Humanity's Law

Author: Ruti Teitel

Publisher: Oxford University Press

ISBN: 0199911681

Category: Political Science

Page: 320

View: 4663

In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

Humanity across International Law and Biolaw

Author: Britta van Beers,Luigi Corrias,Wouter G. Werner

Publisher: Cambridge University Press

ISBN: 1107048184

Category: Law

Page: 328

View: 8092

The concepts of humanity, human dignity and mankind have emerged in different contexts across international law and biolaw. This raises many different questions. What are the aims for which 'humanity' is mobilised? How do these aims affect the ensuing interpretations of this concept? What are the negative counterparts of humanity, mankind and human dignity? And what happens if a concept developed in one particular context is taken up in another? By bringing together research from international law, biolaw and legal theory, this volume answers such questions by analysing how the concepts overlap and contradict each other across the disciplines. The result is not an examination of what humanity is but rather what it does and what it brings about in a variety of contexts.

Globalization

Interdependencies and Coordination

Author: Jan-Erik Lane

Publisher: Transaction Publishers

ISBN: 1412854245

Category: Political Science

Page: 382

View: 4675

Efforts at coordination between nations are at the heart of the challenges of globalization. Despite steadily growing interdependencies, individual nations still have specific interests that present obstacles to globalization. While some challenges inspired by the need to coordinate are viewed as inevitable by many, they are less optimistic about prospects for success. Jan-Erik Lane argues that one should focus objectively upon the possibility of failures. Lane analyzes four kinds of challenges to interdependency, all of which are growing in geopolitical relevance. First, countries need to diminish their dependency on fossil fuel and shift to a reliable supply of energy, because fossil fuels are diminishing. Second, environmental degradation must be addressed, because it is accelerating under the strain of earth’s population. Lane advocates an ecological footprint approach. Third, a single global market economy and its complexities must be addressed, as national economies are increasingly opened. Finally, as traditional state sovereignty weakens, foreign military intervention in both international and intra-state conflicts increases. Governments are attempting to address these interdependencies, or reply to the challenges they pose, mainly through international organizations and regionalism. These efforts are discussed at length. In addition, problems with international law are reviewed, as Lane warns against the utopian hopes of global constitutionalism. Globalization also examines the potential consequences of failing to address the need for coordination in efforts to address shared global challenges.

The Slave Trade and the Origins of International Human Rights Law

Author: Jenny S. Martinez

Publisher: Oxford University Press

ISBN: 0199753075

Category: Political Science

Page: 264

View: 7168

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this narrative, the nineteenth century's absence is conspicuous--few have considered that era seriously, much less written books on it. But as Jenny Martinez shows in this novel interpretation of the roots of human rights law, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Originating in England in the late eighteenth century, abolitionism achieved remarkable success over the course of the nineteenth century. Martinez focuses in particular on the international admiralty courts, which tried the crews of captured slave ships. The courts, which were based in the Caribbean, West Africa, Cape Town, and Brazil, helped free at least 80,000 Africans from captured slavers between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, are the foundations of contemporary human rights law: international courts targeting states and non-state transnational actors while working on behalf the world's most persecuted peoples--captured West Africans bound for the slave plantations of the Americas. Fueled by a powerful thesis and novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law.

Law's Cut on the Body of Human Rights

Female Circumcision, Torture and Sacred Flesh

Author: Juliet Rogers

Publisher: Routledge

ISBN: 1134097239

Category: Law

Page: 174

View: 1788

Scenes of violence and incisions into the flesh inform the demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems. Law's Cut on the Body of Human Rights: Female Circumcision, Torture and Sacred Flesh considers how such images come to inform law and the investment of advocates of law in an imagination of this scene. Drawing on psychoanalytic and postcolonial theory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recent initiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination with a consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay. Rogers argues that the modes of fascination and excitement that accompany scenes of torture and female circumcision betray the fantasy of a political condition against which the subject of liberal law is imagined; this is subjectivity in a state of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration. To support the fantasy of this subject, the mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all.

Global Civil Society 2011

Globality and the Absence of Justice

Author: H. Seckinelgin,Billy Wong

Publisher: Springer

ISBN: 0230303803

Category: Social Science

Page: 240

View: 5238

Global Civil Society 2011 combines activist and academic accounts of contemporary struggles to promote, negotiate and deliver justice in a global frame without a central authority. In their engagement with cultural diversity and their networked communication the contributors rethink and remake justice beyond the confines of the nation state.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005290

Category: Law

Page: 450

View: 6283

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

The Life of Louis Kossuth, Governor of Hungary

Including Notices of the Men and Scenes of the Hungarian Revolution; to which is Added an Appendix Containing His Principal Speeches, &c

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Hungary

Page: 461

View: 8747

C.S. Lewis—On the Christ of a Religious Economy, 3.1

I. Creation and Sub-Creation

Author: P. H. Brazier

Publisher: Wipf and Stock Publishers

ISBN: 1621896390

Category: Religion

Page: 318

View: 1382

C. S. Lewis--On the Christ of a Religious Economy I, Creation and Sub-Creation opens with Lewis on creation, the fall into original sin, and the human condition before God and how such an understanding permeated all his work, post-conversion. For Lewis, Christ, the second person of the Trinity, is the agent of creation and its redeemer. This leads into Lewis's representation through sub-creation: explaining salvation history and the purpose of the creation and the creature through story (The Chronicles of Narnia, The Space Trilogy, Screwtape, etc.), but also the question of multiple incarnations, and the encounters he pens between Aslan-Christ and creatures. What does this tell us about the human predicament and our state after the fall? This volume forms the first part of the third book in a series of studies on the theology of C. S. Lewis titled C. S. Lewis: Revelation and the Christ. The books are written for academics and students, but also, crucially, for those people, ordinary Christians, without a theology degree who enjoy and gain sustenance from reading Lewis's work.

Humanity's End

Why We Should Reject Radical Enhancement

Author: Nicholas Agar

Publisher: MIT Press

ISBN: 0262288931

Category: Philosophy

Page: 232

View: 6235

Proposals to make us smarter than the greatest geniuses or to add thousands of years to our life spans seem fit only for the spam folder or trash can. And yet this is what contemporary advocates of radical enhancement offer in all seriousness. They present a variety of technologies and therapies that will expand our capacities far beyond what is currently possible for human beings. In Humanity's End, Nicholas Agar argues against radical enhancement, describing its destructive consequences. Agar examines the proposals of four prominent radical enhancers: Ray Kurzweil, who argues that technology will enable our escape from human biology; Aubrey de Grey, who calls for anti-aging therapies that will achieve "longevity escape velocity"; Nick Bostrom, who defends the morality and rationality of enhancement; and James Hughes, who envisions a harmonious democracy of the enhanced and the unenhanced. Agar argues that the outcomes of radical enhancement could be darker than the rosy futures described by these thinkers. The most dramatic means of enhancing our cognitive powers could in fact kill us; the radical extension of our life span could eliminate experiences of great value from our lives; and a situation in which some humans are radically enhanced and others are not could lead to tyranny of posthumans over humans.

Perspectives: Redemption, Economics, Law, Justice, Mediation, Human Rights

Redemption, Economics, Law, Justice, Mediation, Human Rights

Author: Michael A. Pennacchia

Publisher: Xlibris Corporation

ISBN: 1469168367

Category: Political Science

Page: 111

View: 4952

Michael A. Pennacchia has earned a MA in Diplomacy with a concentration in Conflict Resolution from Norwich University in Vermont. A BA in Political Science from New Jersey City University where he also interned at the United Nations for one year under Dr. Harris Schoenberg, the UN NGO Chairman for Human Rights. He is certified as an experienced Civil and Family Mediator in the State of Texas. He is retired from GM Corp. where he learned to empathize with the plight of working men and women. He resides in New Jersey where he proudly serves his country and community in the US Coast Guard Auxiliary. When writing the six research papers which comprise the content of this book, the authors underlining theme has been the importance of each and every individual human being. He has endeavored to emphasis the value of the individual human soul when writing on ever present geopolitical themes.

Humanity’s Children

ICC Jurisprudence and the Failure to Address the Genocidal Forcible Transfer of Children

Author: Sonja C. Grover

Publisher: Springer Science & Business Media

ISBN: 3642325017

Category: Law

Page: 324

View: 1136

This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC‘s failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court has jurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: OUP Oxford

ISBN: 0191018678

Category: Political Science

Page: 536

View: 7732

This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

A Cosmopolitanism of Nations

Giuseppe Mazzini's Writings on Democracy, Nation Building, and International Relations

Author: Giuseppe Mazzini

Publisher: Princeton University Press

ISBN: 9781400831319

Category: Political Science

Page: 264

View: 3669

This anthology gathers Giuseppe Mazzini's most important essays on democracy, nation building, and international relations, including some that have never before been translated into English. These neglected writings remind us why Mazzini was one of the most influential political thinkers of the nineteenth century--and why there is still great benefit to be derived from a careful analysis of what he had to say. Mazzini (1805-1872) is best known today as the inspirational leader of the Italian Risorgimento. But, as this book demonstrates, he also made a vital contribution to the development of modern democratic and liberal internationalist thought. In fact, Stefano Recchia and Nadia Urbinati make the case that Mazzini ought to be recognized as the founding figure of what has come to be known as liberal Wilsonianism. The writings collected here show how Mazzini developed a sophisticated theory of democratic nation building--one that illustrates why democracy cannot be successfully imposed through military intervention from the outside. He also speculated, much more explicitly than Immanuel Kant, about how popular participation and self-rule within independent nation-states might result in lasting peace among democracies. In short, Mazzini believed that universal aspirations toward human freedom, equality, and international peace could best be realized through independent nation-states with homegrown democratic institutions. He thus envisioned what one might today call a genuine cosmopolitanism of nations.

Russian Approaches to International Law

Author: Lauri Mälksoo

Publisher: OUP Oxford

ISBN: 019103469X

Category: Law

Page: 290

View: 5364

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.

Intimations of Global Law

Author: Neil Walker

Publisher: Cambridge University Press

ISBN: 1316195708

Category: Law

Page: N.A

View: 9980

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature

Author: John Witte,Frank S. Alexander

Publisher: Columbia University Press

ISBN: 9780231142618

Category: Religion

Page: 499

View: 7308

The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature examines how modern Catholic thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Catholic intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Catholic legal and political thought, this volume underscores the various ways Catholic intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the writings of Pope Leo XIII (1810-1903); Jacques Maritain (1882-1973); John Courtney Murray (1904-1967); Pope John XXIII (1881-1963); Gustavo Gutièrrez (b. 1928); Dorothy Day (1897-1980); and Pope John Paul II (1920-2005).

Böse

Die Psychologie unserer Abgründe

Author: Julia Shaw

Publisher: Carl Hanser Verlag GmbH Co KG

ISBN: 3446261486

Category: Political Science

Page: 304

View: 4231

Von Psychopathen wie Charles Manson oder Serienmördern wie Jack the Ripper geht eine unheimliche Faszination aus. Doch woher kommt sie? Und warum verdrängen wir so gern das alltäglichere Böse – von den eigenen Gewaltphantasien bis zum Machtmissbrauch im Büro? Die Kriminalpsychologin und Bestsellerautorin Julia Shaw taucht das Phänomen des Bösen in neues Licht. Shaw sucht und findet das Böse nicht nur in den Gehirnen von Massenmördern, sondern in jedem von uns. Und sie erläutert mithilfe psychologischer Fallstudien und neuester neurowissenschaftlicher Erkenntnisse, wie wir uns mit unserer dunklen Seite versöhnen. Ein augenöffnendes Buch, das die vertrauten Kategorien von Gut und Böse völlig über den Haufen wirft.

Völkerstrafrecht

Author: Gerhard Werle,Florian Jessberger

Publisher: Mohr Siebeck

ISBN: 9783161493720

Category: Crimes against humanity

Page: 728

View: 3500

Die erste Gesamtdarstellung des Völkerstrafrechts in deutscher Sprache liegt nunmehr in komplett überarbeiteter und aktualisierter Fassung vor. Ausgehend vom Römischen Statut des Internationalen Strafgerichtshofes und dem aktuellen Stand des Völkergewohnheitsrechts werden die Grundlagen und der Allgemeine Teil des Völkerstrafrechts sowie die einzelnen Völkerrechtsverbrechen behandelt, nämlich Völkermord, Verbrechen gegen die Menschlichkeit, Kriegsverbrechen und das Verbrechen der Aggression. Rechtsprechung und Schrifttum sind auf aktuellem Stand berücksichtigt. Einbezogen sind die neuesten Entwicklungen des Völkerstrafrechts, insbesondere die erste Verfahrenspraxis des Internationalen Strafgerichtshofes, die Errichtung "hybrider" Strafgerichte und die Implementierung des Völkerstrafrechts in staatlichen Strafrechtsordnungen.

Research Handbook on Human Rights and Humanitarian Law

Author: Robert Kolb,Gloria Gaggioli

Publisher: Edward Elgar Publishing

ISBN: 1781006075

Category: Political Science

Page: 684

View: 2160

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.