Can Might Make Rights?


Book Description

This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.




Rights Make Might


Book Description

Winner of the American Sociological Association's 2019 Asia and Asian American Section Book Award Winner of the American Sociological Association's 2019 Political Sociology Section Distinguished Contribution to Scholarship Book Award Since the late 1970s, the three most salient minority groups in Japan - the politically dormant Ainu, the active but unsuccessful Koreans, and the former outcaste group of Burakumin - have all expanded their activism despite the unfavorable domestic political environment. In Rights Make Might, Kiyoteru Tsutsui examines why, and finds an answer in the galvanizing effects of global human rights on local social movements. Tsutsui chronicles the transformative impact of global human rights ideas and institutions on minority activists, which changed their understandings about their standing in Japanese society and propelled them to new international venues for political claim making. The global forces also changed the public perception and political calculus in Japan over time, catalyzing substantial gains for their movements. Having benefited from global human rights, all three groups repaid their debt by contributing to the consolidation and expansion of human rights principles and instruments outside of Japan. Drawing on interviews and archival data, Rights Make Might offers a rich historical comparative analysis of the relationship between international human rights and local politics that contributes to our understanding of international norms and institutions, social movements, human rights, ethnoracial politics, and Japanese society.




Making Rights Claims


Book Description

Is the act of rights claiming a form of political contestation that advances democracy? Rather than simply taking a side for or against rights claiming, Making Rights Claims argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming.




"Right Makes Might"


Book Description

“A powerful and timely addition to the literature of rhetoric and folklore.” —Choice In 1860, Abraham Lincoln employed the proverb Right makes might—opposite of the more aggressive Might makes right—in his famed Cooper Union address. While Lincoln did not originate the proverb, his use of it in this critical speech indicates that the fourteenth century phrase had taken on new ethical and democratic connotations in the nineteenth century. In this collection, famed scholar of proverbs Wolfgang Mieder explores the multifaceted use and function of proverbs through the history of the United States, from their early beginnings up through their use by such modern-day politicians as Barack Obama, Hillary Rodham Clinton, and Bernie Sanders. Building on previous publications and unpublished research, Mieder explores sociopolitical aspects of the American worldview as expressed through the use of proverbs in politics, women’s rights, and the civil rights movement—and by looking at the use of proverbial phrases, Mieder demonstrates how one traditional phrase can take on numerous expressive roles over time, and how they continue to play a key role in our contemporary moment.




The Cambridge Companion to the Rule of Law


Book Description

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.




Expert Ignorance


Book Description

Today, a transnational constellation of 'rule of law' experts advise on 'good' legal systems to countries in the Global South. Yet these experts often claim that the 'rule of law' is nearly impossible to define, and they frequently point to the limits of their own expertise. In this innovative book, Deval Desai identifies this form of expertise as 'expert ignorance'. Adopting an interdisciplinary approach, Desai draws on insights from legal theory, sociology, development studies, and performance studies to explore how this paradoxical form of expertise works in practice. With a range of illustrative cases that span both global and local perspectives, this book considers the impact of expert ignorance on the rule of law and on expert governance more broadly. Contributing to the study of transnational law, governance, and expertise, Desai demonstrates the enduring power of proclaiming what one does not know. This title is available as Open Access on Cambridge Core.




Can War Be Justified?


Book Description

Can war be justified? Pacifists answer that it cannot; they oppose war and advocate for nonviolent alternatives to war. But defenders of just war theory argue that in some circumstances, when the effectiveness of nonviolence is limited, wars can be justified. In this book, two philosophers debate this question, drawing on contemporary scholarship and new developments in thinking about pacifism and just war theory. Andrew Fiala defends the pacifist position, while Jennifer Kling defends just war traditions. Fiala argues that pacifism follows from the awful reality of war and the nonviolent goal of building a more just and peaceful world. Kling argues that war is sometimes justified when it is a last-ditch, necessary effort to defend people and their communities from utter destruction and death. Pulling from global traditions and histories, their debate will captivate anyone who has wondered or worried about the morality of political violence and military force. Topics discussed include ethical questions of self-defense and other-defense, the great analogy between individuals and states, evolving technologies and methods of warfighting, moral injury and post-traumatic stress disorder, broader political and communal issues, and the problem of regional security in a globalizing world. The authors consider cultural and religious issues as well as the fundamental question of moral obligation in a world saturated in military conflict. The book was written in the aftermath of the war on terrorism and includes reflection on lessons learned from the past decades of war, as well as hopes for the future in light of emerging threats in Europe and elsewhere. The book is organized in a user-friendly fashion. Each author presents a self-contained argument, which is followed by a series of responses, replies, and counter-arguments. Throughout, the authors model civil discourse by emphasizing points of agreement and remaining areas of disagreement. The book includes reader-friendly summaries, a glossary of key concepts, and suggestions for further study. All of this will help students and scholars follow the authors’ dialogue so they may develop their own answer to the question of whether war can be justified. Key Features Summarizes the debate between pacifism and just war theory Considers historical and traditional sources as well as contemporary scholarship and applications Models philosophical dialogue and civil discourse, while seeking common ground Discusses issues of concern in contemporary warfighting and peacemaking, while offering an analysis of the war on terrorism




On Knowing


Book Description

As a philosopher, Richard McKeon spent his career developing Pragmatism in a new key, specifically by tracing the ways in which philosophic problems arise in fields other than philosophy—across the natural and social sciences and aesthetics—and showed the ways in which any problem, pushed back to its beginning or taken to its end, is a philosophic problem. The roots of this book, On Knowing—The Social Sciences, are traced to McKeon’s classes where he blended philosophy with physics, ethics, politics, history, and aesthetics. This volume—the second in a series—leaves behind natural science themes to embrace freedom, power, and history, which, McKeon argues, lay out the whole field of human action. The authors McKeon considers—Hobbes, Machiavelli, Spinoza, Kant, and J. S. Mill—show brilliantly how philosophic methods work in action, via analyses that do not merely reduce or deconstruct meaning, but enhance those texts by reconnecting them to the active history of philosophy and to problems of ethics, politics, and history. The waves of modernism and post-modernism are receding. Philosophic pluralism is now available, fully formulated, in McKeon’s work, spreading from the humanities to the social sciences.




Facing Up to Scarcity


Book Description

Facing Up to Scarcity offers a powerful critique of the nonconsequentialist approaches that have been dominant in Anglophone moral and political thought over the last fifty years. In these essays Barbara H. Fried examines the leading schools of contemporary nonconsequentialist thought, including Rawlsianism, Kantianism, libertarianism, and social contractarianism. In the realm of moral philosophy, she argues that nonconsequentialist theories grounded in the sanctity of "individual reasons" cannot solve the most important problems taken to be within their domain. Those problems, which arise from irreducible conflicts among legitimate (and often identical) individual interests, can be resolved only through large-scale interpersonal trade-offs of the sort that nonconsequentialism foundationally rejects. In addition to scrutinizing the internal logic of nonconsequentialist thought, Fried considers the disastrous social consequences when nonconsequentialist intuitions are allowed to drive public policy. In the realm of political philosophy, she looks at the treatment of distributive justice in leading nonconsequentialist theories. Here one can design distributive schemes roughly along the lines of the outcomes favoured—but those outcomes are not logically entailed by the normative premises from which they are ostensibly derived, and some are extraordinarily strained interpretations of those premises. Fried concludes, as a result, that contemporary nonconsequentialist political philosophy has to date relied on weak justifications for some very strong conclusions.




The Concept of Group Rights in International Law


Book Description

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.