Author : Clark Butler
Publisher : Purdue University Press
Page : 202 pages
File Size : 29,12 MB
Release : 2007
Category : History
ISBN : 9781557534279
Neither journalistic nor sensationalistic eye-witness accounts, this is the first book of serious reflection on the moral background and issues of internal legality surrounding the events of Guantanamo Bay.
Author : Azadeh Dastyari
Publisher : Cambridge University Press
Page : 287 pages
File Size : 11,30 MB
Release : 2015-07-20
Category : Political Science
ISBN : 1316352447
This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.
Author : Imke Köhler
Publisher : Walter de Gruyter GmbH & Co KG
Page : 294 pages
File Size : 32,7 MB
Release : 2019-03-04
Category : Political Science
ISBN : 3110626055
There is great power in the use of words: words create most of what we consider to be real and true. Framing our words and narratives is thus a tool of power – but a power that also comes with limitations. This intriguing issue is the topic of Framing the Threat, an investigation of the relationship between language and security and of how discourse creates the scope of possibility for political action. In particular, the book scrutinizes and compares the security narratives of the former US presidents George W. Bush and Barack Obama. It shows how their framings of identity, i.e., of the American ‘self’ and the enemy ‘other’ facilitated a certain construction of threat that shaped the presidents’ detention and interrogation policies. By defining what was necessary in the name of national security, Bush’s narrative justified the operation of the detention center at Guantanamo Bay and rendered the mistreatment of detainees possible – a situation that would have otherwise been illegal. Bush’s framings therefore enabled legal limits to be pushed and made the violation of rules appear legitimate. Obama, in contrast, constructed a threat scenario that required an end to rule violations, and the closure of Guantanamo for security reasons. According to this narrative, a return to the rule of law was imperative if the American people were to be kept safe. However, Obama’s framing was continually challenged, and it was never able to dominate public discourse. Consequently, Framing the Threat argues Obama was unable to implement the policy changes he had announced.
Author : Kathryn D. Temple
Publisher : NYU Press
Page : 275 pages
File Size : 25,98 MB
Release : 2019-06-25
Category : Law
ISBN : 147989527X
A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.
Author : Edward E. Curtis
Publisher : Infobase Publishing
Page : 667 pages
File Size : 16,21 MB
Release : 2010
Category : History
ISBN : 1438130406
A two volume encyclopedia set that examines the legacy, impact, and contributions of Muslim Americans to U.S. history.
Author : David Rudenstine
Publisher : Oxford University Press
Page : 345 pages
File Size : 25,13 MB
Release : 2016-07-20
Category : Law
ISBN : 019938150X
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Author : Alexandra S. Moore
Publisher : Springer
Page : 278 pages
File Size : 27,69 MB
Release : 2018-06-11
Category : Literary Criticism
ISBN : 331974965X
This book demonstrates a new, interdisciplinary approach to life writing about torture that situates torture firmly within its socio-political context, as opposed to extending the long line of representations written in the idiom of the proverbial dark chamber. By dismantling the rhetorical divide that typically separates survivors’ suffering from human rights workers’ expertise, contributors engage with the personal, professional, and institutional dimensions of torture and redress. Essays in this volume consider torture from diverse locations – the Philippines, Argentina, Sudan, and Guantánamo, among others. From across the globe, contributors witness both individual pain and institutional complicity; the challenges of building communities of healing across linguistic and national divides; and the role of the law, art, writing, and teaching in representing and responding to torture.
Author : Vaheed Ramazani
Publisher : Routledge
Page : 160 pages
File Size : 27,96 MB
Release : 2020-11-16
Category : Language Arts & Disciplines
ISBN : 1000224600
Drawing on psychoanalytic and semiotic perspectives, this book examines discourses mediating the global War on Terror, including governmental speeches, legal documents, print and broadcast journalism, and military memoirs. The book argues that these discourses motivate, and are motivated by, a myth of imminent harm that purportedly justifies a series of "preemptive" measures such as war, torture, and targeted killing, as well as an array of intrusive domestic security procedures such as profiling and mass surveillance. Dominant themes include selective compassion in the mainstream media, the language of war and the sacrificial sublime, asymmetrical warfare and the nostalgia for total war, weaponized drones and just war theory, and the role of American exceptionalism in normalizing endless war. Scholars and students alike will take interest in this original contribution to the fields of cultural studies, psychoanalysis, media studies, rhetoric, critical international relations, and international humanitarian law and ethics.
Author : Paul Joseph
Publisher : SAGE Publications
Page : 3831 pages
File Size : 44,87 MB
Release : 2016-06-15
Category : Social Science
ISBN : 1483359913
Traditional explorations of war look through the lens of history and military science, focusing on big events, big battles, and big generals. By contrast, The SAGE Encyclopedia of War: Social Science Perspective views war through the lens of the social sciences, looking at the causes, processes and effects of war and drawing from a vast group of fields such as communication and mass media, economics, political science and law, psychology and sociology. Key features include: More than 650 entries organized in an A-to-Z format, authored and signed by key academics in the field Entries conclude with cross-references and further readings, aiding the researcher further in their research journeys An alternative Reader’s Guide table of contents groups articles by disciplinary areas and by broad themes A helpful Resource Guide directing researchers to classic books, journals and electronic resources for more in-depth study This important and distinctive work will be a key reference for all researchers in the fields of political science, international relations and sociology.
Author : Paulus Kaufmann
Publisher : Springer Science & Business Media
Page : 268 pages
File Size : 21,4 MB
Release : 2010-10-07
Category : Philosophy
ISBN : 9048196612
Degradation, dehumanization, instrumentalization, humiliation, and nonrecognition – these concepts point to ways in which we understand human beings to be violated in their dignity. Violations of human dignity are brought about by concrete practices and conditions; some commonly acknowledged, such as torture and rape, and others more contested, such as poverty and exclusion. This volume collates reflections on such concepts and a range of practices, deepening our understanding of human dignity and its violation, bringing to the surface interrelationships and commonalities, and pointing to the values that are thereby shown to be in danger. In presenting a streamlined discussion from a negative perspective, complemented by conclusions for a positive account of human dignity, the book is at once a contribution to the body of literature on what dignity is and how it should be protected as well as constituting an alternative, fresh and focused perspective relevant to this significant recurring debate. As the concept of human dignity itself crosses disciplinary boundaries, this is mirrored in the unique range of perspectives brought by the book’s European and American contributors – in philosophy and ethics, law, human rights, literature, cultural studies and interdisciplinary research. This volume will be of interest to social and moral philosophers, legal and human rights theorists, practitioners and students.
