abstract: This dissertation critically examines whether and how the practices involved in the crafting of the European Union may be said to go beyond modern statecraft. European integration should in part be seen as an attempt to transcend the modern state. Among many of the early proponents of European integration, the nation state had become associated with militarism, jingoism and ultimately, at least partly, to the blamed for the many devastating wars on the European continent, and even a normative order that made the Holocaust possible. Most other studies that have dealt with the EU's alleged difference from the modern state have employed an understanding of the state which confers a certain ontological standing and status onto its purported object of study. This dissertation argues that a critical approach to European integration needs to go beyond such a representationalist, ontologizing understanding of a political entity. Instead, in order to start addressing the question of state violence that European integration emerged as a response to, the crafting of the Europe Union needs to be problematized in relation to practices of statecraft. The dissertation also contends that previous engagements of European integration in relation to the modern state have neglected engaging the broader normative horizon in which the modern Westphalian state is inscribed. The first chapter puts forward a way of understanding modern statecraft. The subsequent chapters examine four different legitimation discourses of European integration against such an understanding: EU's failed Constitutional Treaty, EU's foreign policy discourse, European integration theory, and an instance of European migration policy. The dissertation concludes that the crafting of Europe in many ways resembles the crafting of the modern state. In fact, the crafting of the European Union is plagued by similar ethical dilemmas as the modern state, and ultimately animated by a similar desire to either expel or interiorize difference. / Dissertation/Thesis / Ph.D. Political Science 2012

This thesis attempts to use the exceptionally rich archives of the German Order to reveal something of the actuality of life in an aristocratic ecclesiastical corporation in society and under stress between c. 1410 and 1466. It differs from previous histories of the Order in that it attempts to combine analysis of longterm social change with a narrative of political events. The first chapter attempts to characterise German peasant society on the Marienburger Werder in the fourteenth and fifteenth centuries. It seeks to give precision to social and economic relationships and argues that peasant communal organisation and powers of resistance to seigneurial coercion were not retarded in medieval Prussia. The final part of the chapter tries to suggest some of the major contrasts between German and Prussian peasants. The second chapter is concerned with the social origins of the brethren of the Order; the way in which power was exercised and finally, with the quality of life enjoyed by members of the Order. The third chapter begins with an assessment of the social, economic and political consequences for Prussian society of the four major wars between the Order and Poland of 1410-1433. It then considers the Order's increased fiscal demands and the severer insistence upon its rights occasioned by war and the consequently sharpened hostility of Prussian society to the alien regime of the Order. The fourth chapter attempts to bring precision to the view expressed in the fifteenth century as well as by later historians that the Order was in need of reform in the later Middle Ages. It tries to show what was considered to be wrong and how members of the Order---including the rebels in the three Chapters of Konigsberg, Balga and Brandenburg---planned to reform the corporation. Finally, chapter five examines the role of the Prussian Estates and the formation of an alliance of townsmen and the landed classes designed to safeguard their privileges against encroachments on the part of the bankrupt lordship. The sequel was rebellion against the Order and a longing for the long-range lordship of the Poles.

English matrimonial law until the mid-nineteenth century was administered by the ecclesiastical courts. The high legal fees charged by these courts restricted the number of matrimonial disputes which came before them. Moreover they were not empowered to grant divorce a vinculo. This matrimonial relief could be obtained only from Parliament but few husbands could meet the heavy expenses of a Private Act. The transfer of divorce hearings to a civil court in 1857 benefitted the middle class, though the mass of the people still remained debarred by inability to pay legal and court fees. Wives were additionally handicapped by economic and legal disadvantages. The need to provide working class wives with a quick, cheap and accessible means of protection from cruel husbands led to the establishment of the matrimonial jurisdiction of magistrates' courts in 1878. Study of the resort to divorce before the Second World War shows that it was the de facto non-availability of divorce rather than the lack of acceptable grounds that resulted in the great majority of broken marriages being dealt with in the summary court. Concern over evidence that the inability of working class spouses to obtain divorce resulted in the formation of illicit unions, led to the development of legal aid provisions culminating in the Legal Aid and Advice Act of 1949. This Act has been of special benefit to wives seeking divorce. Legal Aid, higher real wages and greater acceptance of divorce within the community have allowed an increasing number of broken working class marriages to be dissolved. Findings from a sample of 1961 divorce petitions show that social class and the rate of divorce are inversely associated. However, a broad breakdown into a non-manual/manual dichotomy hides variations within individual class groupings. Thus, white-collar workers have a higher rate of divorce than do manual workers. The social class of petitioners was also found to be associated with such demographic characteristics such as age at marriage and divorce. Although the divorce courts have been opened to all sections of the population, the criminal courts continue to hear the matrimonial disputes of the very poor. Evidence from a survey of maintenance orders held in magistrates' courts in 1966 suggests that some 165,000 marriages are neither martially united nor legally dissolved. Half of these separated spouses never seek divorce.

This thesis studies the development of the power of judicature which was exercised jointly by the two Houses of Parliament in the early seventeenth century. It examines this against the background of the medieval procedural inheritance from the century after 1350 when a somewhat similar power was being exercised by Parliament; and it also sets the seventeenth-century development alongside the growth in the jurisdiction of each House separately in the early Stuart period. This study is concerned primarily with procedural developments, but the political circumstances from which these are derived are not completely ignored. It is argued that there was, in the early seventeenth century, a general but cautious expansion in the judicial activities of both Houses, together and separately. In this expansion, the revival of joint judicature is probably the most important theme, but it cannot be isolated from the remainder, upon which, as upon the medieval inheritance, it is, to some extent, dependent. It is suggested that joint judicature developed in a flexible and varied manner, responding more to the needs of the moment than to ary long-term objectives, evidence for the existence of which is lacking. This thesis also questions the view that joint judicature was revived in ary very mature form in 1621. It is argued that this opinion conceals the very important procedural developments which occurred during the trials of the 1620s, developments which may point to a change in the type of procedure used as the trials of the period became more openly political in character.

The Harleys were the only major Herefordshire gentry family to give their committed support to Parliament in 1642. The personal papers of both Sir Robert Harley and his wife, Lady Brilliana, allow a detailed study of the modes of thought which led the Harleys to oppose the King. The Harleys were guided primarily by their religious beliefs. They were puritans, who hoped that the Long Parliament would undertake sweeping Church reforms, and they perceived the war as a struggle by the godly for true religion. The Harleys' stand in the 1640s was directly linked to their anti-pathy towards Arminianism. Sir Robert's fear that the Arminians would subvert the State and Church to Catholicism is evident in his speeches in the 1628 Parliament. By 1641 the Harleys believed that only the abolition of episcopacy could rid the Church of Arminian and Catholic influences. Before 1640 the Harleys' puritanism had not entailed overt political opposition to the Crown, as is illustrated by Sir Robert's parliamentary career in the 1620s and by his achievement of court office in 1626. The Harleys were also accepted within the official and social networks of the Herefordshire gentry community". Thus in 1640 Sir Robert was returned as senior knight of the shire to both the Short and the Long Parliaments. After 1640 the Harleys became increasingly isolated from the most influential Herefordshire gentry, many of whom would be either committed Royalists or moderates in 1642. The Harley papers illustrate how differing long-term perceptions and beliefs combined with immediate issues to split the county "gentry community" in 1642. Although the Harleys were genuinely concerned by county interests, their puritanism involved them in an alternative set of loyalties, which were stronger than their loyalties either to the local "gentry community" or to the county community.

Despite an increasing awareness in the field of international relations of the importance of the Court of Justice of the European Communities in the process of European integration, few models have been devised to explain its role. Moreover, those models which have been formulated fail to withstand rigorous analysis. The current thesis examines several of the existing models, critiquing their respective weaknesses. Employing rational choice analysis, this research develops an alternative model, designated the architect's compromise model, to explain the role of the European Court of Justice (ECJ) in European integration and the acceptance of its judgements by the Member States. In addition to the general assumption that the Treaties of the European Communities do not form a constitution for the Communities, five assumptions form the foundation of the architect's compromise model. First, the key actors in the model are the ECJ and the Member States. Second, the actors are assumed to be rational, as defined as undertaking purposeful actions. Third, the ECJ is recognised as a strategic actor, employing a teleological approach to the Treaties of the European Communities. Fourth, the decisions of the ECJ usually conform to the long-term interests of the Member States as defined by the Treaties. Fifth, the Member States can be expected to abide by decisions of the European Court of Justice if its decisions conform to these long-term interests. To test these assumptions and the architect's compromise model of European integration, the thesis examines the doctrine of supremacy. After analysing supremacy in general, the thesis undertakes case studies on the acceptance of the doctrine of supremacy by the United Kingdom and Germany. Through the testing of the model, the research concludes that the architect's compromise offers an appropriate means of explaining the European Court's role in the process of European integration.

The interaction of Community and European Political Cooperation (EPC) affairs is a subject which has been neglected in the research on European integration. While legal scholars have partially taken up the complex task of treaty exegesis, there has been a dearth of research from the political perspective. This thesis fills a major gap in the discussion of EPC from theoretical, analytical and empirical aspects. Thus, it explores from a Community perspective not only the normative question of whether the European Community (EC) requires or even desires an institutionalised, external political voice to fulfil its role as an international trade alliance; but also, and more important, it examines the political linkages implicit in and inseparable from economic decisions and actions. In this context the thesis examines, through a series of case studies, the issues and tensions that have come about and still exist in the European Community in the interplay between forces of integration, external relations, and EPC: the aspiration for political integration on one hand, and the desire by the member states of the Community to retain independence on the other. The resulting tension from these forces is best reflected in the relationship between EC external economic relations, and European Political Cooperation, manifested in the quest for actorness by the Community.

No description available.

No description available.

<p> Some linguists in the nineteenth century argued for the existence of a &ldquo;Turanian&rdquo; family of languages in Eastern Europe and Northern Asia, claiming the common descent of a vast range of languages like Hungarian, Finnish, Turkish, Mongol, Manchu, and their relatives and dialects. Of such linguists, Friedrich Max M&uuml;ller (1823&ndash;1900) was an important developer and popularizer of a version of the Turanian theory across Europe, given his influence as a German-born Oxford professor in Victorian England from the 1850s onwards. Although this theory lost ground in academic linguistics from the mid twentieth century, a pan-nationalist movement pushing for the political unity of all Turanians emerged in Hungary and the Ottoman Empire from the <i> Fin-de-si&egrave;cle</i> era. This thesis focuses on the history of this linguistic theory in the nineteenth century, examining M&uuml;ller&rsquo;s methodology and assumptions behind his Turanian concept. It argues that, in the comparative-historical trend in linguistics in an age of European imperialism, M&uuml;ller followed evolutionary narratives of languages based on word morphologies in which his contemporaries rationalized the superiority of &ldquo;inflectional&rdquo; Indo-European languages over &ldquo;agglutinating&rdquo; Turanian languages. Building on the &ldquo;Altaic&rdquo; theory of the earlier Finnish linguist and explorer Matthias Castr&eacute;n, M&uuml;ller factored in the more primitive nomadic lifestyle of many peoples speaking agglutinating languages to genealogically group them into the Turanian family. M&uuml;ller&rsquo;s universalist Christian values gave him a touch of sympathy for all human languages and religions, but he reinforced the hierarchical view of cultures in his other comparative sciences of mythology and religion as well. This picture was challenged in the cultural pessimism of the <i>Fin de si&egrave;cle </i> with the Pan-Turanists turning East to their nomadic heritage for inspiration.</p><p>