The Political De-Determination of Legal Rules and the Contested Meaning of the ‘No Bailout’ Clause

Traditional debates on legal theory have devoted a great deal of attention to the question of the determinacy of legal rules. With the aid of social sciences and linguistics, this article suggests a way out of the ‘determinate-indeterminate’ dichotomy that has dominated the academic debate on the topic so far. Instead, a dynamic approach is proposed, in which rules are deemed to undergo processes of political ‘de-determination’ and ‘re-determination’. To illustrate this, the article uses the example of Art. 125 of the Treaty on the Functioning of the European Union, the ‘no bailout’ provision, which played a major role in the management of the Euro-crisis. As will be shown, with the start of the crisis, this provision, whose meaning was once scarcely controversial, became the object of intense interpretative disagreement. As it became politically relevant, the rule also became the site of interpretative competitions, until the intervention of the European Court of Justice disambiguated and redefined its meaning

Agency, design and ‘slow democracy’

Can democracy be resilient in an increasingly ‘high-speed society’? Social acceleration, some critics argue, poses a serious threat to the idea and practice of democracy. Others invoke but do not develop the idea of ‘slow democracy’ as one important response to this threat. Despite its importance, the critique and response lack analytical depth. In this context, and in an effort to rebuild the debate on a stronger and more fruitful base, the article underscores the potential of political agency to shape democracy’s temporality and reframes ‘slow democracy’ as a challenge of democratic design

The ‘return’ of the national state in the current crisis of the world market

The period from the 1970s to the 1990s saw much discussion about the declining power of national states in the face of internationalization and, later, globalization. This topic has been explored within the Conference of Socialist Economists since its founding meeting in October 1970, as well as in many issues of its Bulletin and, later, in Capital & Class. The global economic crisis has reinvigorated this debate, and invites a return to some of the first principles of historical materialism. Starting with Marx and Engels’ discussion of the world market and national states, I explore the impact of neoliberalism on both aspects of this relation and then draw some general conclusions

'Busyness' and the preclusion of quality palliative district nursing care

Ethical care is beginning to be recognised as care that accounts for the views of those at the receiving end of care. However, in the context of palliative and supportive district nursing care, the patients' and their carers' views are seldom heard. This qualitative research study explores these views. Data were collected through semi-structured interviews with 26 patients with palliative and supportive care needs receiving district nursing care, and 13 of their carers. Participants were recruited via community nurses and hospices between September 2010 and October 2011. Post-structural discourse analysis is used to examine how discourses operate on a moral level. One discourse, 'busyness', is argued to preclude a moral form of nursing care. The discourse of friendship is presented to contrast this. Discussion explores Gallagher's 'slow ethics' and challenges the currently accepted ways of measuring to improve quality of care concluding that quality cannot be measured