EUROPE&#039;S CALL TO ARMS

Prof. Dr. Ciro Sbailò

doi:10.5771/9783748938835

Summary

In the third millennium, the world is witnessing a growing gap between the development of technology – which has an exponential trend – and the development of legal and political structures – which has a linear trend. This gap, then, intertwines with the gap between Westernization and global Democratization. Europe, therefore, is facing new geopolitical threats that require, among other things, a rethinking of the role of the European Legal Scholar. The Author reframes this role starting from a reinterpretation of Legal Nihilism. On this basis, the Author argues that European constitutional doctrine should now focus primarily on the concrete conditions for the protection of European interests and values, starting with the military defence of Europe within the Atlantic Alliance. The cultural, political, and technical perspectives of European Defence are then examined. The wars and geopolitical crises of the 2020s led to a rapid Politicization of the European public sphere, which responds to the crucial interest of the entire West. All things considered, Democracies are proving to be far more resilient than expected. Ciro Sbailò is Full Professor of Comparative Public Law and Dean of the Faculty of Political Science and Psychosocial Studies at University of International Studies of Rome – UNINT.

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Bibliographic data

Copyright year: 2023
Publication date: 23.03.2023
ISBN-Print: 978-3-7560-0527-7
ISBN-Online: 978-3-7489-3883-5
Publisher: Nomos, Baden-Baden
Series: Internationales Recht der Gegenwart
Volume: 8
Language: English
Pages: 171
Product type: Book Titles

Titelei/Inhaltsverzeichnis No access Pages 1 - 14
Introduction. Who are Public Law Scholars and what they do today No access Pages 15 - 30
1. 1. 1.1. Against the “artificial” nature of Democratic Constitutions No access
  2. 1.2. An ideological interpretation of the Historismus No access
  3. 1.3. A Self-contradictory approach to the “relativism” issue No access
2. 1. 2.1. An originary link No access
  2. 2.2. The impossible and necessary foundation No access
3. 1. 3.1. Identifying the contradiction of “nothing” with its positive meaning ... No access
  2. 3.2 … by isolating Difference (and vice versa) No access
4. 1. 4.1. The essence of the West No access
  2. 4.2. Böckenförde’s fake paradox No access
5. 1. 5.1. If a value can be destroyed it is because it was created No access
  2. 5.2. Why Legal Nihilism is not just a “cultural phenomenon” and much less a “current” of thought No access
6. 1. 6.1. The destruction of the Immutables No access
  2. 6.2. The essential way-of-being of the Purposes No access
7. 1. 7.1. Legal comparison as annihilation of differences No access
  2. 7.2. Legalization of public space due to the Technicization of Law No access
8. 1. 8.1. No representation without dissolution No access
  2. 8.2. The impossibile αὐτονομία No access
9. 1. 9.1. The Grundnorm as a paradigm No access
  2. 9.2. Bringing to light the voluntaristic nature of Legal representations No access
10. 1. 10.1. If sovereignty gets rid of the State ... No access
  2. 10.2 …the positivization of Law takes on new forms No access
11. 1. 11.1. The Growing crisis of Western democracy No access
  2. 11.2. Westernization - Western cultural hegemony: an increasing gap No access
  3. 11.3. Technique is not neutral No access
  4. 11.4. The persistent “granular” representation of the European public space No access
  5. 11.5. The misleading contrast between Technique and Politics No access
  6. 11.6. Dealing with the Politization of Europe issue by Adopting a concrete and hermeneutical-oriented approach No access
1. 1. 1.1. Not taking them as values in themselves No access
  2. 1.2. Integration, inclusion, assimilation No access
  3. 1.3. Schmitt and Rawls in mutual opposition No access
  4. 1.4. Habermas’ “via media” No access
2. 2. Deconstructing the myth of relativism No access
3. 3. Legal comparison as the origin and structure of legal knowledge No access
4. 4. Originary relationship between Legal comparison and Public Law (and crisis of the Foundation as well) No access
5. 5. Constitutional mereology and the Will-to-Power No access
6. 1. 6.1. The «Isolation of the Earth» No access
  2. 6.2. Legal positivism as an original trait of the Western jus No access
7. 7. Recognizing the structural aporias of “citizenship” No access
1. 1. 1.1. The Lordness of Technique No access
  2. 1.2. What exactly does the “Decline of Ideology” mean No access
  3. 1.3. «Power needs to be “recognized” as such No access
  4. 1.4. Westernization-Violence: the link is correct, but ... No access
2. 2. The impossible marriage between Kant and Warhol No access
3. 3. The forces of “Tradition” that challenge Europe No access
4. 4. The West under indictment No access
5. 5. …but everything moves along its horizon. No access
1. 1. 1.1. After the Cold War, the post Cold War was also over No access
  2. 1.2. Strengthening the defence sector in EU countries No access
  3. 1.3. The industrial question: how much does non-Europe cost? No access
2. 1. 2.1. The structural enlargement of NATO mission No access
  2. 2.2. A hermeneutic-constructive approach to the defence of the West, beyond the contrast between interests and values No access
  3. 2.3. The Taiwan crisis and the NATO focus on the Indo-Pacific No access
3. 1. 3.1. The Mediterranean question No access
  2. 3.2. Does Europe remain (or return) Westphalian after the end of the Cold War? No access
4. 1. 4.1. Beyond the State/Non-State dichotomy No access
  2. 4.2. Some experiences of bilateral cooperation No access
  3. 1. 4.3.1. A fundamental test bed No access
    2. 4.3.2. A persistent Westphalian approach No access
    3. 4.3.3. Reflections on prospects of European Intelligence, by adopting the comparison between Spanish and Italian experience as a case study No access
5. 1. 5.1. A qualitative, not only quantitative, phenomenon No access
  2. 5.2. Transnational Islamic terrorism and “antagonistic integration” No access
  3. 5.3. Cybersecurity No access
  4. 5.4. Technique will lead the war No access
Epilogue No access Pages 167 - 171