Power and Policy in Quest of the Law
Author : Myres S Mac Dougal
Publisher : BRILL
Page : 490 pages
File Size : 26,4 MB
Release : 1985-09-30
Category : Law
ISBN : 9789024729111
Author : Myres S Mac Dougal
Publisher : BRILL
Page : 490 pages
File Size : 26,4 MB
Release : 1985-09-30
Category : Law
ISBN : 9789024729111
Author : Michael Ross Fowler
Publisher : Penn State Press
Page : 220 pages
File Size : 21,27 MB
Release : 2010-11-01
Category : Political Science
ISBN : 9780271039114
In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Author :
Publisher : BRILL
Page : 513 pages
File Size : 19,87 MB
Release : 2021-07-19
Category : Law
ISBN : 9004461809
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Author : Nikolas Rajkovic
Publisher : Cambridge University Press
Page : 407 pages
File Size : 10,86 MB
Release : 2016-07-28
Category : Law
ISBN : 1107145058
Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
Author : Noura Erakat
Publisher : Stanford University Press
Page : 405 pages
File Size : 50,61 MB
Release : 2019-04-23
Category : History
ISBN : 1503608832
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author : Kate Ramsey
Publisher : University of Chicago Press
Page : 446 pages
File Size : 33,12 MB
Release : 2014-02-07
Category : Social Science
ISBN : 0226703819
Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.
Author : Fernanda Pirie
Publisher : Basic Books
Page : 565 pages
File Size : 38,85 MB
Release : 2021-11-09
Category : History
ISBN : 1541617959
From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
Author : Paul Tucker
Publisher : Princeton University Press
Page : 662 pages
File Size : 44,60 MB
Release : 2019-09-10
Category : Business & Economics
ISBN : 0691196303
Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.
Author : Samantha Besson
Publisher : Oxford University Press
Page : 1233 pages
File Size : 35,43 MB
Release : 2017
Category : Law
ISBN : 0198745362
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
Author : Deplano, Rossana
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 43,14 MB
Release : 2021-07-31
Category : Law
ISBN : 1788972368
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.