Public International Law


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Les droits de l'homme à l'aube du XXIe siècle


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Droits de l'homme


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Droits de l'homme


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Legitimacy and History


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For Americans, legitimate government means self-government. In this brilliant and disturbing analysis, Paul W. Kahn shows that the American Constitution itself makes self-government impossible. Constitutional theory, he argues, has been a history of failed attempts to resolve this paradox.







The French Revolution


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The fall of the Bastille on July 14, 1789 has become the commemorative symbol of the French Revolution. But this violent and random act was unrepresentative of the real work of the early revolution, which was taking place ten miles west of Paris, in Versailles. There, the nobles, clergy and commoners of France had just declared themselves a republic, toppling a rotten system of aristocratic privilege and altering the course of history forever. The Revolution was led not by angry mobs, but by the best and brightest of France's growing bourgeoisie: young, educated, ambitious. Their aim was not to destroy, but to build a better state. In just three months they drew up a Declaration of the Rights of Man, which was to become the archetype of all subsequent Declarations worldwide, and they instituted a system of locally elected administration for France which still survives today. They were determined to create an entirely new system of government, based on rights, equality and the rule of law. In the first three years of the Revolution they went a long way toward doing so. Then came Robespierre, the Terror and unspeakable acts of barbarism. In a clear, dispassionate and fast-moving narrative, Ian Davidson shows how and why the Revolutionaries, in just five years, spiralled from the best of the Enlightenment to tyranny and the Terror. The book reminds us that the Revolution was both an inspiration of the finest principles of a new democracy and an awful warning of what can happen when idealism goes wrong.




Torture Garden


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One evening some friends were gathered at the home of one of our most celebrated writers. Having dined sumptuously, they were discussing murder—apropos of what, I no longer remember probably apropos of nothing. Only men were present: moralists, poets, philosophers and doctors—thus everyone could speak freely, according to his whim, his hobby or his idiosyncrasies, without fear of suddenly seeing that expression of horror and fear which the least startling idea traces upon the horrified face of a notary. I—say notary, much as I might have said lawyer or porter, not disdainfully, of course, but in order to define the average French mind. With a calmness of spirit as perfect as though he were expressing an opinion upon the merits of the cigar he was smoking, a member of the Academy of Moral and Political Sciences said: “Really—I honestly believe that murder is the greatest human preoccupation, and that all our acts stem from it... “ We awaited the pronouncement of an involved theory, but he remained silent. “Absolutely!” said a Darwinian scientist, “and, my friend, you are voicing one of those eternal truths such as the legendary Monsieur de La Palisse discovered every day: since murder is the very bedrock of our social institutions, and consequently the most imperious necessity of civilized life. If it no longer existed, there would be no governments of any kind, by virtue of the admirable fact that crime in general and murder in particular are not only their excuse, but their only reason for being. We should then live in complete anarchy, which is inconceivable. So, instead of seeking to eliminate murder, it is imperative that it be cultivated with intelligence and perseverance. I know no better culture medium than law.” Someone protested. “Here, here!” asked the savant, “aren't we alone, and speaking frankly?” “Please!” said the host, “let us profit thoroughly by the only occasion when we are free to express our personal ideas, for both I, in my books, and you in your turn, may present only lies to the public.” The scientist settled himself once more among the cushions of his armchair, stretched his legs, which were numb from being crossed too long and, his head thrown back, his arms hanging and his stomach soothed by good digestion, puffed smoke−rings at the ceiling: “Besides,” he continued, “murder is largely self−propagating. Actually, it is not the result of this or that passion, nor is it a pathological form of degeneracy. It is a vital instinct which is in us all—which is in all organized beings and dominates them, just as the genetic instinct. And most of the time it is especially true that these two instincts fuse so well, and are so totally interchangeable, that in some way or other they form a single and identical instinct, so that we no longer may tell which of the two urges us to give life, and which to take it—which is murder, and which love. I have been the confidant of an honorable assassin who killed women, not to rob them, but to ravish them. His trick was to manage things so that his sexual climax coincided exactly with the death−spasm of the woman: 'At those moments,' he told me, 'I imagined I was a God, creating a world!”