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After Nuremberg: American Clemency for Nazi War Criminals
by Robert HutchinsonHow the American High Commissioner for Germany set in motion a process that resulted in every non-death-row-inmate walking free after the Nuremberg trialsAfter Nuremberg is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers&’ best intentions resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that &“rehabilitated&” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse.
After Sovereignty: On the Question of Political Beginnings
by Charles Barbour George PavlichAfter Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence, and now apparent implosion, of international capital exceeding the borders of known political entities, the continued expansion of a potentially endless 'War on Terror', the often predicted, but still uncertain, establishment of either a new international American Empire or a new era of International Law, the proliferation of social and political struggles among stateless refugees, migrant workers, and partial citizens, the resurgence of religion as a dominant source of political identification among people all over the globe – these developments and others have thrown into crisis the modern concept of sovereignty, and the notions of statehood and citizenship that rest upon it. Drawing on classical sources and more contemporary speculations, and developing a range of arguments concerning the possibility of political beginnings in the current moment, the papers collected in After Sovereignty contribute to a renewed interest in the problem of sovereignty in theoretical and political debate. They also provide a multitude of resources for the urgent, if necessarily fractured and diffuse, effort to reconfigure sovereignty today. Whilst it has regularly been suggested that the sovereignty of the nation-state is in crisis, the exact reasons for, and exact implications of, this crisis have rarely been so intensively examined.
After the Cataclysm: Postwar Indochina and the Reconstruction of Imperial Ideology (The Political Economy of Human Rights #2)
by Noam Chomsky Edward S. HermanVolume two of the influential study of US foreign policy during the Cold War—and the media&’s manipulative coverage—by the authors of Manufacturing Consent. First published in 1979, Noam Chomsky and Edward Herman&’s two-volume work, The Political Economy of Human Rights, is a devastating analysis of the United States government&’s suppression of human rights and support of authoritarianism in Asia, Africa and Latin America during the 1960s and 70s. Still one of the most comprehensive studies of the subject, it demonstrates how government obscured its role in torture, murder and totalitarianism abroad with the aid of the news media. In the first volume, Chomsky and Herman focus on US terror in Indochina. In volume two, After the Cataclysm, the authors examine the immediate aftermath of those actions, with special focus on the Khmer Rouge takeover of Cambodia. Throughout, the authors track the media response to the US interventions—a mixture of willful silence and Orwellian misrepresentation.
After the Digital Tornado: Networks, Algorithms, Humanity
by Kevin WerbachNetworks powered by algorithms are pervasive. Major contemporary technology trends—Internet of Things, Big Data, Digital Platform Power, Blockchain, and the Algorithmic Society—are manifestations of this phenomenon. The internet, which once seemed an unambiguous benefit to society, is now the basis for invasions of privacy, massive concentrations of power, and wide-scale manipulation. The algorithmic networked world poses deep questions about power, freedom, fairness, and human agency. The influential 1997 Federal Communications Commission whitepaper “Digital Tornado” hailed the “endless spiral of connectivity” that would transform society, and today, little remains untouched by digital connectivity. Yet fundamental questions remain unresolved, and even more serious challenges have emerged. This important collection, which offers a reckoning and a foretelling, features leading technology scholars who explain the legal, business, ethical, technical, and public policy challenges of building pervasive networks and algorithms for the benefit of humanity. This title is also available as Open Access on Cambridge Core.
After the Green Revolution: Sustainable Agriculture for Development (Natural Resource Management Set)
by Edward B. Barbier Gordon R. Conway'The Green Revolution' of the 60's and 70's produced immense gains in food cereal production in the Third World. But there are huge problems in the 'post-revolutionary' era: farmers with small or marginal holdings have benefited less than wealthier farmers; intensive mono-cropping has made production more susceptible to environmental stresses and shocks. Now there is evidence of diminishing returns from intensive and intensively chemical agricultural production. What is needed is a new approach, equally revolutionary, but different in its ideas and style. The authors set out what they mean by 'sustainable' agriculture in the new era and look at the effects of international economic restraints and of national policies on the kind of development they see as necessary. They chart a path for sustainable livelihoods for Third World farmers enmeshed by forces outside their control. They describe methods of evaluating and resolving the tough trade-offs all levels of intervention, from international trade down to the individual farm. This book cannot provide all the answers, but it does indicate what international conditions we need to be aware of, what national policies we need to advocate and what approaches at the local level we need to adopt to ensure the goal of agricultural sustainability. Originally published in 1990
After the Guns Fall Silent: Peace or Armageddon in the Middle-East (Routledge Revivals)
by Mohamed Sid-AhmedFirst published in 1976, After the Guns Fall Silent is an important Arab statement on the Middle East crisis. The central theme is that the October war and détente fundamentally changed the basis of the conflict. The Arab military success and the impact of the oil weapon established a parity between Arab quantity and Israel quality. This new sense of equality has forced both sides into contemplating dialogue rather than unyielding confrontation. The author also predicts that the Palestinian issue is expected to become even more explosive as their advance in diplomatic stature has not produced any political or territorial gain and their struggle has become a world inspiration for the revolt of the dispossessed against the affluent. This book will be of interest to students of history, political science, international relations and Middle Eastern studies.
After the Madness: A Judge's Own Prison Memoir
by Sol WachtlerStory of a New York state supreme court judge and how his career was destroyed by drugs and severe mental illness. Wachtler here publishes a journal telling of his prison experience and the events that led up to it.
After the Madness: A Judge's Own Prison Memoir
by Sol WachtlerDriving down the Long Island Expressway in November of 1992, Sol Wachtler was New York&’s chief judge and heir apparent to the New York governorship. Suddenly, three van loads of FBI agents swerved in front of him—bringing his car and his legal career to a halt. Wachtler's subsequent arrest, conviction, and incarceration for harassing his longtime lover precipitated a media feeding frenzy, revealing to the world his struggles with romantic attachment, manic depression, and drug abuse.In this, his prison diary, Wachtler reveals the stark reality behind his vertiginous fall from the heights of the legal establishment to the underbelly of the criminal justice system. Sentenced to a medium security prison in Butner, North Carolina, Wachtler is stabbed by an unseen assailant, berated by prison guards, and repeatedly placed in solitary confinement with no explanation. Moreover, as a prisoner he confronts firsthand the inequities of a system his judicial rulings helped to construct and befriends the type of people he once sentenced.With unflinching honesty, Wachtler draws on his unique experience of living life on both sides of the bench to paint a chilling portrait of prison life interwoven with a no‑holds‑barred analysis of the shortcomings of the American legal justice system.
After the New Atheist Debate
by Phil RyanThe first decade of the twenty-first century saw a number of best-selling books which not only challenged the existence of god, but claimed that religious faith was dangerous and immoral. The New Atheists, as writers such as Richard Dawkins, Christopher Hitchens, Sam Harris, and Daniel Dennett have become known, sparked a vicious debate over religion's place in modern society.In After the New Atheist Debate, Phil Ryan offers both an elegant summary of this controversy and a path out of the cul-de-sac that this argument has become. Drawing on the social sciences, philosophy, and theology, Ryan examines the claims of the New Atheists and of their various religious and secular opponents and finds both sides wanting.Rather than the mutual demonization that marks the New Atheist debate, Ryan argues that modern society needs respectful ethical dialogue in which citizens present their points of view and seek to understand the positions of others. Lucidly written and clearly argued, After the New Atheist Debate is a book that brings welcome clarity and a solid path to the often contentious conversation about religion in the public sphere.
After the Paris Attacks: Responses in Canada, Europe, and around the Globe
by Edward M. Iacobucci Stephen J. ToopeThe violent attacks on journalists at Charlie Hebdo and shoppers in a Jewish supermarket in Paris in January 2015 raise important questions concerning security, terrorism, and the role of the media in fostering public debate about multiculturalism and freedom of expression. After the Paris Attacks brings together a group of leading scholars, journalists, and political observers to explore how the world reacted to these events and to examine what opportunities exist for a saner and safer future. This timely, interdisciplinary volume presents perspectives from experts in fields such as law, political science, philosophy, and international relations, as well as from the media, offering penetrating insights into how the world can and should respond to the challenge of recent events.
After the War on Crime: Race, Democracy, and a New Reconstruction
by Jonathan Simon Mary Louise Frampton Ian Haney LopezSince the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.
After They Closed the Gates: Jewish Illegal Immigration to the United States, 1921-1965
by Libby GarlandIn 1921 and 1924, the United States passed laws to sharply reduce the influx of immigrants into the country. By allocating only small quotas to the nations of southern and eastern Europe, and banning almost all immigration from Asia, the new laws were supposed to stem the tide of foreigners considered especially inferior and dangerous. However, immigrants continued to come, sailing into the port of New York with fake passports, or from Cuba to Florida, hidden in the holds of boats loaded with contraband liquor. Jews, one of the main targets of the quota laws, figured prominently in the new international underworld of illegal immigration. However, they ultimately managed to escape permanent association with the identity of the OC illegal alienOCO in a way that other groups, such as Mexicans, thus far, have not. Ina"After They Closed the Gates, a"Libby Garland tells the untold stories of the Jewish migrants and smugglers involved in that underworld, showing how such stories contributed to growing national anxieties about illegal immigration. Garland also helps us understand how Jews were linked to, and then unlinked from, the specter of illegal immigration. By tracing this complex history, Garland offers compelling insights into the contingent nature of citizenship, belonging, and Americanness. "
After Trump: Reconstructing The Presidency
by Bob Bauer Jack GoldsmithIn After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era.In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. <P><P>Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms.After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world’s most powerful office.It’s hard to imagine two better co-authors for the task. Both served in senior executive branch positions—in the administrations of Barack Obama and George W. Bush, respectively—and have written widely on the presidency.Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic.Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.
After Violence: Transitional Justice, Peace, and Democracy
by Elin Skaar Camila Gianella Malca Trine EideAfter Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
After Virtue: A Study in Moral Theory (3rd edition)
by Alasdair MacintyreIn this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery.
After War Ends
by Larry MayThere is extensive discussion in current Just War literature about the normative principles which should govern the initiation of war (jus ad bellum) and also the conduct of war (jus in bello), but this is the first book to treat the important and difficult issue of justice after the end of war. Larry May examines the normative principles which should govern post-war practices such as reparations, restitution, reconciliation, retribution, rebuilding, proportionality and the Responsibility to Protect. He discusses the emerging international law literature on transitional justice and the problem of moving from a position of war and possible mass atrocity to a position of peace and reconciliation. He questions the Just War tradition, arguing that contingent pacifism is most in keeping with normative principles after war ends. His discussion is richly illustrated with contemporary examples and will be of interest to students of political and legal philosophy, law and military studies.
Afterlives of Data: Life and Debt under Capitalist Surveillance
by Mary F.E. EbelingWhat our health data tell American capitalism about our value—and how that controls our lives.Afterlives of Data follows the curious and multiple lives that our data live once they escape our control. Mary F. E. Ebeling's ethnographic investigation shows how information about our health and the debt that we carry becomes biopolitical assets owned by healthcare providers, insurers, commercial data brokers, credit reporting companies, and platforms. By delving into the oceans of data built from everyday medical and debt traumas, Ebeling reveals how data about our lives come to affect our bodies and our life chances and to wholly define us.Investigations into secretive data collection and breaches of privacy by the likes of Cambridge Analytica have piqued concerns among many Americans about exactly what is being done with their data. From credit bureaus and consumer data brokers like Equifax and Experian to the secretive military contractor Palantir, this massive industry has little regulatory oversight for health data and works to actively obscure how it profits from our data. In this book, Ebeling traces the health data—medical information extracted from patients' bodies—that are digitized and repackaged into new data commodities that have afterlives in database lakes and oceans, algorithms, and statistical models used to score patients on their creditworthiness and riskiness. Critical and disturbing, Afterlives of Data examines how Americans' data about their health and their debt are used in the service of marketing and capitalist surveillance.
Aftermath: Deportation Law and the New American Diaspora
by Daniel KanstroomSince 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status--as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid. " In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U. S. communities, and the countries that must process and repatriate ever-increasing numbers of U. S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U. S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.
Against Authority: Freedom and the Rise of the Surveillance States
by John Twelve HawksIn both his novels and in his 2005 essay, How We Live Now, John Twelve Hawks was one of the first authors to warn us about the growing power of surveillance technology. Now he has written a personal and controversial book that shows how our lives are watched and analyzed by governments and international corporations. In a world in which our actions can be monitored by a computerized grid of social control, is there anything we can do to defend our freedom?
Against Better Judgment: Akrasia in Anthropological Perspectives (WYSE Series in Social Anthropology #14)
by Patrick McKearney Nicholas H.A. EvansAnthropologists have long explained social behaviour as if people always do what they think is best. But what if most of these explanations only work because they are premised upon ignoring what philosophers call 'akrasia' – that is, the possibility that people might act against their better judgment? The contributors to this volume turn an ethnographic lens upon situations in which people seem to act out of line with what they judge, desire and intend. The result is a robust examination of how people around the world experience weaknesses of will, which speaks to debates in both the anthropology of ethics and moral philosophy.
Against Bioethics
by Jonathan BaronGovernments, health professionals, patients, research institutions, and research subjects look to bioethicists for guidance in making important decisions about medical treatment and research.
Against Constitutional Originalism: A Historical Critique (Yale Law Library Series in Legal History and Reference)
by Jonathan GienappA detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists’ use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists’ unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution’s meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.
Against Constitutionalism
by Martin LoughlinA critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Against Dharma: Dissent in the Ancient Indian Sciences of Sex and Politics (The Terry Lectures Series)
by Wendy DonigerAn esteemed scholar of Hinduism presents a groundbreaking interpretation of ancient Indian texts and their historic influence on subversive resistance Ancient Hindu texts speak of the three aims of human life: dharma,artha, and kama. Translated, these might be called religion, politics, and pleasure, and each is held to be an essential requirement of a full life. Balance among the three is a goal not always met, however, and dharma has historically taken precedence over the other two qualities in Hindu life. Here, historian of religions Wendy Doniger offers a spirited and close reading of ancient Indian writings, unpacking a long but unrecognized history of opposition against dharma. Doniger argues that scientific disciplines (shastras) have offered lively and continuous criticism of dharma, or religion, over many centuries. She chronicles the tradition of veiled subversion, uncovers connections to key moments of resistance and voices of dissent throughout Indian history, and offers insights into the Indian theocracy’s subversion of science by religion today.
Against Entrepreneurship: A Critical Examination
by Anders ÖrtenbladThis book explores whether there is reason to be against entrepreneurship. Just like literature on the darker sides of entrepreneurs and entrepreneurship, the book is an answer to the one-sided, overly positive and uncritical image of entrepreneurship. The “twist” in this book, in comparison with literature on dark sides of entrepreneurship, is to explore being against entrepreneurship. From various perspectives such as lexical semantics, Marxism, philosophy of science and psychology, the contributors contemplate on why there may be reason to be against entrepreneurship discourse as well as entrepreneurship practice. Some chapters are based on first-hand empirical data, others are conceptual. The main overall conclusion is that there are some strong arguments for being against entrepreneurship discourse, as well as for being against certain aspects of entrepreneurship practice. Before it is reasonable to be against entrepreneurship practice in total, a convincing and practicable alternative needs to be developed. This book will be valuable reading for entrepreneurship scholars, as well as academics working in the fields of business ethics, (critical) management, and international business.