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In times of rapidly changing social worlds and an ever more fragile controllability of the law, international legal comparison obtains increasing relevance. Frequently, similar or even identical questions and problems must be answered and solved in different legal communities, but there is rarely a single answer or solution. For a decade, the Faculty of Law of the University of Göttingen and the Yonsei Law School in Seoul (Republic of Korea) have engaged in continuous dialogue about both current and fundamental questions of legal reform. In October 2018, the fifth German-Korean Symposium took place. The lectures and presentations covered highly relevant aspects of public environmental law, insolvency proceeding, law of criminal sanctions and law of the constitution of the criminal courts as well as computer crime, including historic and philosophical foundations of the law. This volume combines the elementary contributions and makes them accessible for the interested professional public.
In einer Zeit der sich beschleunigt verändernden sozialen Welten und einer immer fragiler werdenden Steuerungsfähigkeit des Rechts gewinnt der internationale Rechtsvergleich wachsende Bedeutung: Nicht selten begegnen in verschiedenen Rechtsgemeinschaften ähnliche oder gar dieselben Fragen und Probleme, auf die es aber selten nur eine einzige Antwortmöglichkeit gibt. Schon seit einem Jahrzehnt befinden sich die Juristische Fakultät der Universität Göttingen mit der Yonsei Law School in Seoul (Südkorea) in einem kontinuierlichen Dialog über ebenso aktuelle wie grundlegende Reformfragen des Rechts. Im Oktober 2018 fand bereits zum fünften Mal ein deutsch-koreanisches Symposium statt; die Vorträge und Präsentationen umfassten zu diesem Anlass hochbedeutsame Aspekte des öffentlichen Umweltrechts, des Insolvenzverfahrens, des strafrechtlichen Sanktionen- und Strafgerichtsverfassungsrechts sowie der Computerkriminalität mitsamt ausgewählten historischen und philosophischen Grundlagen des Rechts. Die wesentlichen Beiträge sind in diesem Band zusammengeführt und werden der interessierten Fachöffentlichkeit zugänglich gemacht.
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This open access book provides an exhaustive picture of the role that annulment conflicts play in the EU multilevel system. Based on a rich dataset of annulment actions since the 1960s and a number of in-depth case studies, it explores the political dimension of annulment litigation, which has become an increasingly relevant judicial tool in the struggle over policy content and decision-making competences. The book covers the motivations of actors to turn policy conflicts into annulment actions, the emergence of multilevel actors’ litigant configurations, the impact of actors’ constellations on success in court, as well as the impact of annulment actions on the multilevel policy conflicts they originate from.
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Regulating Political Parties provides a novel and valuable contribution to the existing literature on political parties by discussing the various dimensions of party law and regulation, in Europe and other regions of the world. By bringing together international experts from the disciplines of law and political science, this volume addresses from an interdisciplinary and comparative point of view what has long been a notable lacuna in the study of political parties.
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This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties’ self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.
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This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.
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To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.
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Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider’s perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions: what is the relevant grouping, what can be counted as a traditional law and when has there been too much change of tradition? How will such evidence be received by judges who are becoming increasingly sceptical about experts tailoring their evidence to suit the party which called them? This book answers these questions by assuming that there is more at stake here than the mere performance of roles. Rather, there is a complex interaction of distinct social fields each with its own habitus, and individual actors are engaged in an active and constructive agency, however subtle, which the painstaking research for this book uncovers.
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In 2011, Professor Adrian J Bradbrook retired from a distinguished scholarly career spanning over forty years. During this time, he made a significant contribution to teaching and scholarship not only in property law — specifically to leasehold tenancies law and easements and restrictive covenants — but also to energy law, especially the emerging and growing field of solar energy. This book brings together those people who worked closely with Bradbrook, each an expert in their own right, to honour a career by critically engaging with the contributions Bradbrook made to property and energy law. Each author has chosen a topic that both fits with their own cutting-edge research and explores the related contributions made by Bradbrook. Most unusually, this collection ranges widely across property law, energy law and human rights.
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Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy.
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With their rich traditions of conflict resolution and peacemaking, the Pacific Islands provide a fertile environment for developing new approaches to crime and conflict. Interactions between formal justice systems and informal methods of dispute resolution contain useful insights for policy makers and others interested in socially attuned resolutions to the problems of order that are found increasingly in the Pacific Islands as elsewhere. Contributors to this volume include Pacific Islanders from Vanuatu, Fiji, the Solomon Islands, Papua New Guinea including Bougainville, as well as outsiders with a longstanding interest in the region. They come from a variety of backgrounds and include criminal justice practitioners, scholars, traditional leaders and community activists. The chapters deal with conflict in a variety of contexts, from interpersonal disputes within communities to large-scale conflicts between communities. This is a book not only of stories but also of practical models that combine different traditions in creative ways and that offer the prospect of building more sustainable resolutions to crime and conflict.
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In this open access book, experts on integration processes, integration policies, transnationalism, and the migration and development framework provide an academic assessment of the 2011 European Agenda for the Integration of Third-Country Nationals, which calls for integration policies in the EU to involve not only immigrants and their society of settlement, but also actors in their country of origin. Moreover, a heuristic model is developed for the non-normative, analytical study of integration processes and policies based on conceptual, demographic, and historical accounts. The volume addresses three interconnected issues: What does research have to say on (the study of) integration processes in general and on the relevance of actors in origin countries in particular? What is the state of the art of the study of integration policies in Europe and the use of the concept of integration in policy formulation and practice? Does the proposal to include actors in origin countries as important players in integration policies find legitimation in empirical research? A few general conclusions are drawn. First, integration policies have developed at many levels of government: nationally, locally, regionally, and at the supra-national level of the EU. Second, a multitude of stakeholders has become involved in integration as policy designers and implementers. Finally, a logic of policymaking—and not an evidence-based scientific argument—can be said to underlie the European Commission’s redefinition of integration as a three-way process. This book will appeal to academics and policymakers at international, European, national, regional, and local levels. It will also be of interest to graduate and master-level students of political science, sociology, social anthropology, international relations, criminology, geography, and history.
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In 2011, Professor Adrian J Bradbrook retired from a distinguished scholarly career spanning over forty years. During this time, he made a significant contribution to teaching and scholarship not only in property law — specifically to leasehold tenancies law and easements and restrictive covenants — but also to energy law, especially the emerging and growing field of solar energy. This book brings together those people who worked closely with Bradbrook, each an expert in their own right, to honour a career by critically engaging with the contributions Bradbrook made to property and energy law. Each author has chosen a topic that both fits with their own cutting-edge research and explores the related contributions made by Bradbrook. Most unusually, this collection ranges widely across property law, energy law and human rights.
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By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
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The Politics of Security tells the story of how people experienced the cold war as a war. It is about the impact of the cold war on political cultures. This crucial issue is often forgotten in historical memory. In particular, the book follows British and West German anti-nuclear-weapons activists in their attempts to campaign for and create security after the destruction of the Second World War, and how their own version of security clashed with concepts advanced by their own governments. But the book also demonstrates how, as part of the protests against nuclear weapons, activists and their societies learned to live with the Bomb: it recounts how activists first discovered the dangers of nuclear weapons, but how a different generation of activists came to focus on other issues as the Vietnam War became their primary concern. And it makes comprehensible how activists in two societies who had fought each other fiercely in the battle of dictatorships and democracies of the Second World War could now come to see each other as part of a common campaign. Fundamentally, with its transnational approach, the book highlights how these two societies drew on very similar arguments when they came to understand the cold war through the prism of the previous world war. The book is the first to capture in a transnational fashion what activists did on the marches and what it meant to them and to others. The book thus reminds us that threats are not merely out there, but that they need to be created in a political process that involves struggles for power and contestation.
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Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and before the EU courts in Luxembourg but their ramifications for the EU legal order and that of the member states remains underexplored. Through analysis of over 300 cases, the book finds evidence of a twin-track approach whereby the Court of Justice of the European Union (CJEU) adopts a maximalist approach to Treaty enforcement, where EU agreements are invoked in challenges to member state level action whilst largely insulating EU action from meaningful review vis-à-vis agreements. The book also reveals novel findings regarding the use of EU agreements in EU level litigation including: the types and which specific EU agreements (including the types of provisions) have arisen in litigation; the nature of the proceedings (preliminary rulings or direct actions) and the number of occasions in which they have been addressed in challenges to member state or EU action and the outcomes; who has been litigating (individuals, institutions, or member states) and which domestic courts have been referring questions to the CJEU. The significance of the judicial developments in this area are situated within the context of the domestic constitutional ramifications for member state legal orders thus revealing a neglected dimension in the constitutionalization debates, which traditionally emphasized the ramifications of internal EU law for the domestic constitutional order without expressly accommodating the constitutional significance of this external category of EU law nor the different challenges that this poses domestically.
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The successful transition from armed conflict to peace is one of the greatest challenges of contemporary warfare. The laws and principles governing transitions from conflict to peace (jus post bellum) have only recently gained attention in legal scholarship. This volume investigates questions concerning the core of jus post bellum: the law (“jus”), the temporal aspect (“post”), and different types of armed conflict (“bellum”). It is the first volume to clarify the different legal meanings and components of the concept, including its implications in contemporary politics and practice. It explores the nature of jus post bellum as a concept, including its foundations, criticisms, and relationship to related concepts (e.g. Transitional Justice, Responsibility to Protect). It rethinks the nexus of the concept to jus ad bellum and jus in bello and its relevance in internal armed conflicts and peacebuilding. It examines problems in relation to the ending of conflict, including indicators for the end of conflict, exit strategies, and institutional responses. It also identifies contours of a “jus,” drawing on disparate bodies and sources of international law such as peace agreements, treaty law, self-determination, norms governing peace operations, and the status of foreign armed forces, environmental law, human rights, and amnesty law. Taking into account perspectives from multiple disciplines, the book will be relevant to scholars, practitioners, and students across many fields, such as peace and conflict studies, international relations, philosophy, political science, and international law.
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And — perhaps most important of all — how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
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It has been widely acknowledged that the process of European integration and unification was started and is still pursued as an elite project, designed to put an end to debilitating conflicts and rivalries by consolidating a common power base and by pooling Europe’s economic resources. Nevertheless elites have remained the known unknowns of the European integration process. The present volume is designed to change this. Based on surveys of political and economic elites in 18 European countries, it is a comprehensive study of the visions, fears, cognitions, and values of members of national parliaments and top business leaders underlying their attitudes towards European integration. It also investigates political and economic elites’ embeddedness in transnational networks and their ability to communicate in multicultural settings. Our book strongly supports the view of an elitist character of the process of European integration on the one hand, while challenging the idea that European national elites have merged or are even merging into a coherent Eurelite on the other. As the 11 chapters of this book show, the process of European integration is much more colourful and even contradictory than concepts of a straightforward normative and structural integration suggest. In particular this process is deeply rooted in and conditional on the social and political settings in national contexts. The empirical basis for this book is provided by the data of the international IntUne project, which has for the first time created a comprehensive database combining coordinated surveys of Europe-related attitudes at the elite and general population level.
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Focusing on the social democratic heartland of Western Europe, In search of social democracy gives the first detailed assessment of how the new social democratic revisionism has fared in government. The book begins by considering the causes of the end of social democracy’s golden age and the magnitude of the challenges faced by social democratic parties after the 1970s. It then examines detailed case studies of how particular social democratic parties responded to this changed political terrain. Finally, it contributes to a broader conversation about the future of social democracy by considering ways in which the political thought of ‘third way’ social democracy might be radicalised for the twenty-first century. The contributors offer a variety of perspectives, but are united by the conviction that the themes addressed in this book are crucial to determining the feasibility of more egalitarian and democratic social outcomes than have been possible in the era of neo-liberalism.
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Everyday Resistance, Peacebuilding and State-making addresses debates on the liberal peace and the policies of peacebuilding through a theoretical and empirical study of resistance in peacebuilding contexts. Examining the case of ‘Africa’s World War’ in the DRC, it locates resistance in the experiences of war, peacebuilding and state-making by exploring discourses, violence and everyday forms of survival as quotidian acts that attempt to challenge or mitigate such experiences. The analysis of resistance offers a possibility to bring the historical and sociological aspects of both peacebuilding and the case of the DRC, providing new nuanced understanding on these processes and the particular case. The book also makes a significant contribution to the theorisation of resistance in International Relations.
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"Since ancient times and across cultures, dance has provided a powerful form of human expression. In this inspiring book, Dana Mills examines the political power of dance from a global perspective. Mills explores different dimensions of dance as a form of intervention into a politics more commonly articulated in words. She is interested in dance as a system of communication that allows its subjects to speak with their bodies and to create embodied spaces, drawing attention to the radically egalitarian nature of dance with its ability to transcend all boundaries of gender, race and sexual politics. The book is structured around a range of cross-cultural and comparative examples, from the work of Isadora Duncan and Martha Graham to gumboot dancers in South Africa and the One Billion Rising movement, which uses dance to protest against gendered violence. Each case study references powerful dance ‘moments’, providing links to YouTube clips to allow readers to experience dance directly as they read. The case studies are discussed within a conceptual framework drawing on Rancière’s concept of dissensus and in the light of recent work on embodied politics by political theorists including Jodi Dean and Jane Bennett. Dance and politics is aimed at a dual audience of political theorists and students and scholars of dance and performance. It will also be of great interest to readers seeking to expand their thinking about politics, embodiment and activism."
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This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.
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This collection brings methods and questions from humanities, law and social sciences disciplines to examine different instances of lawmaking. Contributors explore the problematic of past law in present historical analysis across indigenous Australia and New Zealand, from post-Franco Spain to current international law and maritime regulation, from settler colonial humanitarian debates to efforts to end cruelty to children and animals. They highlight problems both national and international in their implication. From different disciplines and theoretical positions, they illustrate the diverse and complex study of law’s history.
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Precarious Claims tells the human story behind the bureaucratic process of fighting for justice in the U.S. workplace. The global economy has fueled vast concentrations of wealth that have driven a demand for cheap and flexible labor. Workplace violations such as wage theft, unsafe work environments, and discrimination are widespread in low-wage industries such as restaurants, retail, hospitality, and domestic work, where jobs are often held by immigrants and other vulnerable workers. Despite the challenges they face, these workers do seek justice. Why and how do they come forward,and what happens once they do? Based on extensive fieldwork in Northern California, Shannon Gleeson investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections. Gleeson also tracks how workplace injustices—and the arduous process of contesting them—have long-term effects on their everyday lives. Workers sometimes win, but their chances are precarious at best.
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In this compelling title, two distinguished scholars share their experiences as expert witnesses in cases ranging from eyewitness testimony, person identification and recovered memories, to false confessions, collaborative storytelling and causal attribution, in the context of various interrogation techniques and their ability to deliver reliable results. Each chapter describes in lucid, entertaining prose a representative case in the context of scholarly literature to date, showing how psychological expertise has been (and can be) used in a legal setting. The cases include petty and serious crime, from illegal gambling, infringed trademarks and risqué courtship behaviour, to honour killing and death on the climbing wall. The authors' findings and recommendations apply to legal systems worldwide. There is no other English-language textbook covering a similarly wide range of offences, and this volume will fill a gap in the existing literature and demonstrate how psychological expertise can be used in a much larger area than is often realised.
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The book offers the first treatment in English to provide a thorough examination of the legal duties falling under the principle of loyalty in EU public law. Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of sincere cooperation has had a significant impact in deepening the reach of EU law within the Member States. The principle has been central to the development of Union law since the 1960s, and is still being relied on by the European Court of Justice to often-controversial effect. Providing a thorough discussion of the principle of loyalty in EU law, this book introduces a novel classification of the very diverse roles loyalty plays in the EU. It distinguishes between the effects loyalty prescribes for interlocking the legal orders of the Member States with Union law (cohesion), its application in preventing and resolving conflicts between the Union and the Member States (cooperation), and the loyalty principle's role in the shaping of EU law (construction). It addresses important and yet unresolved questions pertaining to loyalty, such as its relation to the principles of solidarity, effectiveness, fidelity, pre-emption, the Union interest, institutional balance, and the unity of international representation. The book explains why the principle of loyalty has been neglected in the prevailing narratives about the constitutionalization of EU law, places it in its international context, examining how it has influenced EU law and the comparisons that can be drawn with national and international principles of law.
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This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
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Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.
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Deportations by train were critical in the Nazis’ genocidal vision of the “Final Solution of the Jewish Question.” Historians have estimated that between 1941 and 1944 up to three million Jews were transported to their deaths in concentration and extermination camps. In his writings on the “Final Solution,” Raul Hilberg pondered the role of trains: “How can railways be regarded as anything more than physical equipment that was used, when the time came, to transport the Jews from various cities to shooting grounds and gas chambers in Eastern Europe?” This book explores the question by analyzing victims’ experiences at each stage of forced relocation: the round-ups and departures from the ghettos, the captivity in trains, and finally, the arrival at the camps. Utilizing a variety of published memoirs and unpublished testimonies, the book argues that victims experienced train journeys as mobile chambers, comparable in importance to fixed locations of persecution such as ghettos and camps.
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This book arose from an inaugural conference on Migration Law and Policy at the ANU College of Law. The conference brought together academics and practitioners from a diverse range of disciplines and practice. The book is based on a selection of the papers and presentations given during that conference. Each explores the unexpected, unwanted and sometimes tragic outcomes of migration law and policy, identifying ambiguities, uncertainties, and omissions affecting both temporary and permanent migrants. Together, the papers present a myriad of perspectives, providing a sense of urgency that focuses on the immediate and political consequences of an Australian migration milieu created without due consideration and exposing the daily reality under the migration program for individuals and for society as a whole.
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This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.
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This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."
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Technological and economic concerns have long been the drivers of debate about copyright. But diverse disciplines in the humanities - including literary studies, aesthetics, film studies, and the philosophy of art - have a great deal to offer if we wish to establish a more nuanced and useful conception of copyright and authorship. This volume brings together scholars from a range of disciplines to explore the challenges inherent in translating aesthetics and creativity studies to concepts of copyright, especially as longstanding approaches are troubled by the rise of the digital.
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A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates. The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. It has a full bibliography and includes an annex providing translated extracts of the laws under examination.
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In this new Brookings Marshall Paper, Michael O’Hanlon argues that now is the time for Western nations to negotiate a new security architecture for neutral countries in eastern Europe to stabilize the region and reduce the risks of war with Russia. He believes NATO expansion has gone far enough. The core concept of this new security architecture would be one of permanent neutrality. The countries in question collectively make a broken-up arc, from Europe’s far north to its south: Finland and Sweden; Ukraine, Moldova, and Belarus; Georgia, Armenia, and Azerbaijan; and finally Cyprus plus Serbia, as well as possibly several other Balkan states. Discussion on the new framework should begin within NATO, followed by deliberation with the neutral countries themselves, and then formal negotiations with Russia.
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Why do states block some foreign direct investment on national security grounds even when it originates from within their own security community? Government intervention into foreign takeovers of domestic companies is on the rise, and many observers find it surprising that states engage in such behavior not only against their strategic and military competitors, but also against their closest allies. Ashley Thomas Lenihan argues that such puzzling behavior can be explained by recognizing that states use intervention into cross-border mergers and acquisitions as a tool of statecraft to internally balance the economic and military power of other states through non-military means. This book tests this theory using quantitative and qualitative analysis of transactions in the United States, Russia, China, and fifteen European Union states.
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he World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these criticisms and examines their validity, incorporating legal arguments as well as some economic and political science perspectives. After introducing the respective WTO and human rights regimes, and discussing their legal and normative relationship to each other, the book presents a detailed analysis of the main human rights concerns relating to the WTO. These include the alleged democratic deficit within the Organization and the impact of WTO rules on the right to health, labour rights, the right to food, and on questions of poverty and development. Given that some of the most important issues within the WTO concern its impact on poor people within developing States, the book asks whether rich States have an obligation to the people of poorer States to construct a fairer trading system that better facilitates the alleviation of poverty and development. Against this background, the book examines the current Doha round proposals as well as suggestions for reform of the WTO to make it more ‘human rights-friendly’.
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This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor–state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
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Brexit will have significant consequences for the country, for Europe, and for global order. And yet much discussion of Brexit in the UK has focused on the causes of the vote and on its consequences for the future of British politics. This volume examines the consequences of Brexit for the future of Europe and the European Union, adopting an explicitly regional and future-oriented perspective missing from many existing analyses. Drawing on the expertise of 28 leading scholars from a range of disciplines, Brexit and Beyond offers various different perspectives on the future of Europe, charting the likely effects of Brexit across a range of areas, including institutional relations, political economy, law and justice, foreign affairs, democratic governance, and the idea of Europe itself. Whilst the contributors offer divergent predictions for the future of Europe after Brexit, they share the same conviction that careful scholarly analysis is in need – now more than ever – if we are to understand what lies ahead for the EU.
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Law and socialism; Socialism; Law reform; China; Vietnam
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Cameroon - formerly a German colony situated at the Gulf of Guinea - is a geostrategically relevant Central African country rich in natural resources. Cameroonian law is a fascination stemming from different sources of law. The influences of British and French law, combined with the customary law of the numerous ethnic groups, are a reflection of the existing legal pluralism - also in the area of environmental protection. The publication adapts itself to today's language policy of Cameroon, which is predetermined by its Constitution, including both English and French chapters. Cameroonian environmental law and national environmental policy are examined in the interplay of international environmental norms and standards. It also addresses the environmental law of the African Union and that of the regional economic communities in Central Africa. In detail, topics such as environmental management, water and land law, conservation of biodiversity, resource protection law, mining and energy law, criminal aspects of environmental law, climate change law, environmental justice and human rights, as well as the legal framework conditions of international trade and sustainable development are presented. In doing so, the publication reflects legal and political options for regulating environmental interests in the African context, which are also relevant for international development cooperation and economic exchange. In addition, the work provides a solid basis for comparative environmental law.
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"Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written. In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’, ‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law. The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law. In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research."
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Finland celebrated its 85th year of independence in 2002. It is one of the thirteen countries of the world that have preserved their democracy uninterrupted since the First World War. Despite its modest origins and difficult wartime experiences, this dynamic country is now a world leader in many spheres. In 2001 it was named the world's most technologically advanced and also the least corrupt country. Other studies have shown it to have one of the three most competitive economies, the best environmental sustainability, and the second most equal society. Such rapid development has increased the need for information about Finland and what can be learned from its unique experience. This book offers an introduction to the country today, focusing on the most recent research into its politics, policies, and society, viewed in a comparative context. Dynamic Finland has been written for a general audience by two eminent scholars. Pertti Pesonen has been professor of political science in Tampere and Helsinki and at several American universities, and is also the former editor-in-chief of the Aamulehti daily and past chairman of the Finnish Academy of Science and Letters. Olavi Riihinen served for 24 years as professor of social policy and Chairman of the Department of Social Policy at the University of Helsinki.
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Labour and civil society are two fundamental components of international discussions concerning China today. Whether it is the arrest of labour activists or rights lawyers, the adoption of new industrial policies, or the passing of draconian rules on non-governmental organisations, the events occurring in these areas in China often make global headlines. At the same time, in spite of the grave challenges for workers and activists, the Chinese labour movement is witnessing significant developments, with the occurrence of some of the largest strikes in decades. All of this calls for more serious analysis from both scholars and practitioners, as well for critical engagement with a broader global audience interested in forging international solidarity. It is with these aims in mind that we have compiled this Made in China Yearbook 2016: Disturbances in Heaven, a collection of original articles by both scholars and activists, analysing the most important trends in Chinese labour and civil society over the past year. With its unique blend of in-depth scholarly work written in a direct, accessible style, this volume will allow readers to situate events and policies related to Chinese labour and civil society in a wider context, and serve as an indispensable reference book for international activists, practitioners, and policy-makers.
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How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examines hot-button issues such as racial and religious bias, sexual harassment, gender discrimination, and equality for LGBT individuals, highlighting comparisons that will further discussions on social equality and fundamental human rights across borders.
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Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use —copyright and related rights —have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain —that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information —is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age. The free PDF edition of this title was made possible by generous funding received from the European Union (eContentplus framework project ECP-2006-PSI-610001).
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This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom and Indian schemes. However, its emergence is evident even in jurisdictions, like Australia, which do not have a formal national identity scheme. Much of the analysis can also be extrapolated to proprietary schemes such as those run by banks and other businesses. An individual’s digital identity which is used for transactional purposes has crucial functions which give it legal personality. The author argues that an individual’s digital identity also has the characteristics of property which can, and should, be legally protected. Identity theft is defined using the emergent concept and the study shows that digital identity is property which capable of actually being stolen and criminally damaged. The study examines the emergence of attendant legal rights and duties including a new right to digital identity and its legal protection. Dr Sullivan argues that an individual has the right to an accurate, functional digital identity and shows that this right exists in addition to the right to privacy. Dr Sullivan maintains that, considering the essentially public nature of identity, the right to identity provides better, and more appropriate, protection than is afforded by the right to privacy. She asserts that the importance of the right to identity in this context has been obscured by the focus on privacy in international legal scholarship and jurisprudence. The functions and legal nature of digital identity are analysed using real examples which highlight the implications for individuals, businesses and government. The findings have the potential to fundamentally change the way digital identity is legally and commercially regarded.
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The absence of vibrant bondmarkets in East Asia was a significant contributor to the 1997–98 financial crisis. Ever since, the development of local bondmarkets has been a major objective of financial reforms in many East Asian economies. This effort has been frustrated by the inability to reach a consensus on whether Asian bondmarkets are truly needed in East Asia, whether they can be made viable in the competitive environment of the global economy, how they should be created and what role intergovernmental cooperation should play in their definition and creation. Developing Asian Bondmarkets helps build this consensus, proposing how to develop robust and efficient bondmarkets in East Asia. This book, the first of its kind, comes from the Finance Forum of the Pacific Economic Cooperation Council.
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Grappling with uncertainties is at the heart of investigating serious crime. At a time when such crime is becoming more complex and resources are increasingly stretched, this book draws together research and practice perspectives to review fruitful approaches to uncertainties and to chart the way forward. Scene setting chapters describe the consequences of globalisation and the spread of sophisticated information technologies (Sue Wilkinson), as well as advances in understanding and managing uncertainty (Michael Smithson). Ways of enhancing responses from statistics (Robyn Attewell), risk analysis (Richard Jarrett and Mark Westcott) and the psychology of decision making (Mark Kebbell, Damon Muller and Kirsty Martin) follow. These are complemented by insights from law (the Hon. Tim Carmody SC), politics (the Hon. Carmen Lawrence) and business (Neil Fargher), which all have significant intersections with policing. Synthesis is provided by the four final chapters which present the outlooks of the investigating officer and investigation manager (Peter Martin), the provider of policing higher education (Tracey Green and Greg Linsdell), the capacity-building consultant (Steve Longford), and the leader of a law enforcement agency (Alastair Milroy).
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"Until the late 20th century, ‘an archive’ generally meant a repository for documents, as well as the generic name for the wide range of documents the repository might hold. An archive could be visited, and then also searched, to discover past actions or lives that had meaning for the present. While historians and historiographers have long understood the contests that archives contain and represent, the very idea of ‘the archive’ has, over the last 40 years, become the subject and object of widening and intensified consideration. This consideration has been intellectual (from scholars in a wide range of disciplines) and public (from communities and individuals whose stories are held captive, or sometimes hidden or excluded from official archives), as well as institutional. It has involved scrutiny and critique of official archives’ limitations and practices, as well as symbolic, affective and theoretical expansion and heightened expectation of what ‘the archive’ is or should be. The very language of ‘the archive’ now carries freight as administrative practice, normative value, metaphor, description and aspiration in different ways than it did in the 20th century. This collection offers a unique contribution to these reinvigorated and sometimes new conversations about what an archive might be, what it can do as a consequence, and to whom it bears custodial responsibilities. In particular, this collection addresses what it means for contemporary Australian superior courts of record to not only have constitutional and procedural duties to documents as a matter of law, but also to acknowledge obligations to care for those materials in a way that understands their public meaning and public value for the Australian people, in the past, in the present and for the future."
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This open access book explores specific migration, governance, and identity processes currently involving children and ideas of childhood. Migrancy as a social space allows majority populations to question the capabilities of migrants, and is a space in which an increasing number of children are growing up. In this space, families, nation-states, civil society, as well as children themselves are central actors engaged in contesting the meaning of childhood. Childhood is a field of conceptual, moral and political contestation, where the ‘battles’ may range from minor tensions and everyday negotiations of symbolic or practical importance involving a limited number of people, to open conflicts involving violence and law enforcement. The chapters demonstrate the importance of how we understand phenomena involving children: when children are trafficked, seeking refuge, taken into custody, active in gangs or in youth organisations, and struggling with identity work. This book examines countries representing very different engagements and policies regarding migrancy and children. As a result, readers are presented with a comprehensive volume ideal for both the classroom and for policy-makers and practitioners. The chapters are written by experts in social anthropology, human geography, political science, sociology, and psychology.
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This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
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What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.
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This edited volume of chapters resulted from an international conference held at the University of Adelaide in July 2016 under the same title to explore the multifaceted concept of ʿilm in Islam — its agency and manifestations in the connected realms of science, religion, and the arts. The aim is to explore the Islamic civilisational responses to major shifts in the concept of ‘knowledge’ that took place in the post-mediaeval period, and especially within the context of the ‘early modern’. It asserts that the true value of knowledge lies in its cross-civilisational reach, as when the development of knowledge in pre-modern Islam exerted profound changes onto the Europeans, whose resurgence in the early modern period has in turn forced massive changes onto the Islamic worldview and its systems of knowledge. Now the landscape of knowledge has significantly changed, the Muslim mind, which has been historically calibrated to be particularly sensitive towards knowledge, can and should open to new horizons of knowing where science, religion, and art can meet again on freshly cultivated and intellectually fertile grounds.
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This book investigates why collectivised farming failed in south Vietnam after 1975. Despite the strong will of the new regime to implement collectivisation, the effort was uneven, misapplied and subverted. After only 10 years of trying, the regime annulled the policy. Focusing on two case studies—Quảng Nam province in the Central Coast region and An Giang province in the Mekong Delta—and based on extensive evidence, this study argues that the reasons for variations in implementation and the failure and reversal of the policy were twofold: regional differences and local politics.
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This book arose from an inaugural conference on Migration Law and Policy at the ANU College of Law. The conference brought together academics and practitioners from a diverse range of disciplines and practice. The book is based on a selection of the papers and presentations given during that conference. Each explores the unexpected, unwanted and sometimes tragic outcomes of migration law and policy, identifying ambiguities, uncertainties, and omissions affecting both temporary and permanent migrants. Together, the papers present a myriad of perspectives, providing a sense of urgency that focuses on the immediate and political consequences of an Australian migration milieu created without due consideration and exposing the daily reality under the migration program for individuals and for society as a whole.
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The Constitution of the Democratic Republic of Timor-Leste of 2002 contains over 40 human rights provisions in its Bill of Rights. In addition to providing an overview of the process leading up to the adoption of the Constitution, this book brings together information relating to each section of the Bill of Rights, presenting: progressive texts produced during the process of the Constituent Assembly; highlights of the arguments put forward within the Constituent Assembly concerning the draft provisions, including alternative proposals advanced; submissions made by Timorese officials, civil society and international bodies; and the results of consultation with the broader community before and during the constitutional process. It is designed to be useful in particular to judges and legal practitioners called upon to interpret the Constitution, government officials and civil society actors involved in human rights work, as well as students of history and constitutional law in Timor-Leste and internationally.
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"Why do we think differently from one another? Why do religious people adhere to their faith even against reason, whilst atheist thinkers label it “nonsense”? Why do some judges turn more to moral values and others less? Why do we attach different meanings to the same words? These questions can be tackled on psychological or sociological levels, but we can also analyze the subjects on the epistemological level. That is the purpose of this book. Thoughts and Ways of Thinking offers Source Theory as a single explanation for epistemic processes and their religious, legal and linguistic derivatives. The idea is simple: our senses, our understanding, our memory, the testimonies that we trust, and many other objects transmit data to us and so shape our beliefs. In this function they serve as our truth sources. Different beliefs stem from different sources or different hierarchies between same sources. This notion is formalized here through the new tool of Source Calculus, and, after balancing its relativistic consequences by adding pragmatic constraints, it is applied to the philosophies of religion, law and language. With this unified theory, old doubts are framed in new perspectives, and some of them even find their solution."
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In this book Ben Braber answers the question how the integration of Jews into Dutch society influenced Jewish resistance during the German occupation of the Netherlands in the second world war. This study highlights the social position of Jews and their group characteristics, but also reviews other factors that determined what forms Jewish resistance took such as personal character and individual circumstance.This is the first comprehensive study of this subject in the English language of Jewish resistance in the Netherlands. It offers a new perspective on Jews during the Holocaust and counters the prejudice about Jews failing to resist persecution. This book is also relevant for today's multi-ethnical society. It is a case study about the hampered integration of a minority, in particular how people in this group react when they are forcefully segregated and persecuted, while thinking "this cannot happen here".
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By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual’s legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states’ powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.
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Sport was an integral part of life in camps during the twentieth century, even in Nazi concentrations camps or in the Soviet Gulag. Traditionally perceived as a symbol of equality, play, and peacefulness, sport under such unexpected circumstances irritates most observers, back then and today. This volume studies the irritating fact of sport in penal and internment camps as an important insight into the history of camps. The authors enquire into case studies of sport being played in different forms of camps around the globe and throughout the twentieth century. They challenge our understanding of camps, question the dichotomy of insiders and outsiders, inner-camp hierarchies, and the everyday experience of violence. This fresh perspective complements the existing camp studies and gives way for the subjectivity of camp inmates and their action.
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This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis. Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants’ socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries’ this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to move within the EU had previously not been questioned for decades. Overall, the strength of this edited volume is that it compiles in a systematic way quantitative and qualitative analysis of these renewed Southern European migration flows and draws the lessons from this changing climate on EU migration.
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This open access book examines the question of collecting and disseminating data on ethnicity and race in order to describe characteristics of ethnic and racial groups, identify factors of social and economic integration and implement policies to redress discrimination. It offers a global perspective on the issue by looking at race and ethnicity in a wide variety of historical, country-specific contexts, including Asia, Latin America, Europe, Oceania and North America. In addition, the book also includes analysis on the indigenous populations of the Americas. The book first offers comparative accounts of ethnic statistics. It compares and empirically tests two perspectives for understanding national ethnic enumeration practices in a global context based on national census questionnaires and population registration forms for over 200 countries between 1990 to 2006. Next, the book explores enumeration and identity politics with chapters that cover the debate on ethnic and racial statistics in France, ethnic and linguistic categories in Québec, Brazilian ethnoracial classification and affirmative action policies and the Hispanic/Latino identity and the United States census. The third, and final, part of the book examines measurement issues and competing claims. It explores such issues as the complexity of measuring diversity using Malaysia as an example, social inequalities and indigenous populations in Mexico and the demographic explosion of aboriginal populations in Canada from 1986 to 2006. Overall, the book sheds light on four main questions: should ethnic groups be counted, how should they be counted, who is and who is not counted and what are the political and economic incentives for counting. It will be of interest to all students of race, ethnicity, identity, and immigration. In addition, researchers as well as policymakers will find useful discussions and insights for a better understanding of the complexity of categorization and related political and policy challenges.
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This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People. The essays are illuminated by recourse to a rich vein of historical and contemporary literature. Regard is also paid to the comparative experience of other jurisdictions, particularly the UK and Canada.
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"Vision traditionally occupies the height of the sensorial hierarchy. The sense of clarity and purity conveyed by vision, allows it to be explicitly associated with truth and knowledge. The law has always relied on vision and representation, from eye-witnesses to photography, to imagery and emblems. The law and its normative gaze can be understood as that which decrees what is permitted to be and become visible and what is not. Indeed, even if law’s perspectival view is bound to be betrayed by the realities of perception, it is nonetheless productive of real effects on the world. This first title in the interdisciplinary series ‘Law and the Senses’ asks how we can develop new theoretical approaches to law and seeing that go beyond a simple critique of the legal pretension to truth. This volume aims to understand how law might see and unsee, and how in its turn is seen and unseen. It explores devices and practices of visibility, the evolution of iconology and iconography, and the relation between the gaze of the law and the blindness of justice. The contributions, all radically interdisciplinary, are drawn from photography, legal theory, philosophy, and poetry."
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How do interventions by the UN Security Council and the International Criminal Court influence representations of mass violence? What images arise instead from the humanitarianism and diplomacy fields? How are these competing perspectives communicated to the public via mass media? Zooming in on the case of Darfur, Joachim J. Savelsberg analyzes more than three thousand news reports and opinion pieces and interviews leading newspaper correspondents, NGO experts, and foreign ministry officials from eight countries to show the dramatic differences in the framing of mass violence around the world and across social fields.
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This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
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How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws.
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The legal definition of child pornography is, at best, unclear. In part because of this ambiguity and in part because of the nature of the crime itself, the prosecution and sentencing of perpetrators, the protection of and restitution for victims, and the means for preventing repeat offenses are deeply controversial. In an effort to clarify the questions and begin to formulate answers, in this volume, experts in law, sociology, and social examine child pornography law and its consequences. Focusing on the roles of language and crime definition, the contributors present a range of views about the increasingly visible role that child pornography plays in the national conversation on child safety, as well as the wisdom of the punishment of those who produce, distribute, and possess materials which may be considered child pornography.
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The women’s health movement shocked and scandalised when it burst into Australian politics in the early 1970s. It cast the light of day onto taboo subjects such as sexual assault, abortion and domestic violence, provoking outrage and condemnation. Some of the services women created for themselves were subjected to police raids; sex education material was branded ‘indecent’. Moreover, women dared to criticise revered institutions, such as the medical system. Yet for all its perceived radicalism, the movement was part of a much broader and relatively conventional international health reform push, which included the ‘new’ public health movement, the community health centre movement and, in Australia, the Aboriginal health movement, all of which were critical of the way medical systems had been organised during the 20th century. The women who joined the movement came from diverse backgrounds and included immigrant and refugee women, Aboriginal women and Anglo women. Initially, groups worked separately for the most part but as time went on, they found ways to cooperate and collaborate. This book presents an account of the ideas, the diverse and shared efforts and the enduring hard work of women’s health activists, drawn together in one volume for the first time. This relentless activism gradually had an impact on public policy and slowly brought forth major attitudinal changes. The book also identifies the opportunities for health reform that were created along the way, opportunities which deserve to be more fully embraced.
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This book addresses the transformations which have occurred in employment arrangements and practices in the Australian public sector over the past decade and the changes in responsibilities and accountability through employment contracts, whistleblower legislation and partnerships between government and the private sector. It provides a comparative context through studies of reconstruction of the public service in the United Kingdom and New Zealand. Themes of contractualisation, privatisation and outsourcing are explored and critically examined, as well as influences of the industrial relations legislative framework including the Work Choices legislation.
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Intellectual, biological and cultural property rights are a powerful and debatable topic. They offer the possibility for protection of rights to intangible resources, including the products of knowledge and creativity. The forces of globalisation have made this subject of immediate, international concern. Struggles for ownership of intellectual property occur between and within local and global arenas. This book examines important questions which Papua New Guinea must ask in the development of intellectual property legislation. The chapters are written by specialists in the fields of medicine, law, the environment, music, genetics and traditional cultural knowledge. The wise and creative protection of intellectual, biological and cultural property is important if Papua New Guinea is to successfully define and realise its future. This book is for all those interested in finding the best policies for protecting these rights wherever they may live and work.
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).
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Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.
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Of the Contract is a version of a text that is as old as any memory, or a form of legal instrument that constitutes the basis of the world in which its terms have been translated. The text remains as open to renewal as that world remains to future alteration, and the terms are both already past, and always yet to come. The notion of the debt that is presented by the contract corresponds to a conception of accountancy and finance that provide a new approach to the contemporary problem of the sense of that external to the terms of human access. A reinterpretation of the philosophical tradition that runs through Levinas and Heidegger to Kant, Of the Contract is also grounded in the medieval tradition that was centered on the notion of “contraction,” and its writing was inspired by forms of life such as those found in the development of monastic constitutions, and the novels of knight errantry. It is also an oblique contribution to the recent discussions on the nature of debt, and is deeply marked by an awareness of climate change, and the insufficiencies of capital to overcome this crisis. All of these concerns however were contracted in a more acute awareness of the process of expression, and the work is given first of all as literature. It is the nature of the terms that they are open to untold interpretations.
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"Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
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For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
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What is at stake for how the Internet continues to evolve is the preservation of its integrity as a single network. In practice, its governance is neither centralised nor unitary; it is piecemeal and fragmented, with authoritative decision-making coming from different sources simultaneously: governments, businesses, international organisations, technical and academic experts, and civil society. Historically, the conditions for their interaction were rarely defined beyond basic technical coordination, due at first to the academic freedom granted to the researchers developing the network and, later on, to the sheer impossibility of controlling mushrooming Internet initiatives. Today, the search for global norms and rules for the Internet continues, be it for cybersecurity or artificial intelligence, amid processes fostering the supremacy of national approaches or the vitality of a pluralist environment with various stakeholders represented. This book provides an incisive analysis of the emergence and evolution of global Internet governance, unpacking the complexity of more than 300 governance arrangements, influential debates and political negotiations over four decades. Highly accessible, this book breaks new ground through a wide empirical exploration and a new conceptual approach to governance enactment in global issue domains. A tripartite framework is employed for revealing power dynamics, relying on: a) an extensive database of mechanisms of governance for the Internet at the global and regional level; b) an in-depth analysis of the evolution of actors and priorities over time; and c) a key set of dominant practices observed in the Internet governance communities. It explains continuity and change in Internet-related negotiations, opening up new directions for thinking and acting in this field.
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In the United States, the exercise of police authority—and the public’s trust that police authority is used properly—is a recurring concern. Contemporary prescriptions for police reform hold that the public would trust the police more and feel a greater obligation to comply and cooperate if police-citizen interactions were marked by higher levels of procedural justice by police. In this book, Robert E. Worden and Sarah J. McLean argue that the procedural justice model of reform is a mirage. From a distance, procedural justice seems to offer relief from strained police-community relations. But a closer look at police organizations and police-citizen interactions shows that the relief offered by such reform is, in fact, illusory. A procedural justice model of policing is likely to be only loosely coupled with police practice, despite the best intentions, and improvements in procedural justice on the part of police are unlikely to result in corresponding improvements in citizens’ perceptions of procedural justice.
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This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.
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Representations of forensic procedures saturate popular culture in both fiction and true crime. One of the most striking forensic tools used in these narratives is the chemical luminol, so named because it glows an eerie greenish-blue when it comes into contact with the tiniest drops of human blood. Luminol is a deeply ambivalent object: it is both a tool of the police, historically abused and misappropriated, and yet it offers hope to families of victims by allowing hidden crimes to surface. Forensic enquiry can exonerate those falsely accused of crimes, and yet the rise of forensic science is synonymous with the development of the deeply racist ‘science’ of eugenics. Luminol Theory investigates the possibility of using a tool of the state in subversive, or radical, ways. By introducing luminol as an agent of forensic inquiry, Luminol Theory approaches the exploratory stages that a crime scene investigation might take, exploring experimental literature as though these texts were ‘crime scenes’ in order to discover what this deeply strange object can tell us about crime, death, and history, to make visible violent crimes, and to offer a tangible encounter with death and finitude. At the luminol-drenched crime scene, flashes of illumination throw up words, sentences, and fragments that offer luminous, strange glimpses, bobbing up from below their polished surfaces. When luminol shines its light, it reveals, it is magical, it is prescient, and it has a nasty allure
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What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in the political decision making process? What are the leading cases in tax law? What forms of euthanasia are legal in Switzerland? In this introduction 13 legal scholars of the University of Zürich Law Faculty try to answer these questions and give the reader an overview of Swiss public, private and criminal law. As the first comprehensive introduction to Swiss law in English, it is addressed to both lawyers from abroad and incoming students.
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Governments have known since the 1960s that smoking results in irreversible health damage. This open access book examines why governments have done so little to combat this when they have been aware of the problem and its solutions for decades. What are the strategies and decisions that make a difference, given that policy environments are often not conducive to change? Taking the Netherlands as an example, this book helps to understand the complex policy process at the national level and why it so often appears irrational to us. It is the most sophisticated analysis of tobacco control policy to date, applying insights from political sciences to the field of tobacco control.
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It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
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China’s accession to the World Trade Organization (WTO) has had profound consequences for the structure of its economy, and there will many more before the full benefits of an open trading regime will be realised. Agriculture and Food Security in China explains the background to China’s WTO accession and links accession to reforms beginning as far back as 1979. The book highlights China’s policymakers’ decision to move away from protectionism and gain self-sufficiency, and illustrates how China’s step away from direct participation in the agricultural sector to indirect regulatory involvement and liberalisation could encourage further economic growth. Yet not all economic growth is cost-free. Agriculture and Food Security in China explores the short-term impacts of WTO accession as well as the mid and long-term implications of greater market involvement at an economy-wide and regional level. Growing divides between coastal and inland regions—and differences in rural and urban growth—will require a better understanding of the consequences of greater market dependency. Agriculture and Food Security in China adds to the existing knowledge of China’s agricultural growth as well as the impacts and interrelationships between WTO accession and China’s participation in other regional free trade agreements.
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The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
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Contrary to the stereotypical images of torture, narcotics and brutal sexual behaviour traditionally associated with Ottoman (or ‘Turkish’) prisons, Kent F. Schull argues that these places were sites of immense reform and contestation during the 19th century. He shows that they were key components for Ottoman nation-state construction and acted as 'microcosms of modernity' for broader imperial transformation. It was within the walls of these prisons that many of the pressing questions of Ottoman modernity were worked out, such as administrative centralisation, the rationalisation of Islamic criminal law and punishment, issues of gender and childhood, prisoner rehabilitation, bureaucratic professionalisation, identity and social engineering. Juxtaposing state-mandated reform with the reality of prison life, the author investigates how these reforms affected the lives of local prison officials and inmates.
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The standing of French Muslims is undercut by a predominant and persistent elite public discourse that frames Muslims as failed and incomplete French citizens. This situation fosters the very separations, exclusions, and hierarchies it claims to deplore as Muslims face discrimination in education, housing, and employment. In Constructing Muslims in France, Jennifer Fredette provides a deft empirical analysis to show the political diversity and complicated identity politics of this relatively new population. She examines the public identity of French Muslims and evaluates images in popular media to show how stereotyped notions of racial and religious differences pervade French public discourse. While rights may be a sine qua non for fighting legal and political inequality, Fredette shows that additional tools such as media access are needed to combat social inequality, particularly when it comes in the form of unfavorable discursive frames and public disrespect. Presenting the conflicting views of French national identity, Fredette shows how Muslims strive to gain recognition of their diverse views and backgrounds and find full equality as French citizens. This title was made Open Access by libraries from around the world through Knowledge Unlatched.
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The book challenges the popular notion of a clash of cultures pitting Muslim and non-Muslim Europeans against one another. The study finds instead vehement conflict among three longstanding European public philosophies: liberalism, nationalism, and postmodernism. The consequential differences of outlook are demonstrated in four policy areas: 1) citizenship requirements, 2) the headscarf debate, 3) mosque-state relations and 4) counter-terrorism. The book reaches three important conclusions. First, Muslim Europeans do not represent a monolithic anti-Western bloc -- a Trojan Horse -- within Europe. They vehemently disagree among themselves but along the same basic liberal, nationalist, and postmodern contours as non-Muslim Europeans. Second, ideological discord significantly contributes to policy “messiness,” that is, to inconsistent, contradictory policies.
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Muslims in Kenyan Politics explores the changing relationship between Muslims and the state in Kenya from precolonial times to the present, culminating in the radicalization of a section of the Muslim population in recent decades. The politicization of Islam in Kenya is deeply connected with the sense of marginalization that shapes Muslims’ understanding of Kenyan politics and government policies. Kenya’s Muslim population comprises ethnic Arabs, Indians, and black Africans, and its status has varied historically. Under British rule, an imposed racial hierarchy affected Muslims particularly, thwarting the development of a united political voice. Drawing on a broad range of interviews and historical research, Ndzovu presents a nuanced picture of political associations during the postcolonial period and explores the role of Kenyan Muslims as political actors.
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The relationship between 'Islam and the West' has become a central issue in international relations. Recently, an overwhelmingly negative view of sharia has developed in the West, in response to reported events, notably in Iran and Saudi Arabia, to terrorist attacks by Islamists, and also encouraged by certain Western opinion leaders. A range of misconceptions about what sharia actually means and how it relates to national law in Muslim countries, both in theory and practice, has contributed to foreign policies that are confrontational rather than pragmatic. This Research and Policy Note identifies key features, problems and approaches of sharia-based law and links them to foreign policy. This is a vital contribution towards the development of a well-informed, coherent, explicit long-term foreign policy towards the Muslim world.
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Innovative research of 'Islam at work' in geographical and social contexts. 'Modern Islamic Thinking and Activism' presents a series of scholarly papers in relation to Islamic thinking, activism, and politics in both the West and the Middle East. The reader will apprehend that Islam is not the monolithic religion so often depicted in the media or (earlier) in the academic world. The Islamic world is more than a uniform civilization with a set of petrified religious prescriptions and an outdated view on political and social organization. The contributions show the dynamics of 'Islam at work' in different geographical and social contexts. By treating the working of Islamic thinking and of Islamic activism on a practical level, 'Modern Islamic Thinking and Activism' includes innovative research and fills a significant gap in existing work.
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As the topic for the second wrr lecture (The Hague, December 9th, 2004), the council decided on ‘the future of political Islam’. This topic turned out to be both timely and appropriate. Both politicians and policy makers badly need knowledge and genuine understand-ing of Islam, political Islam and the complex relationship between the two. Without an adequate understanding and knowledge, it will most likely be fear and not facts that guides policies, both the foreign and the domestic ones. Understanding Islam both as a reli-gious, cultural and political phenomenon will help to look beyond the easy images that are so widely available in the media, these weapons of mass seduction. In the long run, mutual learning and dialogue, instead of clear-cut clashes and confrontations are the attitudes that are urgently needed. These attitudes have to be informed by research. The lectures by Graham Fuller and Marcel Kurpershoek that you will find in this booklet are important contri-butions to such an understanding. The council is happy to publish them in a series of publications that the Council has and will devote to this subject.
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The contributors analyse the mutual impact of colonial and postcolonial governance on the development, organisation and mobilisation of Islam paying special attention to the ongoing battles over the codification of Islamic education, religious authority, law and practice while outlining the similarities and differences, the continuities and ruptures in British, French and Portuguese colonial rule in Islamic regions. Using a shared conceptual framework they examine the nature of regulation and its outcomes in different historical periods in selected African, Middle Eastern, Asian and European countries. This authoritative study opens up new vistas for research in Islamic studies.
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The Masyumi Party, which was active in Indonesia from 1945 to 1960, constitutes the boldest attempt to date at reconciling Islam and democracy. Masyumi proposed a vision of society and government which was not bound by a literalist application of Islamic doctrine but rather inspired by the values of Islam. It set out moderate policies which were tolerant towards other religious communities in Indonesia. Its achievements were nonetheless precarious: it was eventually outlawed in 1960. Many of its leaders then turned to integralism, a radical doctrine echoing certain characteristics of 19th-century Catholic integralism, which contributed to the advent of Muslim neo-fundamentalism in Indonesia. This book examines the Masyumi Party from its roots in early 20th-century Muslim reformism to its contemporary legacy.
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Does the fact that the majority of Turkey's population is Muslim form a hindrance to its EU membership? According to a recent policy advice by the Netherlands Scientific Council for Government Policy (WRR), the answer is an adamant 'no'. Why is this issue of Turkish Islam relevant? After all, Turkey should not be judged by standards other than the Copenhagen criteria. The answer is that the public debate outside 'Brussels' will not be limited to these official criteria. Many people in Europe are worried about Turkey's 'Islam factor'. They believe that Muslims are (potentially violent) fundamentalists who want to establish a theocracy. By explicitly examining the role of Turkish Islam and Muslims in Turkey, the WRR wants to contribute to a well-informed European public debate on Turkey's accession.
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For decades, scholars of Indonesia have rejected the religious claims of the Darul Islam movement, interpreting the antagonism between the Islamic state and Soekarno’s republic as a fight for power, self-assertion, or land rights. Recently Kartosuwiryo and the Darul Islam have become heroic symbols of the local Islamist struggle, offering an alternative vision of this politician. The author looks beyond this dichotomy between rebel and martyr to unveil a ‘third’ dimension of Kartosuwiryo—a politician whose legacy has been shaping the role of Islam in Indonesian politics for over fifty years. In a blend of archival sources, printed material, and oral accounts, the author follows the career and ideology of Kartosuwiryo, nationalist leader of the Sarekat Islam party and later Imam of the Islamic State of Indonesia. Following the trajectory of a political activism that was consistently dedicated to the formation of an independent Indonesian state, the chapters delineate the gradual radicalization of the Islamic party and of Kartosuwiryo’s own ideals from the 1920s until the 1950s. Focusing on the dialectic between the religious and secular anti-colonial movements, this book explores the failure of political Islam in the mid-1950s; the consolidation of the Pancasila state under Soekarno’s and Suharto’s regimes; the latter’s attempt to co-opt what was left of the Darul Islam in the 1970s; and the re-emergence of political Islam and Kartosuwiryo’s memory in the post-1998 era. A testament to the relevance of historical enquiry in understanding contemporary politics, Islam and the making of the nation guides the reader through the contingencies of the past that have led to the transformation of a nationalist leader into a ‘separatist rebel’ and a ‘martyr’, while at the same time shaping the public perception of political Islam and strengthening the position of the Pancasila in contemporary Indonesia. Chiara Formichi (1982) has a PhD from the Department of History of the School of Oriental and African Studies, University of London, in 2009, and she is Assistant Professor in Asian and International Studies at City University of Hong Kong. This monograph was drafted during a post-doctoral fellowship at the Asia Research Institute, National University of Singapore. Her interests include the political history of Indonesia, Islam in Southeast Asia, transnational Islamic movements, and inter-Asian intellectual flows. In addition to several articles, her publications include Beyond Shi’ism: Alid piety in Muslim Southeast Asia (London: I.B.Tauris, 2013), Formichi and Feener eds.
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The objective of this book is to outline how a radically democratic politics can be reinvigorated in theory and practice through the use of the internet. The author argues that politics in its proper sense can be distinguished from anti-politics by analyzing the configuration of public space, subjectivity, participation, and conflict. Each of these terrains can be configured in a more or less political manner, though the contemporary status quo heavily skews them towards anti-political configuration. Using this understanding of what exactly politics entails, this book considers how the internet can both help and hinder efforts to move each area in a more political direction. By explicitly interpreting contemporary theories of the political in terms of the internet, this analysis avoids the twin traps of both technological determinism and technological cynicism. Raising awareness of what the word ‘politics’ means, the author develops theoretical work by Arendt, Rancière, Žižek and Mouffe to present a clear and coherent view of how in theory, politics can be digitized and alternatively how the internet can be deployed in the service of trulydemocratic politics.
