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Lawfare: New Trajectories in Law (New Trajectories in Law)
by Jaume Castan Pinos Mark Friis HauThis book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Lawfare and Judicial Legitimacy: The Judicialisation of Politics in the case of South Africa (Routledge Research in Public Law)
by Kate DentLawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law
by David E. Bernstein a Foreword by Senator Ted CruzLawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more. <P><P> Violating his own promises to respect the Constitution’s separation of powers, Obama brazenly ignores Congress when it won’t rubber-stamp his initiatives. “We can’t wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution’s checks and balances. <P> President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration’s actions are illegal, Obama responds, “So sue me.”
Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict
by Giovanni MantillaIn Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s.By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order.Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Lawrence and the 1912 Bread and Roses Strike
by Susan Grabski Robert ForrantIncorporated in 1847 on the banks of the Merrimack River, Lawrence, Massachusetts, was the final and most ambitious of New England's planned textile-manufacturing cities developed by the Boston-area entrepreneurs who helped launch the American Industrial Revolution. With a dam and canal system to generate power, by 1912 Lawrence led the world in the production of worsted wool cloth. The Pacific Cotton Mills alone had sales of nearly $10 million and had mechanical equipment capable of producing 800 miles of finished textile fabrics every working day. However, industrial growth was accompanied by worsening health, housing, and working conditions for most of the city's workers. These were the root causes that led to the long, sometimes violent struggle between people of diverse ethnic groups and languages and the city's mill owners and overseers. The 1912 strike--known today as the Bread and Roses Strike--became a landmark moment in history.
Lawrence in Arabia: War, Deceit, Imperial Folly and the Making of the Modern Middle East
by Scott AndersonNAMED ONE OF THE BEST BOOKS OF THE YEAR BYNew York Times • Christian Science Monitor • NPR • Seattle Times • St. Louis DispatchNational Book Critics Circle Finalist -- American Library Association Notable BookA thrilling and revelatory narrative of one of the most epic and consequential periods in 20th century history – the Arab Revolt and the secret “great game” to control the Middle East The Arab Revolt against the Turks in World War One was, in the words of T.E. Lawrence, “a sideshow of a sideshow.” Amidst the slaughter in European trenches, the Western combatants paid scant attention to the Middle Eastern theater. As a result, the conflict was shaped to a remarkable degree by a small handful of adventurers and low-level officers far removed from the corridors of power. Curt Prüfer was an effete academic attached to the German embassy in Cairo, whose clandestine role was to foment Islamic jihad against British rule. Aaron Aaronsohn was a renowned agronomist and committed Zionist who gained the trust of the Ottoman governor of Syria. William Yale was the fallen scion of the American aristocracy, who traveled the Ottoman Empire on behalf of Standard Oil, dissembling to the Turks in order gain valuable oil concessions. At the center of it all was Lawrence. In early 1914 he was an archaeologist excavating ruins in the sands of Syria; by 1917 he was the most romantic figure of World War One, battling both the enemy and his own government to bring about the vision he had for the Arab people. The intertwined paths of these four men – the schemes they put in place, the battles they fought, the betrayals they endured and committed – mirror the grandeur, intrigue and tragedy of the war in the desert. Prüfer became Germany’s grand spymaster in the Middle East. Aaronsohn constructed an elaborate Jewish spy-ring in Palestine, only to have the anti-Semitic and bureaucratically-inept British first ignore and then misuse his organization, at tragic personal cost. Yale would become the only American intelligence agent in the entire Middle East – while still secretly on the payroll of Standard Oil. And the enigmatic Lawrence rode into legend at the head of an Arab army, even as he waged secret war against his own nation’s imperial ambitions. Based on years of intensive primary document research, LAWRENCE IN ARABIA definitively overturns received wisdom on how the modern Middle East was formed. Sweeping in its action, keen in its portraiture, acid in its condemnation of the destruction wrought by European colonial plots, this is a book that brilliantly captures the way in which the folly of the past creates the anguish of the present.
Laws (Hackett Classics)
by Plato"This is a superb new translation that is remarkably accurate to Plato's very difficult Greek, yet clear and highly readable. The notes are more helpful than those in any other available translation of the Laws since they contain both the information needed by the beginning student as well as analytical notes that include references to the secondary literature for the more advanced reader. For either the beginner or the scholar, this should be the preferred translation."—Christopher Bobonich, Clarence Irving Lewis Professor of Philosophy, Stanford University
The Laws (Cambridge Library Collection - Classics Ser.)
by PlatoIn the Laws, Plato describes in fascinating detail a comprehensive system of legislation in a small agricultural utopia he named Magnesia. His laws not only govern crime and punishment, but also form a code of conduct for all aspects of life in his ideal state - from education, sport and religion to sexual behaviour, marriage and drinking parties. Plato sets out a plan for the day-to-day rule of Magnesia, administered by citizens and elected officials, with supreme power held by a Council. Although Plato's views that citizens should act in complete obedience to the law have been read as totalitarian, the Laws nonetheless constitutes a highly impressive programme for the reform of society and provides a crucial insight into the mind of one of Classical Greece's foremost thinkers.
Laws
by Plato Benjamin JowettA lively dialogue between a foreign philosopher and a powerful statesman, Plato's Laws reflects the essence of the philosopher's reasoning on political theory and practice. It also embodies his mature and more practical ideas about a utopian republic. Plato's discourse ranges from everyday issues of criminal and matrimonial law to wider considerations involving the existence of the gods, the nature of the soul, and the problem of evil. This translation of Plato's Laws by the distinguished scholar Benjamin Jowett is an authoritative choice for students of philosophy, political science, and literature. It is included among Dover Publications' Philosophical Classics, a series that comprises the major works of ancient and modern world philosophy. Low-priced, high-quality, and unabridged, these editions are ideal for teachers and students as well as for general readers.
Laws and Policies on Surrogacy: Comparative Insights from India
by Harleen KaurThis book is an essential guide on surrogacy, discussing various legal issues that arise in surrogacy cases. It provides a comprehensive coverage to various issues pertaining to surrogacy arrangements due to failure to meet the needs of those involved in surrogacy, be it the intended parents or the surrogate mother, with special emphasis on the most vulnerable party -- the surrogate child. In the wake of this existing imbalance, the call to reform the practice of surrogacy has also increased. The book provides a comprehensive coverage to various laws and policy regulations in existence dealing with surrogacy, and unravels the latest trends and developments happening around the world as surrogacy gains importance. The international perspectives highlight policies and practices being adopted and followed by various nations with regard to surrogacy regulation and associated parenthood rules. This book also analyses some of the significant cross-border disputes revolving around surrogacy, and explores briefly the jurisprudence of the European Court of Human Rights on matters of parentage and citizenship for children born of trans-national surrogacy with special reference to the prospects of a convention on international surrogacy currently being studied by The Hague Conference on Private International Law. Further, it highlights the issues and questions relating to surrogacy arrangements that are so far unresolved and unanswered and suggests measures for improvements to the existing proposed surrogacy legislation in India and need for uniform international regulation. The book is a great resource for legal practitioners, academics, students, policy-makers, infertility clinics, and charitable organizations working on this issue.
Law's Documents: Authority, Materiality, Aesthetics
by Katherine Biber, Trish Luker and Priya VaughanIlluminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings. In 1951, Suzanne Briet, a librarian at the Bibliotheque Nationale in Paris, famously said that an antelope in a zoo could be a document, thereby radically changing the way documents were analysed and understood. In the fifty years since this pronouncement, the digital age has introduced a potentially limitless range of digital and technological forms for the capture and storage of information. In their multiplicity and their ubiquity, documents pervade our everyday life. However, the material, intellectual, aesthetic and political dimensions and effects of documents remain difficult to pin down. Taking a multidisciplinary and international approach, this collection tackles the question, what is a legal document?, in order to explore the material, aesthetic and intellectual attributes of legal documentation; the political and colonial orders reflected and embedded in documents; and the legal, archival and social systems which order and utilise information. As well as scholars in law, documentary theory, history, Indigenous studies, art history and design theory and practice, this book will also appeal to those working in libraries, archives, galleries and museums, for whom the ongoing challenges of documentation in the digital age are urgent and timely questions.
Law’s Ethical, Global and Theoretical Contexts
by Baxi, Upendra and McCrudden, Christopher and Paliwala, Abdul Upendra Baxi Christopher Mccrudden Abdul PaliwalaLaw's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.
Law's Fragile State
by Mark Fathi MassoudHow do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, Massoud uncovers how colonial administrators, postcolonial governments, and international aid agencies have used legal tools and practices to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Refuting the conventional wisdom of a legal vacuum in failed states, this book offers a thoughtful and readable account of the important ways that law matters in even the most extreme cases of states still fighting for political stability. Law's Fragile State helps scholars, students, policymakers, and the interested public to make sense of Sudan and what law does, and what it fails to do, in the world's most desperate environments.
Law's Indigenous Ethics
by John BorrowsLaw’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
Law’s Memories (Palgrave Socio-Legal Studies)
by Matt HowardThis book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.
Laws, Men and Machines: Modern American Government and the Appeal of Newtonian Mechanics (Routledge Revivals)
by Michael FoleyFirst published in 1990, Laws, Men and Machines is an original interpretation of the lasting influence that Newtonian mechanics has had on the design and operation of the American political system. The author argues that it is this mechanistic tradition that now instinctively shapes the way we conceive of, analyse, and evaluate American politics, and that the Newtonian conception of the world still finds expression in the 'checks and balances' of the American system.
Laws of Chaos: A Probabilistic Approach To Political Economy
by Moshé Machover Emmanuel FarjounClassic work of political economicsA defining work of Econophysics, and republished for the first time since 1983, Laws of Chaos is an attempt to construct a non-deterministic theoretical framework for the foundations of political economy. It relies on probabilistic and statistical methods of the kind used in the modern foundations of several other sciences, introducing scientific modelling into economics for the first time.
The Laws of Globalization and Business Applications
by Pankaj GhemawatThe Laws of Globalization and Business Applications employs a variety of empirical methodologies to establish two broad regularities that apply to international activity at the firm, industry, and country levels - the law of semiglobalization and the law of distance - and explores some of their implications for business. Part I presents evidence in support of the law of semiglobalization at the country and the business levels historically and up to the present. Part II performs an analogous function regarding the second law of globalization, showing that the gravity models that international economists have used to analyze merchandise trade between countries also apply to other types of international interactions - and at the industry and firm levels as well. Part III applies these laws to various challenges and opportunities that distance along various dimensions presents to multinational firms. A free online appendix provides additional data, analysis, and documentation to support research applications.
The Laws of Plato
by Plato Thomas L. PangleThe Laws, Plato's longest dialogue, has for centuries been recognized as the most comprehensive exposition of the practical consequences of his philosophy, a necessary corrective to the more visionary and utopian Republic. In this animated encounter between a foreign philosopher and a powerful statesman, not only do we see reflected, in Plato's own thought, eternal questions of the relation between political theory and practice, but we also witness the working out of a detailed plan for a new political order that embodies the results of Plato's mature reflection on the family, the status of women, property rights, criminal law, and the role of religion and the fine arts in a healthy republic. "Because it succeeds in being both literal and comprehensive, it is by far superior to any translation available. By reproducing dramatic detail often omitted, such as oaths, hesitations, repetitions, and forms of address, Pangle allows the reader to follow the dialogue's interplay between argument and dramatic context. . . . Pangle's translation captures the excitement and the drama of Plato's text. "--Mary P. Nichols, Ancient Philosophy "Pangle's achievement is remarkable. . . . The accompanying interpretive essay is an excellent distillation of a dialogue three times its size. The commentary is thoughtful, even profound; and it amply demonstrates the importance of reading Plato carefully and from a translation that is true to his language. "--Patrick Coby, American Political Science Review
Laws of Politics: Their Operations in Democracies and Dictatorships (Routledge Advances in International Relations and Global Politics)
by Alfred G. CuzánDrawing on classic and contemporary scholarship and empirical analysis of elections and public expenditures in 80 countries, the author argues for the existence of primary and secondary laws of politics. Starting with how basic elements of politics—leadership, organization, ideology, resources, and force—coalesce in the formation of states, he proceeds to examine the operations of those laws in democracies and dictatorships. Primary laws constrain the support that incumbents draw from the electorate, limiting their time in office. They operate unimpeded in democracies. Secondary laws describe the general tendency of the state to expand vis-à-vis economy and society. They exert their greatest force in one-party states imbued with a totalitarian ideology. The author establishes the primary laws in a rigorous analysis of 1,100 parliamentary and presidential elections in 80 countries, plus another 1,000 U.S. gubernatorial elections. Evidence for the secondary laws is drawn from public expenditure data series, with findings presented in easily grasped tables and graphs. Having established these laws quantitatively, the author uses Cuba as a case study, adding qualitative analysis and a practical application to propose a constitutional framework for a future Cuban democracy. Written in an engaging, jargon-free style, this enlightening book will be of great interest to students and scholars in political science, especially those specializing in comparative politics, as well as opinion leaders and engaged citizens.
Laws of the Land: Fengshui and the State in Qing Dynasty China
by Tristan G. BrownA groundbreaking history of fengshui’s roles in public life and law during China’s last imperial dynastyToday the term fengshui, which literally means “wind and water,” is recognized around the world. Yet few know exactly what it means, let alone its fascinating history. In Laws of the Land, Tristan Brown tells the story of the important roles—especially legal ones—played by fengshui in Chinese society during China’s last imperial dynasty, the Manchu Qing (1644–1912).Employing archives from Mainland China and Taiwan that have only recently become available, this is the first book to document fengshui’s invocations in Chinese law during the Qing dynasty. Facing a growing population, dwindling natural resources, and an overburdened rural government, judicial administrators across China grappled with disputes and petitions about fengshui in their efforts to sustain forestry, farming, mining, and city planning. Laws of the Land offers a radically new interpretation of these legal arrangements: they worked. An intelligent, considered, and sustained engagement with fengshui on the ground helped the imperial state keep the peace and maintain its legitimacy, especially during the increasingly turbulent decades of the nineteenth century. As the century came to an end, contentious debates over industrialization swept across the bureaucracy, with fengshui invoked by officials and scholars opposed to the establishment of railways, telegraphs, and foreign-owned mines.Demonstrating that the only way to understand those debates and their profound stakes is to grasp fengshui’s longstanding roles in Chinese public life, Laws of the Land rethinks key issues in the history of Chinese law, politics, science, religion, and economics.
Laws of the Sea: Interdisciplinary Currents
by Irus BravermanLaws of the Sea assembles scholars from law, geography, anthropology, and environmental humanities to consider the possibilities of a critical ocean approach in legal studies. Unlike the United Nations’ monumental Convention on the Law of the Sea, which imagines one comprehensive constitutional framework for governing the ocean, Laws of the Sea approaches oceanic law in plural and dynamic ways. Critically engaging contemporary concerns about the fate of the ocean, the collection’s twelve chapters range from hydrothermal vents through the continental shelf and marine genetic resources to coastal communities in France, Sweden, Florida, and Indonesia. Documenting the longstanding binary of land and sea, the chapters pose a fundamental challenge to European law’s “terracentrism” and its pervasive influence on juridical modes of knowing and making the world. Together, the chapters ask: is contemporary Eurocentric law—and international law in particular—capable of moving away from its capitalist and colonial legacies, established through myriad oceanic abstractions and classifications, toward more amphibious legalities? Laws of the Sea will appeal to legal scholars, geographers, anthropologists, cultural and political theorists, as well as scholars in the environmental humanities, political ecology, ocean studies, and animal studies.
The Laws of Transparency in Action: A European Perspective (Governance and Public Management)
by Dacian C. Dragos Polonca Kovač Albert T. MarseilleThis book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.
Laws, Outlaws, and Terrorists: Lessons from the War on Terrorism (Belfer Center Studies in International Security)
by Gabriella Blum Philip B. HeymannGuidance for maintaining national security without abandoning the rule of law and our democratic values.In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its “global war on terrorism,” the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a “no-law zone.”In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.
Law's Religion
by Benjamin L. BergerPrevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law's Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force.Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law's understanding of religion shapes religious freedom. Rather than calling for legal reform, Law's Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.