Principled Resistance to ECtHR Judgments - A New Paradigm? PDF Download

Author: Marten Breuer
Publisher: Springer
ISBN: 3662589869
Category : Law
Languages : en
Pages : 362

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Book Description
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.

Author: Doris A. Santoro
Publisher:
ISBN: 9781682532287
Category : Education
Languages : en
Pages : 0

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Book Description
Principled Resistance: How Teachers Resolve Ethical Dilemmas brings together senior scholars and activist teachers to explore the concept of resistance as a necessary response to mandates that conflict with their understanding of quality teaching. The book provides vivid examples of the pedagogical, professional, and democratic principles undergirding resistance, as well as the distinct perspective of each of its contributors: teachers who reflect on their acts of principled resistance; teacher educators who study teachers and support their professional growth; and historians who demonstrate that a tradition of teachers' principled resistance has had a significant impact on American society, not only on schools and teaching. They also show the steps teachers take, in their reasoning and in their actions, to resist policies and mandates they are expected to enact. This volume offers a critical and unique resource for teacher educators who are preparing prospective teachers to navigate the contentious terrain of education politics, teachers who are interested in leading change, and others interested in educational ethics.

Author: Robert Allan Hill
Publisher: Wipf and Stock Publishers
ISBN: 1532657439
Category : Religion
Languages : en
Pages : 74

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Book Description
Our churches and our country long for an expression of common hope. Over the last century, venerable voices in affirmation of a common faith and a common ground have been lifted and heard in Boston, such as those of John Dewey and Howard Thurman. The Dean of Marsh Chapel, Robert Allan Hill, has preached on themes related to a common hope since 2006. Hill has lifted the theology of hope, of a common hope, at the marrow of the gospel. We cherish our forebears, who taught about a common faith and preached a common ground. In church and culture today in America, it is the prospect of a lasting, sturdy, shared hope, more purple than either blue or red, for which we hunger. The sermons about a common hope collected here were preached at the Chautauqua Institution in August of 2017.

Author: Gordon K. Hirabayashi
Publisher: University of Washington Press
ISBN: 0295804645
Category : Social Science
Languages : en
Pages : 241

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Book Description
In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life. Scott and Laurie Oki Series in Asian American Studies A Capell Family Book

Author: Stellan Vinthagen
Publisher: Bloomsbury Publishing
ISBN: 1780320531
Category : Social Science
Languages : en
Pages : 328

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Book Description
In this ground-breaking and much-needed book, Stellan Vinthagen provides the first major systematic attempt to develop a theory of nonviolent action since Gene Sharp's seminal The Politics of Nonviolent Action in 1973. Employing a rich collection of historical and contemporary social movements from various parts of the world as examples - from the civil rights movement in America to anti-Apartheid protestors in South Africa to Gandhi and his followers in India - and addressing core theoretical issues concerning nonviolent action in an innovative, penetrating way, Vinthagen argues for a repertoire of nonviolence that combines resistance and construction. Contrary to earlier research, this repertoire - consisting of dialogue facilitation, normative regulation, power breaking and utopian enactment - is shown to be both multidimensional and contradictory, creating difficult contradictions within nonviolence, while simultaneously providing its creative and transformative force. An important contribution in the field, A Theory of Nonviolent Action is essential for anyone involved with nonviolent action who wants to think about what they are doing.

Author: Victor Davis Hanson
Publisher: Basic Books
ISBN: 1541673506
Category : History
Languages : en
Pages : 347

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Book Description
In this “gripping account of catastrophic defeat” (Barry Strauss), a New York Times–bestselling historian charts how and why some societies chose to utterly destroy their foes, and warns that similar wars of obliteration are possible in our time “In The End of Everything, Hanson tells compelling and harrowing stories of how civilizations perished. He helps us consider contemporary affairs in light of that history, think about the unthinkable, and recognize the urgency of trying to prevent our own demise.” — H. R. McMaster, author of Battlegrounds War can settle disputes, topple tyrants, and bend the trajectory of civilization—sometimes to the breaking point. From Troy to Hiroshima, moments when war has ended in utter annihilation have reverberated through the centuries, signaling the end of political systems, cultures, and epochs. Though much has changed over the millennia, human nature remains the same. Modern societies are not immune from the horror of a war of extinction. In The End of Everything, military historian Victor Davis Hanson narrates a series of sieges and sackings that span the age of antiquity to the conquest of the New World to show how societies descend into barbarism and obliteration. In the stories of Thebes, Carthage, Constantinople, and Tenochtitlan, he depicts war’s drama, violence, and folly. Highlighting the naivete that plagued the vanquished and the wrath that justified mass slaughter, Hanson delivers a sobering call to contemporary readers to heed the lessons of obliteration lest we blunder into catastrophe once again.

Author: Robert Zaretsky
Publisher: University of Chicago Press
ISBN: 0226826600
Category : Biography & Autobiography
Languages : en
Pages : 192

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Book Description
Known as the “patron saint of all outsiders,” Simone Weil (1909–43) was one of the twentieth century’s most remarkable thinkers, a philosopher who truly lived by her political and ethical ideals. In a short life framed by the two world wars, Weil taught philosophy to lycée students and organized union workers, fought alongside anarchists during the Spanish Civil War and labored alongside workers on assembly lines, joined the Free French movement in London and died in despair because she was not sent to France to help the Resistance. Though Weil published little during her life, after her death, thanks largely to the efforts of Albert Camus, hundreds of pages of her manuscripts were published to critical and popular acclaim. While many seekers have been attracted to Weil’s religious thought, Robert Zaretsky gives us a different Weil, exploring her insights into politics and ethics, and showing us a new side of Weil that balances her contradictions—the rigorous rationalist who also had her own brand of Catholic mysticism; the revolutionary with a soft spot for anarchism yet who believed in the hierarchy of labor; and the humanitarian who emphasized human needs and obligations over human rights. Reflecting on the relationship between thought and action in Weil’s life, The Subversive Simone Weil honors the complexity of Weil’s thought and speaks to why it matters and continues to fascinate readers today.

Author: James Marsh
Publisher: University of Toronto Press
ISBN: 1442619147
Category : Philosophy
Languages : en
Pages : 198

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Book Description
In his philosophical classic Insight, Catholic philosopher and theologian Bernard Lonergan introduced the concept of self-appropriation – the personal search for knowledge of the self, and through that of the world – as the basis for systematic philosophical investigation. In Lonergan in the World, James L. Marsh argues, clearly and passionately, that self-appropriation can serve as the basis for philosophical, ethical, and even political and economic thought. Comparing and applying Lonergan’s principles to major trends in contemporary philosophy, including phenomenology, hermeneutics, postmodernism, analytic philosophy, and Marxism, Marsh uncovers the philosophical and the socio-political implications of Lonergan’s work and its value as the basis for a search for justice and self-understanding. Drawing on Marsh’s more than forty years of studying and teaching Lonergan’s thought, Lonergan in the World is a book that should be read not just by philosophers and theologians, but by anyone interested in the philosophical foundations of a just and authentic life.

Author: Peretz Kidron
Publisher: Zed Books Ltd.
ISBN: 1848137664
Category : History
Languages : en
Pages : 146

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Book Description
Hundreds of Israeli soldiers, called up to take part in controversial campaigns like the 1982 invasion of Lebanon or policing duties in the Palestinian territories today, have refused orders. Many of these 'refuseniks' have faced prison sentences rather than take part in what they regard as an unjust occupation in defence of illegal Jewish settlements. In this inspirational book, Peretz Kidron, himself a refusenik, gives us the stories, experiences, viewpoints, even poetry, of these courageous conscripts who believe in their country, but not in its actions beyond its borders. We read about the cautious, even embarrassed, response of the authorities. And we see the wider implications of the philosophy of selective refusal - which is not the same thing as pacifism -- for conscientious citizens in every country where conscription still exists. Here is a real model for the peace movement in Israel and worldwide.

Author: J. C. D. Clark
Publisher: Oxford University Press
ISBN: 0192548999
Category : History
Languages : en
Pages : 483

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Book Description
Thomas Paine (1737-1809) was England's greatest revolutionary: no other reformer was as actively involved in events of the scale of the American and French Revolutions, and none wrote such best-selling texts with the impact of Common Sense and Rights of Man. No one else combined the roles of activist and theorist, or did so in the 'age of revolutions', fundamental as it was to the emergence of the 'modern world'. But his fame meant that he was taken up and reinterpreted for current use by successive later commentators and politicians, so that the 'historic Paine' was too often obscured by the 'usable Paine'. J. C. D. Clark explains Paine against a revised background of early- and mid-eighteenth-century England. He argues that Paine knew and learned less about events in America and France than was once thought. He de-attributes a number of publications, and passages, hitherto assumed to have been Paine's own, and detaches him from a number of causes (including anti-slavery, women's emancipation, and class action) with which he was once associated. Paine's formerly obvious association with the early origin and long-term triumph of natural rights, republicanism, and democracy needs to be rethought. As a result, Professor Clark offers a picture of radical and reforming movements as more indebted to the initiatives of large numbers of men and women in fast-evolving situations than to the writings of a few individuals who framed lasting, and eventually triumphant, political discourses.