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Author : Patrick William Kelly
Publisher : Cambridge University Press
Page : 339 pages
File Size : 50,8 Mb
Release : 2018-05-10
Category : History
ISBN : 9781107163249
Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Author : Diane A. Desierto
Publisher : Martinus Nijhoff Publishers
Page : 433 pages
File Size : 42,6 Mb
Release : 2012-01-05
Category : Political Science
ISBN : 9789004218529
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Author : Karin Loevy
Publisher : Cambridge University Press
Page : 323 pages
File Size : 44,7 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781316592137
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Author : Austin Sarat
Publisher : Cambridge University Press
Page : 313 pages
File Size : 54,7 Mb
Release : 2010-02-26
Category : Law
ISBN : 9781139483773
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 42,8 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856
The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.
Author : Bonnie Honig
Publisher : Princeton University Press
Page : 218 pages
File Size : 50,5 Mb
Release : 2011-08-28
Category : Political Science
ISBN : 9780691152592
This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.
Author : Jonathan White
Publisher : Oxford University Press, USA
Page : 240 pages
File Size : 42,7 Mb
Release : 2020-01-13
Category : Political Science
ISBN : 9780198791720
Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.
Author : Nasser Hussain
Publisher : University of Michigan Press
Page : 211 pages
File Size : 42,5 Mb
Release : 2019-08-02
Category : History
ISBN : 9780472037537
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Author : Joel Wainwright,Geoff Mann
Publisher : Verso Books
Page : 334 pages
File Size : 52,9 Mb
Release : 2018-02-13
Category : Political Science
ISBN : 9781786634313
**Winner of the 2019 Sussex International Theory Prize** -- How climate change will affect our political theory - for better and worse Despite the science and the summits, leading capitalist states have not achieved anything close to an adequate level of carbon mitigation. There is now simply no way to prevent the planet breaching the threshold of two degrees Celsius set by the Intergovernmental Panel on Climate Change. What are the likely political and economic outcomes of this? Where is the overheating world heading? To further the struggle for climate justice, we need to have some idea how the existing global order is likely to adjust to a rapidly changing environment. Climate Leviathan provides a radical way of thinking about the intensifying challenges to the global order. Drawing on a wide range of political thought, Joel Wainwright and Geoff Mann argue that rapid climate change will transform the world's political economy and the fundamental political arrangements most people take for granted. The result will be a capitalist planetary sovereignty, a terrifying eventuality that makes the construction of viable, radical alternatives truly imperative.
Author : Nomi Claire Lazar
Publisher : Cambridge University Press
Page : 191 pages
File Size : 44,5 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9781139479585
In an emergency, statesmen concentrate power and suspend citizens' rights. These emergency powers are ubiquitous in the crisis government of liberal democracies, but their nature and justification is poorly understood. Based on a pluralist conception of political ethics and political power, this book shows how we can avoid the dangers and confusions inherent in the norm/exception approach that dominates both historical and contemporary debate. The book shows how liberal values need never - indeed must never - be suspended, even in times of urgency. Only then can accountability remain a live possibility. But at the same time, emergency powers can sometimes be justified with reference to extra-liberal norms that also operate in times of normalcy. By emphasizing the continuity between times of normalcy and emergency, the book illuminates the norms of crisis government, broadening our understanding of liberal democratic government and of political ethics in the process.
Author : Yoav Mehozay
Publisher : SUNY Press
Page : 222 pages
File Size : 52,8 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781438463391
Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each others shortcomings. Through a careful dissection of Israels emergency apparatus, Mehozay illustrates that the reach of Israels emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israels governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the war on terror and consider the role of emergency with regard to realms such as political economy.
Author : Anonim
Publisher : BRILL
Page : 262 pages
File Size : 52,9 Mb
Release : 2020-09-07
Category : Social Science
ISBN : 9789004431140
Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.
Author : Martin Guzman,José Antonio Ocampo,Joseph E. Stiglitz
Publisher : Columbia University Press
Page : 307 pages
File Size : 45,8 Mb
Release : 2016-05-10
Category : Business & Economics
ISBN : 9780231542029
The current approach to resolving sovereign debt crises does not work: sovereign debt restructurings come too late and address too little. Though unresolved debt crises impose enormous costs on societies, many recent restructurings have not been deep enough to provide the conditions for economic recovery (as illustrated by the Greek debt restructuring of 2012). And if the debtor decides not to accept the terms demanded by the creditors, finalizing a restructuring can be slowed by legal challenges (as illustrated by the recent case of Argentina, deemed as "the trial of the century"). A fresh start for distressed debtors is a basic principle of a well-functioning market economy, yet there is no international bankruptcy framework for sovereign debts. While this problem is not new, the United Nations and the global community are now willing to do something about it. Providing guidance for those who intend to take up reform, this book assesses the relative merits of various debt-restructuring proposals, especially in relation to the main deficiencies of the current nonsystem. With contributions by leading academics and practitioners, Too Little, Too Late reflects the overwhelming consensus among specialists on the need to find workable solutions.
Author : Stefan Auer
Publisher : Hurst Publishers
Page : 333 pages
File Size : 44,8 Mb
Release : 2022-05-24
Category : Political Science
ISBN : 9781787388673
The European Union means many different things to its many peoples. In Germany, for example, the European project was conceived mainly as post-national, or even post-sovereign. In France, by contrast, President Emmanuel Macron has pursued the vision of a sovereign Europe; that is, an EU that would become a formidable geopolitical actor. Yet, instead, Europe has struggled to ascertain its values abroad and even domestically, facing a sovereignist rebellion from its newer member states, such as Hungary and Poland, and the departure of Britain. The eurozone crisis has undermined the EU’s economic credentials, the refugee crisis its societal cohesion, the failure to stand up to Russia its sense of purpose, and the Covid-19 pandemic its credibility as a protector of European citizens. The key argument of this book is that the multiple crises of the European project are caused by one underlying factor: its bold attempt to overcome the age of nation-states. Left unchecked, supranational institutions tend to become ever more bureaucratic, eluding control of the people they are meant to serve. The logic of technocracy is thus pitted against the democratic impulse, which the European Union is supposed to embody. Democracy in Europe has suffered as a result.
Author : Bardo Fassbender,Knut Traisbach
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 53,8 Mb
Release : 2019-11-26
Category : Law
ISBN : 9780198824756
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.