latest installment of the NOMOS series, a distinguished group of interdisciplinary scholars explore the erosion—and potential rebuilding—of civic bonds in response to injustice, wrongdoing, and betrayal. Contributors address the possibility of reconciliation and repair, drawing on cutting-edge insights from the fields of political science, philosophy, and law. Nine timely essays explore our pivotal moment in history, from the question of reparations for slavery to the from the art—and impact—of the public apology.The editors of this volume encourage us to not only examine the roots of mistrust, but also to imagine a collective way forward, particularly as we face the continuing threat of the COVID-19 pandemic. Reconciliation and Repair provides thought-provoking perspectives in an age where they are desperately needed.
Reconciliation, Conflict Transformation, and Peace Studies
by Iyad Muhsen AlDajani Martin LeinerThis book, achieved in cooperation with the Academic Alliance for Reconciliation Studies in the Middle East and North Africa (AARMENA), focuses on peacebuilding, conflict transformation, and shifts toward approaching the reconciliation process as an inter-, trans- and multidisciplinary field. The research presented in the series focuses on the Middle East and North Africa, highlighting contributions by practitioners and scholars alike.The book is divided into five sections:Sections 1: Theoretical and Philosophical FrameworkSection 2: Digital Humanities on Reconciliation, Conflict Transformation, and Peace StudiesSection 3: Research Science on Reconciliation, Conflict Transformation, and Peace StudiesSection 4: Practices of Studies on Reconciliation, Conflict Transformation, and Peace StudiesSection 5: Cases Studies on Reconciliation, Conflict Transformation, and Peace StudiesThe book's first part focuses on theories and the philosophical framework for the research on reconciliation, conflict transformation, and peace studies. The second part of the book is dedicated to digital humanities development in the reconciliation and peace education field, its impact on the reconciliation process in societies, and the introduction of Artificial Intelligence in analysis techniques to differentiate and identify research in different domains. The book's third part is dedicated to the research on reconciliation and conflict transformation in different disciplines. The fourth part concentrates on the practices in the field, and the fifth part illustrates case studies on reconciliation, conflict transformation, and peace studies. The target audience is professors, scholars, practitioners, students, and scientists that are experts in the field of Middle East and North Africa.
Reconciliation, Heritage and Social Inclusion in the Middle East and North Africa
by Iyad Muhsen AlDajani Martin LeinerThis book, sponsored by the Academic Alliance for Reconciliation Studies in the Middle East and North Africa (AARMENA), focuses on peacebuilding, conflict transformation, and shifts toward approaching the reconciliation process as an inter-, trans- and multidisciplinary field. The research presented in the series focuses on the Middle East and North Africa, highlighting contributions by practitioners and scholars alike. This volume showcases research on Heritage, Reconciliation, and Social Inclusion in the Middle East and North Africa. It reflects various inter-, trans- and multidisciplinary approaches applied both theoretically and practically, and explores conflict transformation and transitional shifts towards peacebuilding and reconciliation in the MENA (Middle East and North Africa) region. The content is divided into five sections, the first of which examines the importance of reconciliation, peacebuilding, and social inclusion in contributions by experts in the field such as Martin Leiner, Wolfgang Dietrich, Mohammad Abu Nimer, Mohmmad Alshraideh and Iyad Aldajani. The second and third section explore digital humanities and the research sciences respectively, while the fourth turns to practices of heritage and reconciliation. The fifth section presents case studies on practices, conducted by expert researchers for heritage, reconciliation, and social inclusion in higher education.
A Reconciliation without Recollection?: An Investigation of the Foundations of Aboriginal Law in Canada (G - Reference, Information And Interdisciplinary Subjects Ser.)
by Joshua Ben NicholsThe current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada’s acceptance of the Crown’s assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada’s Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government. In A Reconciliation without Recollection, Joshua Ben David Nichols argues that if we are to find a meaningful path toward reconciliation, we will need to address the history of sovereignty without assuming its foundations. Exposing the limitations of the current model, Nichols carefully examines the lines of descent and association that underlie the legal conceptualization of the Aboriginal right to govern. Blending legal analysis with insights drawn from political theory and philosophy, A Reconciliation without Recollection is an ambitious and timely intervention into one of the most pressing concerns in Canada.
Reconciling Efficiency and Equity: A Global Challenge for Competition Policy (Global Competition Law and Economics Policy)
by Damien Gerard Ioannis LianosDue to the growing influence of economics and economists in competition law and policy discourse and the internationalization of antitrust, the equity versus efficiency trade-off debate has played a defining role in the transformation of the dominant paradigm governing competition law enforcement since at least the 1970s. The debate remains crucial today as issues of economic inequality and its interaction with efficiency become of central concern to policy and decision-makers in competition law, as well as in other spheres of public policy. Despite their central role in the grammar of competition law on the global plane, the intellectual underpinnings of the interactions between 'equity' and 'efficiency' in the context of competition law have never been examined in-depth. This book aims precisely to fill this gap by discussing new approaches in understanding the role of efficiency and equity concerns in competition law.
Reconciling Human Needs and Conserving Biodiversity: The Lake Tumba, Democratic Republic of Congo (Environmental History #12)
by Bila-Isia InogwabiniProtected areas have often been defined as the backbones of biodiversity conservation. Protected areas have often been defined as the backbones of biodiversity conservation. However, legitimate demands formulated by countries for their economic development, growing human populations, forest fragmentations, and needs of local communities for sustainable livelihoods are also pressing demands on protected areas, stringently pressuring conservation community to identify means to reconcile long term biodiversity conservation and communities’ livelihoods. Hence, integrating conservation activities within the global framework of economic development of countries with high biodiversity had become part of conservation paradigms. Integrated development as a route to conservation, strict protected areas, community managed areas, etc. have been tried but resulted in debatable outcomes in many ways. The lukewarm nature of these results brought ‘landscape approach’ at the front of biodiversity conservation in Central Africa. Since the late 1990s the landscape approach uses large areas with different functional attributes and shifts foundational biodiversity conservation paradigms. Changes are brought to the role traditionally attributed to local communities, aligning sustainable development with conservation and stretching conservation beyond the confines of traditional protected areas. These three shifts need a holistic approach to respond to different conservation questions. There are only a few instances where the landscape experience has been scientifically documented and lessons learnt drawn into a corpus of knowledge to guide future conservation initiatives across Central Africa. To subjugate one biodiversity conservation landscape as one case study emerged as a matter of urgency to present the potential knowledge acquired throughout the landscape experiment, including leadership and management, processes tried, results (at least partially) achieved, and why such and such other process or management arrangement were been chosen among many other alternatives, etc. The challenges of the implementation of the conservation landscape approach needed also to be documented. This book responds to the majority of these questions; drawing its content from the firsthand field knowledge, it discusses these shifts and documents what has been tried, how successful (unsuccessful) it was, and what lessons learnt from these trials. Theoretical questions such as threat index, and ecological services, etc. are also discussed and gaps in knowledge are identified.
Reconciling Indigenous Peoples’ Individual and Collective Rights: Participation, Prior Consultation and Self-Determination in Latin America (Indigenous Peoples and the Law)
by Jessika EichlerThis book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Reconciling Responsibility with Reality: A Comparative Analysis of Modes of Active Leadership Liability in International Criminal Law (International Criminal Justice Series #33)
by Johannes BlockThis book explores the issue of leadership criminality from a new angle by comparing two highly relevant modes of responsibility. By contrasting individual criminal responsibility for ordering international crimes with indirect perpetration through an organisation, it shows the doctrinal weaknesses of the latter and outlines the much-overlooked advantages of the former. The volume analyses the development of both forms of responsibility, looking at their origins, and their reception in academia and practical use in jurisprudence.The history of indirect perpetration through an organisation (Organisationsherrschaft) is portrayed from its German academic origin, through German jurisprudence to the reception of the doctrine at the International Criminal Court. By comparing the doctrine’s stages of evolution, the book sheds light on the different aspects of the various models of indirect perpetration through an organisation and carves out general and fundamental criticism of it. The characteristics of ordering liability are explored in depth through an analysis of jurisprudence of the Nuremberg subsequent trials, the ad hoc tribunals and the International Criminal Court. This historic and doctrinal comparison reveals a well-defined and to-date much neglected mode of responsibility with enormous potential for the adjudication of leadership figures in the ambit of international criminal law and only one conclusion can follow from this analysis: it calls for practitioners and academics to leave the well-trodden paths of national criminal law doctrine and embrace truly international modes of liability such as the ordering of a crime.This volume in the ICJ series provides practitioners, researchers and students with a detailed account of forms of leadership liability and an innovative approach to the topic’s most discussed issue.Dr. Johannes Block is a criminal lawyer specializing in international criminal law, responsibility of leadership figures, questions of perpetration and participation in crime as well as the national-socialists’ crimes. He studied in Münster, Germany and Bogotá, Colombia and obtained his Dr. iur. from the University of Cologne, where he also worked and taught as a research assistant for several years. His legal clerkship led him to organized crime investigations, criminal defence, the European Commission and the German Federal Ministry of Justice.
Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence (Studies in the History of Law and Justice #12)
by Ulrike MüßigThis second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)