48 research outputs found

    Governmentality, rights and EU legal scholarship: a Foucauldian analysis

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    The Fundamental Rights Agency (FRA) of the European Union came into being on 1 March 2007 and represents a new institution for human rights protection in the EU. This thesis undertakes a critical analysis of the FRA from a governmentality perspective. Governmentality refers to a particular critical standpoint, inspired by the work of Michel Foucault, which is concerned with power relations as processes of government. The features of the FRA, its structure and functions, are framed using "governance talk". The particular features which this thesis is interested in analysing are: the multiplicity of actors which make up the network structure of the Agency, their classification as experts, and the collection of information and data as statistics. The thesis demonstrates that these features, conceptualised as governance in institutional discourse, are actually features of governmentality. I therefore suggest that the rights discourse of the FRA is a discourse of governmentality. Moreover, I show how governmentality necessarily involves self-government: the actors and experts in the FRA's rights discourse govern themselves. This has significant implications for rights discourse: it reveals processes of governing (through) rights. On the one hand, we witness processes of the government of rights through experts and statistics. On the other, we are alerted to government in the name of rights. The thesis therefore intervenes within the EU's rights and governance discourses: it exposes the relations of power (as governmentality) that conventional "governance talk" tries to hide. It highlights the elusive novelty of theorising, and of critique, in EU legal scholarship on rights. By presenting a new perspective on the rights discourse of the FRA using governmentality, this thesis seeks to contribute to EU legal scholarship on rights, filling a glaring and significant gap in the literature

    Governmentality, rights and EU legal scholarship: a Foucauldian analysis

    Get PDF
    The Fundamental Rights Agency (FRA) of the European Union came into being on 1 March 2007 and represents a new institution for human rights protection in the EU. This thesis undertakes a critical analysis of the FRA from a governmentality perspective. Governmentality refers to a particular critical standpoint, inspired by the work of Michel Foucault, which is concerned with power relations as processes of government. The features of the FRA, its structure and functions, are framed using "governance talk". The particular features which this thesis is interested in analysing are: the multiplicity of actors which make up the network structure of the Agency, their classification as experts, and the collection of information and data as statistics. The thesis demonstrates that these features, conceptualised as governance in institutional discourse, are actually features of governmentality. I therefore suggest that the rights discourse of the FRA is a discourse of governmentality. Moreover, I show how governmentality necessarily involves self-government: the actors and experts in the FRA's rights discourse govern themselves. This has significant implications for rights discourse: it reveals processes of governing (through) rights. On the one hand, we witness processes of the government of rights through experts and statistics. On the other, we are alerted to government in the name of rights. The thesis therefore intervenes within the EU's rights and governance discourses: it exposes the relations of power (as governmentality) that conventional "governance talk" tries to hide. It highlights the elusive novelty of theorising, and of critique, in EU legal scholarship on rights. By presenting a new perspective on the rights discourse of the FRA using governmentality, this thesis seeks to contribute to EU legal scholarship on rights, filling a glaring and significant gap in the literature

    Legal research methodologies in European Union and international law: research notes (part 2)

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    This is the second part of a series of three 'research note' articles looking at an AHRC funded project on the various research methodologies used by European Union and International Law researchers. The first part was published in the JCER (Volume 3: Issue 2 - 2007) third part will be published in September 2008

    Performing struggle: parrhēsia in Ferguson

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    ‘The enigma of revolts.’ You can almost hear the sigh at the end of this sentence. Foucault is making a statement here, published under the title ‘Useless to Revolt’, on that ‘impulse by which a single individual, a group, a minority, or an entire people says, “I will no longer obey”’. In this short piece, I question the two sides of the enigma – how to label the revolt – is the act of rioting, such as what we witnessed in Ferguson, Missouri in August 2014 ‘proper resistance’ – and, how to understand the ēthos of the rioter. The label of counter-conduct, I argue clarifies the enigma as it allows us, challenges us even, to see the event as political. Counter-conduct provides a new framework for reading spontaneous and improvised forms of political expression. The rioter can then be seen as political and rational, as demonstrating ethical behavior. The ēthos of this behavior is represented as an ethics of the self, a form of parrhēsia where the rioter risks herself and shows courage to tell the truth, the story of her community

    The political import of deconstruction—Derrida’s limits?: a forum on Jacques Derrida’s specters of Marx after 25 Years, part I

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    Jacques Derrida delivered the basis of The Specters of Marx: The State of the Debt, the Work of Mourning, & the New International as a plenary address at the conference ‘Whither Marxism?’ hosted by the University of California, Riverside, in 1993. The longer book version was published in French the same year and appeared in English and Portuguese the following year. In the decade after the publication of Specters, Derrida’s analyses provoked a large critical literature and invited both consternation and celebration by figures such as Antonio Negri, Wendy Brown and Frederic Jameson. This forum seeks to stimulate new reflections on Derrida, deconstruction and Specters of Marx by considering how the futures past announced by the book have fared after an eventful quarter century. Maja Zehfuss, Antonio Vázquez-Arroyo and Dan Bulley and Bal Sokhi-Bulley offer sharp, occasionally exasperated, meditations on the political import of deconstruction and the limits of Derrida’s diagnoses in Specters of Marx but also identify possible paths forward for a global politics taking inspiration in Derrida’s work of the 1990s
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