Book Description
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
Author : David Traven
Publisher : Cambridge University Press
Page : 327 pages
File Size : 18,19 MB
Release : 2021-07
Category : Law
ISBN : 1108845002
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
Author : Jeffrey T. Martin
Publisher : Cornell University Press
Page : 186 pages
File Size : 49,38 MB
Release : 2019-10-15
Category : Social Science
ISBN : 1501740067
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.
Author : Gerry Simpson
Publisher : Oxford University Press
Page : 241 pages
File Size : 23,17 MB
Release : 2021
Category : International law
ISBN : 0192849794
The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.
Author : Jonas Bens
Publisher : Cambridge University Press
Page : 257 pages
File Size : 20,2 MB
Release : 2022-05-19
Category : Law
ISBN : 1009080806
Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
Author : Yohan Ariffin
Publisher : Cambridge University Press
Page : 433 pages
File Size : 30,63 MB
Release : 2016-01-11
Category : Political Science
ISBN : 1107113857
This book investigates collective emotions in international politics, with examples from 9/11 and World War II to the Rwandan genocide.
Author : Emer de Vattel
Publisher :
Page : 668 pages
File Size : 32,50 MB
Release : 1856
Category : International law
ISBN :
Author : Jan Klabbers
Publisher : Cambridge University Press
Page : 423 pages
File Size : 45,24 MB
Release : 2022-03-10
Category : Law
ISBN : 1108842208
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author : Susan A. Bandes
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 29,72 MB
Release : 2021-04-30
Category : Law
ISBN : 1788119088
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author : Paul D. Miller
Publisher : Cambridge University Press
Page : 277 pages
File Size : 24,11 MB
Release : 2021-01-07
Category : Political Science
ISBN : 1108892418
When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.
Author : Jack L. Goldsmith
Publisher : Oxford University Press
Page : 271 pages
File Size : 17,29 MB
Release : 2005-02-03
Category : Law
ISBN : 0199883378
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.