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Author: Asif Efrat Publisher: Oxford University Press ISBN: 019765889X Category : Conflict of laws Languages : en Pages : 329
Book Description
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Author: Asif Efrat Publisher: Oxford University Press ISBN: 019765889X Category : Conflict of laws Languages : en Pages : 329
Book Description
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Author: Asif Efrat Publisher: Oxford University Press ISBN: 0197658911 Category : Social Science Languages : en Pages : 329
Book Description
In a globalized world, national legal systems often face dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? Intolerant Justice argues that ethnocentrism--the human tendency to divide the world into superior in-groups and inferior out-groups--fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as dangerous and threatening, others dismiss these concerns. The book traces this dynamic in a range of fascinating cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries, the dilemma of extradition to China, and the European wariness toward U.S. civil judgments. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance and shows how this resistance can be overcome.
Author: Yossi Nehushtan Publisher: Bloomsbury Publishing ISBN: 1782259511 Category : Law Languages : en Pages : 208
Book Description
This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated – mainly by addressing legal issues. The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.
Author: Lucia M. Rafanelli Publisher: Oxford University Press ISBN: 0197568866 Category : Political Science Languages : en Pages : 281
Book Description
Global political actors, from states and NGOs to activist groups and individuals, exert influence in societies beyond their own in myriad ways--including via public criticism, consumer boycotts, divestment campaigns, sanctions, and forceful intervention. Often, they do so in the name of justice-promotion. While attempts to promote justice in other societies can do good, they are also often subject to moral criticism and raise several serious moral questions. For example, are there ways to promote one's own ideas about justice in another society while still treating its members tolerantly? Are there ways to do so without disrespecting their legitimate political institutions or undermining their collective self-determination? To understand the ethics of justice-promoting intervention, Lucia M. Rafanelli moves beyond the traditional focus of other scholarship in this area on states waging wars or employing other conventional tools of coercive foreign policy. Specifically, Rafanelli constructs a philosophically-grounded and nuanced ethics of intervention to determine when attempts to promote justice in foreign societies are morally permissible. Promoting Justice Across Borders develops ethical standards for justice-promoting intervention that call on us to rethink received notions about the ordinary bounds of politics, and to abandon the thought that politics does and should take place primarily within the state. These ethical standards also give us a model for how to engage in political struggles for justice on a global scale--not only in conditions of supreme emergency, but in the ordinary circumstances of everyday global politics. They therefore form the basis of a cosmopolitanism that is neither premised upon nor aimed at bringing about the end of politics. Ultimately, Rafanelli shows how the promotion of justice everywhere can be the legitimate (political) concern of people anywhere.
Author: Michael Blake Publisher: Oxford University Press, USA ISBN: 0199552002 Category : Philosophy Languages : en Pages : 146
Book Description
The book is an argument about the moral foundations of foreign policy. It argues that the traditional idea of liberal equality can be interpreted so as to give moral guidance to policy leaders in understanding what they ought to seek internationally.
Author: John RAWLS Publisher: Harvard University Press ISBN: 0674042603 Category : Philosophy Languages : en Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Martha C. Nussbaum Publisher: Harvard University Press ISBN: 0674065913 Category : History Languages : en Pages : 305
Book Description
What impulse prompted some newspapers to attribute the murder of 77 Norwegians to Islamic extremists, until it became evident that a right-wing Norwegian terrorist was the perpetrator? Why did Switzerland, a country of four minarets, vote to ban those structures? How did a proposed Muslim cultural center in lower Manhattan ignite a fevered political debate across the United States? In The New Religious Intolerance, Martha C. Nussbaum surveys such developments and identifies the fear behind these reactions. Drawing inspiration from philosophy, history, and literature, she suggests a route past this limiting response and toward a more equitable, imaginative, and free society. Fear, Nussbaum writes, is "more narcissistic than other emotions." Legitimate anxieties become distorted and displaced, driving laws and policies biased against those different from us. Overcoming intolerance requires consistent application of universal principles of respect for conscience. Just as important, it requires greater understanding. Nussbaum challenges us to embrace freedom of religious observance for all, extending to others what we demand for ourselves. She encourages us to expand our capacity for empathetic imagination by cultivating our curiosity, seeking friendship across religious lines, and establishing a consistent ethic of decency and civility. With this greater understanding and respect, Nussbaum argues, we can rise above the politics of fear and toward a more open and inclusive future.
Author: Paul Voice Publisher: Open Court ISBN: 0812697421 Category : Philosophy Languages : en Pages : 220
Book Description
This book introduces the reader to the political theories of the American philosopher John Rawls. Rawls was arguably the most important political philosopher of the twentieth century. Barely a word of political philosophy is written today that is not indebted in some way, either directly or indirectly, to the philosophical paradigm that Rawls bequeathed. On his death at aged 81 in 2002 his obituaries, written by some of the leading figures in Western philosophy, placed him alongside John Locke and Immanuel Kant in the canon of Western political philosophers. His colleague, the philosopher Hilary Putnam, said: ‘His work is not going to be forgotten for decades, I think, for centuries.’ Rawls Explained sets out Rawls’s complex arguments in a way that makes them accessible to first-time readers of his hugely influential work. This book is both clear in its exposition of Rawls’s ideas and is true to the complex purposes of his arguments. It also attends to the variety of objections that have been made to Rawls’s arguments since it is these objections that have shaped the progression of his work. Therefore the aim of the book is to explain the basic ideas of Rawls’s theory of justice in an engaging but comprehensive fashion and to guide the reader carefully through his arguments. The book is divided into three parts corresponding to the three books that form the core of Rawls’s theory: A Theory of Justice (1971), Political Liberalism (1993) and The Law of Peoples (1999). This volume sets out Rawls’s ideas in the form of a critical exposition that elaborates the central themes and philosophical background of his arguments. Each section of the book ends with a survey of some of the main criticisms of the arguments coupled with Rawls’s strongest counterarguments.
Author: Asif Efrat
Author: Asif Efrat
Author: Asif Efrat
Author: Yossi Nehushtan
Author: Lucia M. Rafanelli
Author: Michael Blake
Author: John RAWLS
Author: Martha C. Nussbaum
Author: Paul Voice
Author: Charles Henry Crookshank
Author: Pennsylvania Bar Association. Annual Meeting