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Author: David Fraser Publisher: Routledge ISBN: 113402181X Category : History Languages : en Pages : 301
Book Description
The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.
Author: David Fraser Publisher: Routledge ISBN: 113402181X Category : History Languages : en Pages : 301
Book Description
The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.
Author: Neyire Akpinarli Publisher: BRILL ISBN: 9004178120 Category : Law Languages : en Pages : 284
Book Description
The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
Author: Marie von Engelhardt Publisher: Springer ISBN: 3319626957 Category : Social Science Languages : en Pages : 259
Book Description
This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.
Author: Stephen Breyer Publisher: Vintage ISBN: 0307390837 Category : Political Science Languages : en Pages : 290
Book Description
Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.
Author: Samuel Issacharoff Publisher: Cambridge University Press ISBN: 1107038707 Category : Law Languages : en Pages : 311
Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Ruti Teitel Publisher: Oxford University Press ISBN: 0199911681 Category : Political Science Languages : en Pages : 320
Book Description
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Author: Martha C. Nussbaum Publisher: Cambridge University Press ISBN: 1107393779 Category : Philosophy Languages : en Pages : 587
Book Description
This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This edition, first published in 2001, features a preface by Martha Nussbaum.
Author: Kate Seear Publisher: Routledge ISBN: 0429834764 Category : Health & Fitness Languages : en Pages : 212
Book Description
This book considers how largely accepted ‘legal truths’ about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and ‘addiction’, including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise ‘addicted’ realities, with a range of implications – many of them seemingly unjust – for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug ‘addiction’ emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding ‘practices’, the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
Author: David Fraser
Author: David Fraser
Author: Neyire Akpinarli
Author: Marie von Engelhardt
Author: Stephen Breyer
Author: Samuel Issacharoff
Author: Ruti Teitel
Author: Randy D. Gordon
Author: David Traven
Author: Martha C. Nussbaum
Author: Kate Seear