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The Authoritarian Commons: Neighborhood Democratization in Urban China (Law in Context)
by Shitong QiaoBased on six-year fieldwork across China including over 200 in-depth interviews, this book provides an ethnographic account of how hundreds of millions of Chinese homeowners practice democracy in and beyond their condominium complexes. Using interviews, survey data, and a comprehensive examination of laws, policies and judicial decisions, this book also examines how the party-state in China responds to the risks and benefits brought by neighborhood democratization. Moreover, this book provides a framework to analyze different approaches to the authoritarian dilemma facing neighborhood democratization which may increase the regime's legitimacy and expose it to the challenge of independent organizations at the same time. Lastly, this book identifies conditions under which neighborhood democratization can succeed.
Authoritarian Elections and Opposition Groups in the Arab World
by Gail J. ButtorffThis book examines how opposition groups respond to the dilemma posed by authoritarian elections in the Arab World, with specific focus on Jordan and Algeria. While scholars have investigated critical questions such as why authoritarian rulers would hold elections and whether such elections lead to further political liberalization, there has been comparatively little work on the strategies adopted by opposition groups during authoritarian elections. Nevertheless, we know their strategic choices can have important implications for the legitimacy of the electoral process, reform, democratization, and post-election conflicts. This project fills in an important gap in our understanding of opposition politics under authoritarianism by offering an explanation for the range of strategies adopted by opposition groups in the face of contentious elections in the Arab World.
Authoritarian Legality in Asia: Formation, Development and Transition
by Weitseng Chen Hualing FuA cluster of Asian states are well-known for their authoritarian legality while having been able to achieve remarkable economic growth. Why would an authoritarian regime seek or tolerate a significant degree of legality and how has such type of legality been made possible in Asia? Would a transition towards a liberal, democratic system eventually take place and, if so, what kind of post-transition struggles are likely to be experienced? This book compares the past and current experiences of China, Hong Kong, South Korea, Japan, Taiwan, Singapore, and Vietnam and offers a comparative framework for readers to conduct a theoretical dialogue with the orthodox conception of liberal democracy and the rule of law.
Authoritarian Legality in China: Law, Workers, and the State
by Mary E. GallagherCan authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
The Authoritarian Moment: How the Left Weaponized America's Institutions Against Dissent
by Ben ShapiroNew York Times BestsellerHow far are Americans willing to go to force each other to fall in line?According to the establishment media, the intelligentsia, and our political chattering class, the greatest threat to American freedom lies in right-wing authoritarianism. We’ve heard that some 75 million Americans who voted for Donald Trump represent the rise of American fascism; that conservatives have allowed authoritarianism to bloom in their midst, creating a grave danger for the republic.But what if the true authoritarian threat to America doesn’t come from the political right, but from the supposedly anti-fascist left?There are certainly totalitarians on the political right. But statistically, they represent a fringe movement with little institutional clout. The authoritarian left, meanwhile, is ascendant in nearly every area of American life. A small number of leftists—college-educated, coastal, and uncompromising—have not just taken over the Democratic Party but our corporations, our universities, our scientific establishment, our cultural institutions. And they have used their newfound power to silence their opposition.The authoritarian Left is aggressively insistent that everyone must conform to its values, demanding submission and conformity. The dogmatic Left is obsessed with putting people in categories and changing human nature. Everyone who opposes it must be destroyed.Ben Shapiro looks at everything from pop culture to the Frankfurt school, social media to the Founding Fathers, to explain the origins of our turn to tyranny, and why so many seem blind to it.More than a catalog of bad actors and intemperate acts,The Authoritarian Moment lays bare the intolerance and rigidity creeping into all American ideology – and prescribes the solution to ending the authoritarianism that threatens our future.
Authoritarian Nightmare: Trump and His Followers
by John W. Dean Bob AltemeyerOne of American political history's most famous figures, who knows what it's like to stand up to an authoritarian White House, joins with an expert on authoritarianism to take a piercing look at how someone like Donald Trump and his followers achieved power—and what they might do to keep it ... John Dean, of Watergate fame, knows what it's like to work for a strong-willed, vindictive president. But even Richard Nixon, says Dean, didn't have the raw lust for power that Donald Trump has. Nor the lack of skill. Nor the deep, willful ignorance of our democracy. So how did such a person achieve power? Suspecting the answer lay in understanding Trump's base constituency, Dean has partnered with Bob Altemeyer, a professor of psychology whose expertise is the study of authoritarianism, to see why Trump's base is so faithful to him, no matter what he does. Why do evangelical Christians support him, for example, despite his well-documented sexual predations? Why do so many working class Americans support him, despite the way he works against their interests? Why do facts and logic not change their minds? By drawing on some psychological diagnostic tools (such as the "Power Mad Scale" and the "Con Man Scale") and looking at other historic authoritarians and their movements, Dean and Altemeyer offer not only an eye-opening revelation of how Trump and his followers have gotten where they have . . . but a road map to where they may go next.
Authoritarian Rule of Law
by Jothie RajahScholars have generally assumed that authoritarianism and rule of law are mutually incompatible. Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. With China seeing lessons to be learned in Singapore, as do any number of regimes looking to replicate Singapore's pairing of prosperity and social control, this book offers a valuable and original contribution to understanding the complexities of law, language, and legitimacy in our time.
The Authoritarians: Their Assault on Individual Liberty, the Constitution, and Free Enterprise from the 19th Century to the Present
by Jonathan W EmordThe untold story of how Authoritarians from the Progressive Era to the present removed all constitutional barriers to the deprivation of individual rights, upending the promise of the Declaration of Independence and inviting a new socialist state in America.
Authority and the Globalisation of Inclusion and Exclusion (Global Law Series)
by Hans LindahlProtracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights.
The Authority of EU Law: Do We Still Believe in It?
by Wolfgang Heusel Jean-Philippe RageadeThis book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.
The Authority of International Criminal Law: A Controversial Concept (ASIL Studies in International Legal Theory)
by Clare Frances MoranDespite a wealth of literature exploring the issues surrounding it, the legitimacy and authority of international criminal law remain in question. Adopting a perspective informed by legal and political philosophy, Clare Frances Moran considers the authority of international criminal law, why it can be conceived of as more than simply an exercise of power and how that power may be exercised legitimately. Advancing existing scholarship on the subject, Moran explores the roots of the authority of law at the domestic level and tests these ideas in an international context. She examines sovereignty, complementarity and postcolonial issues, and how each impact international criminal law. By developing a theory on the authority of international law, Moran considers how it might be possible to adjudicate more effectively at the international level.
The Authority of the Court and the Peril of Politics
by Stephen BreyerA sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
The Authority of the Gospel: Explorations in Moral and Political Theology in Honor of Oliver O'Donovan
by Robert Song Brent WatersOliver O’Donovan is widely regarded as one of the preeminent Protestant Christian ethicists of our time. His teaching and scholarship have exerted a profound influence on countless moral theologians.This volume honoring O’Donovan shows how the various contributors -- themselves distinguished scholars -- have developed their own thinking through serious engagement with O’Donovan’s work. Significantly, they build upon, expand, and critique the agenda for Christian ethics that O’Donovan has been instrumental in constructing. As Robert Song and Brent Waters say in their introduction, “To genuinely honor O’Donovan, one cannot remain content with reciting but must risk one’s own exposition.”Contributors:Nigel BiggarBrian BrockJonathan ChaplinEric GregoryShinji KayamaJean-Yves LacosteJoan O’DonovanOliver O’DonovanRobert SongHans UlrichBernd WannenwetschBrent WatersJohn WebsterRowan WilliamsJohn Witte Jr.Holger Zaborowski
The Authority of Virtue: Institutions and Character in the Good Society (Routledge Studies in Ethics and Moral Theory)
by Tristan J. RogersThis book provides a unified account of the connection between justice and the good life. It argues that the virtues of character require institutions, while good institutions enable persons to live together virtuously. Although virtue ethics and political philosophy are rich and sophisticated philosophical traditions, there has been an unfortunate divergence, in theory and practice, between the virtues of character and the virtues of institutions. This book has two primary purposes. First, it reorients political philosophy around the concept of the good life. To do so, the author addresses the problem of political authority from a virtue ethics perspective. He also considers whether a political theory oriented around the good life is compatible with Rawls’s notion of reasonable pluralism. Second, the book explains the relationship between the virtues of institutions and the virtues of character. The author shows how institutions support the development and exercise of the virtues of character, while examining specific other-regarding virtues such as justice and friendship. The Authority of Virtue will appeal to scholars and advanced students working in virtue ethics, social and political philosophy, ancient philosophy, and political theory.
Authors and Apparatus: A Media History of Copyright
by Monika DommannCopyright is under siege. From file sharing to vast library scanning projects, new technologies, actors, and attitudes toward intellectual property threaten the value of creative work. However, while digital media and the Internet have made making and sharing perfect copies of original works almost effortless, debates about protecting authors' rights are nothing new. In this sweeping account of the evolution of copyright law since the mid-nineteenth century, Monika Dommann explores how radical media changes—from sheet music and phonographs to photocopiers and networked information systems—have challenged and transformed legal and cultural concept of authors' rights.Dommann provides a critical transatlantic perspective on developments in copyright law and mechanical reproduction of words and music, charting how artists, media companies, and lawmakers in the United States and western Europe approached the complex tangle of technological innovation, intellectual property, and consumer interests. From the seemingly innocuous music box, invented around 1800, to BASF's magnetic tapes and Xerox machines, she demonstrates how copyright has been continuously destabilized by emerging technologies, requiring new legal norms to regulate commercial and private copying practices. Without minimizing digital media's radical disruption to notions of intellectual property, Dommann uncovers the deep historical roots of the conflict between copyright and media—a story that can inform present-day debates over the legal protection of authorship.
Authors and Owners: The Invention of Copyright
by Mark RoseThe notion of the author as the creator and therefore the first owner of a work is deeply rooted both in our economic system and in our concept of the individual. But this concept of authorship is modern. Mark Rose traces the formation of copyright in eighteenth-century Britain—and in the process highlights still current issues of intellectual property. Authors and Owners is at once a fascinating look at an important episode in legal history and a significant contribution to literary and cultural history.
Authors in Court: Scenes from the Theater of Copyright
by Mark RoseMark Rose uses case studies to show how gender and gentility have influenced the self-presentation of authors in court and how the personal styles, public personas, and histories of novelists, dramatists, poets, photographers, and cartoonists have influenced the development of legal doctrine around issues of copyright.
Authors, Users, and Pirates: Copyright Law and Subjectivity (The Information Society Series)
by James MeeseAn examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework.In current debates over copyright law, the author, the user, and the pirate are almost always invoked. Some in the creative industries call for more legal protection for authors; activists and academics promote user rights and user-generated content; and online pirates openly challenge the strict enforcement of copyright law. In this book, James Meese offers a new way to think about these three central subjects of copyright law, proposing a relational framework that encompasses all three. Meese views authors, users, and pirates as interconnected subjects, analyzing them as a relational triad. He argues that addressing the relationships among the three subjects will shed light on how the key conceptual underpinnings of copyright law are justified in practice.Meese presents a series of historical and contemporary examples, from nineteenth-century cases of book abridgement to recent controversies over the reuse of Instagram photos. He not only considers the author, user, and pirate in terms of copyright law, but also explores the experiential element of subjectivity—how people understand and construct their own subjectivity in relation to these three subject positions. Meese maps the emergence of the author, user, and pirate over the first two centuries of copyright's existence; describes how regulation and technological limitations turned people from creators to consumers; considers relational authorship; explores practices in sampling, music licensing, and contemporary art; examines provisions in copyright law for user-generated content; and reimagines the pirate as an innovator.
Authorship and Copyright (Routledge Revivals)
by David SaundersFirst published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical ‘birth of the author’ or the language-based post-structuralist ‘death of the author.’ Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.
Autism and Criminal Justice: The Experience of Suspects, Defendants and Offenders in England and Wales (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Tom SmithThis collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths, and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy-makers working in similar systems, as well as those interested in neurodiversity more generally.
Autism and the Police: Practical Advice for Officers and Other First Responders
by Andrew BuchanThis is a practical guide for police officers and other first responders written by an autistic retired policeman, designed to demystify autistic behaviours and improve the treatment of autistic people caught up in the criminal justice system. Police officers and other emergency services are the first to arrive at the scene of an incident and it is vital they can recognise autistic behaviours and respond accordingly to avoid any escalation. This book lays out how to identify whether someone could be autistic and how officers can interact with them effectively and sensitively. Based on the author's many years of experience as a police officer it covers common scenarios such as stop and search, restraint and transportation, interviews and detention. For each potential encounter the book provides strategies, examples and tips to assist police in interacting safely and fairly with autistic people. In addition to police interactions, the book explains how to best respond to and assist autistic people through the Criminal Justice System and beyond.
Autism, Asperger Syndrome and Pervasive Developmental Disorder
by Anthony Malone Barbara QuinnAutism Spectrum Disorder, or ASD, is the umbrella term used to describe a whole family of related conditions. Within this group, there is a subgroup of conditions known as PDD (NOS) - Pervasive Developmental Disorder (not otherwise specified) - which do not quite meet the diagnostic criteria of Autism or Asperger Syndrome. Written specifically for parents, this fully-updated second edition sets out what it means for a child to be diagnosed with ASD, PDD (NOS), autism or Asperger Syndrome, and explains where parents should go from there. The authors describe the signs and symptoms of each condition, what a diagnosis means, how a child fits into the diagnostic terminology, and what the diagnostic procedures involve. Associated disorders such as Rett Syndrome, Childhood Disintegrative Disorder and OCD are reviewed, and the authors describe the various treatments, therapies, and educational approaches available. The book also includes new information on medication and on the evolving concept of diagnosis, as well as a list of frequently asked questions and new interviews with parents of children on the autism spectrum. Accessible, informative, and supportive, this book is an essential guide for parents of children with an autism spectrum disorder.
Autism Friendly Business: Neurodiverse Customers (Autism Friendly)
by Jennifer PercivalDesigned as a guidebook for leaders at the beginning of their journey embracing neuroinclusion, Autism Friendly Business: Neurodiverse Customers will provide business owners, executives, managers, team members, and associates the tools to integrate strategies and techniques that will enhance their business, while improving the delivery of a quality experience for all. Autistic individuals often experience barriers when engaging with businesses. This book provides solutions and examples on how leaders can remove obstacles to develop supportive and inclusive environments.
Autism Spectrum Disorder, Developmental Disabilities, and the Criminal Justice System: Breaking the Cycle
by Nick DubinFor autistic people who find themselves facing a criminal charge, understanding how the features of autism may have contributed to their behaviour can be vital context for their defence. In this insightful book, Nick Dubin explores how and why autistic people get caught up in the criminal justice system. He delves into what steps can be taken to prevent autistic people committing crimes and what should be done to ensure their fair and appropriate treatment if they are charged with a crime. It covers everything from prevention to the aftermath of sentencing, including available counselling and therapy. Nick's personal experience and meticulous research shows that criminal justice can be an oppressive system that misunderstands and stigmatizes autistic people, especially low-risk individuals and those with less criminal responsibility.
Autism Spectrum Disorder in the Criminal Justice System: A Guide to Understanding Suspects, Defendants and Offenders with Autism
by Dr Clare AllelyThis book focuses on autism spectrum disorder (ASD) in the criminal justice system. Rather than being the perpetrators of offending, individuals with ASD are more likely to be the victim of crime. However, there is nevertheless a small subset of individuals with ASD who do offend, and this book provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours. Chapters focus on arson or fire-setting; cybercrime (e.g., hacking); online sexual offending such as the viewing of indecent child imagery; offline sexual offending; violent crime; stalking; terroristic behaviour (including radicalisation and extremism); bestiality or zoophilia and also extreme violence such as mass shooting and serial homicide. This book also outlines the ways in which a defendant with ASD may present in court and how they may exhibit behaviour which could be misinterpreted and perceived negatively leading to an unfair trial. Lastly, it discusses the need to identify the impact that ASD can have on the capacity to form the requisite criminal intent and offer appropriate court adaptions to support them during court proceedings. This book is ideal for criminal defense lawyers and practitioners in psychology, psychiatry, and social work as well as policy makers and reformers.