•  25
    Realism Today: On Dagan’s Quest Beyond Cynicism and Romanticism in Law
    International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2): 401-422. 2015.
    This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that the core di…Read more
  •  16
    Note on Ernst Cassirer's Years in Sweden
    Rivista di Filosofia 103 (2): 277-304. 2012.
  •  7
    Women in Philosophy: Voices from Scandinavia – An Introduction
    with Elena Prats
    Theoria 86 (6): 704-708. 2020.
  •  6
    Introduction - Justice of Others: Arbitrary Law-making in Contemporary Migration Policy
    Etikk I Praksis - Nordic Journal of Applied Ethics 14 (2). 2020.
    Does the regulation of migration constitute a blatant case of arbitrary law-making? What is arbitrary law-making? And how does it manifest itself in contemporary migration policy? These are pressing issues that the scholars who come together in this special issue seek to engage with, by exploring international migration from the point of view of arbitrary power. When does legitimate state discretion slide into an exercise of arbitrary power? Since we cannot address what we do not understand, the…Read more
  •  5
    When the German constitutional court expressed itself in the Lisbon ruling, on the 30th of June 2009, the famous German newspaper Der Bild published the corrosive headline “the end of federalism”. The aim of this paper is to present and discuss the arguments of the Court concerning the nature of the EU as a confederation, the illegitimacy of further development towards a federal state and the determination of the EU’s ‘core competences’, in order to shed light on why, within the EU, the relation…Read more
  •  4
    “Citizenship is the right to have rights” was famously claimed by Hannah Arendt. Te case of the ‘erased’ of Slovenia sheds new light on this assumption that was supposedly put to rest afer World War II. We lack a comprehensive paradigm for grasping what citizenship means today in and to our societies. My thesis is that there are currently three ways to understand the notion. These different views tend to merge and overlap in the today’s debate, furthering misunderstandings. I will account for di…Read more
  •  4
    The paper explores forms of arbitrariness in relation to citizenship and migration policies. Non-national disenfranchisement follows from certain migration policies, and these may be cast as an arbitrary form of domination, that may undermine political legitimacy. Political exclusion is the vertex of a chain of other forms of exclusion: the denizenship of the politically powerless is particularly bothersome because liberal-democratic systems lack incentives to promote their rights. We have singl…Read more
  •  4
    When is lack of emotion a problem for justice? Four views on legal decision makers’ emotive life
    Critical Review of International Social and Political Philosophy 1-16. forthcoming.
  •  3
    The Maastricht Treaty first introduced the status of EU citizenship. The twentieth anniversary of the signing of the Treaty, marked in 2013, was declared the European Year of the Citizen. Union citizenship has been understood as the world’s first post-national citizenship, although it is still complementary to national citizenships. EU citizens enjoy rights that have been expanded, modified, and reinterpreted in light of the EU integration process. The Court of Justice of the European Union has …Read more
  •  2
    In this chapter I explore what happens to British nationals after Brexit in relation to EU citizenship. Some Union citizens will lose their “fundamental status” in 2019: all British nationals of exclusively British nationality. The problems faced by British citizens resident in member states of the European Union after Brexit and British nationals living in the UK are in focus. In the first section I tell my own life story: the tale of an EU citizen with the view to present the highlights of the…Read more
  •  1
    Towards a Theory of Arbitrary Law-making in Migration Policy
    Etikk I Praksis - Nordic Journal of Applied Ethics 2 9-33. 2020.
    The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the law has hig…Read more
  •  1
    This case study considers Internet exchange points as an example of governance processes in action. Internet exchange points are the points of connection between different Internet networks, which enable different networks to exchange traffic at a shared facility without cost to either party through a process known as “peering”. Three different IXP governance models representing large and influential IXPs are compared: the DE-CIX in Frankfurt, CAIX in Cairo, and KIXP in Nairobi. DE-CIX, the larg…Read more
  •  1
    The Justice of Others
    Etikk I Praksis - Nordic Journal of Applied Ethics 2 1-7. 2020.
    The special issue covers both fronts by presenting a conceptual analysis of arbitrary law-making that sets out to typify its various meanings, along an empirical account of its actual functioning in legal and political practice. As arbitrariness becomes a pressing concern for lawyers, politicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities vis-a-vis legal subjects, its social impact as well as its political consequences must be taken into …Read more