This book explores the development, character, and legacy of the ideology of liberal internationalism in late nineteenth and early twentieth-century Britain. Liberal internationalism provided a powerful way of theorising and imagining international relations, and it dominated well-informed political discourse at a time when Britain was the most powerful country in the world. Its proponents focused on securing progress, generating order and enacting justice in international affairs. Liberal internationalism united a diverse group of intellectuals and public figures, and it left a lasting legacy in the twentieth century. This book elucidates the roots, trajectory, and diversity of liberal internationalism, focusing in particular on three intellectual languages - international law, philosophy and history - through which it was promulgated. Finally, it traces the impact of these ideas across the defining moment of the First World War. The liberal internationalist vision of the late-nineteenth century remained popular well into the twentieth century and forms an important backdrop to the development of the academic study of International Relations in Britain.
This bibliography of more than three thousand entries, often extensively annotated, lists books and pamphlets that illuminate evolving British views on the United States during a period of great change on both sides of the Atlantic. Subjects addressed in various decades include slavery and abolitionism, women's rights, the Civil War, organized labor, economic, cultural, and social behavior, political and religious movements, and the "American" character in general.
Austin was an towering presence in 19th-century English jurisprudence, and many of his ideas remain viable today. They include his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. Yet he has always had his critics and they have become ever shriller in the last 50 years. If it is not a requirement of political correctness to belittle his ideas, the tendency to do so is widespread. Critics often dismiss Austin with a wave of the hand, or reduce his jurisprudence to a few of his ideas, such as his conception of law as a command or his notion of a legally unlimited sovereign. Whatever approach is taken, Austin's doctrines tend to be abstracted from their historical context and vastly oversimplified. For example, the utilitarian ethical theories that he expounded in three of the six chapters of the only book that he published in his lifetime are usually ignored. Accordingly, there has been a failure to recognize the complexity and inner tensions of his legal philosophy. There is not one John Austin, but at least half-a-dozen. Nothing makes this clearer than the diverse responses to his work in the 19th century. Wilfrid E. Rumble's study thus fills a large gap in the literature about this important figure. It will be of substantial interest not only to historians of ideas, law, and the 19th century, but also to jurists, legal philosophers, and political theorists.
This book is a history of the emergence and development of the concept of proportional representation and its relation to political theory within the context of nineteenth-century British party politics focusing on Thomas Hare (1806-1891).
This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.
A significant work by one of anthropology's most important scholars, this book provides an introduction to the Chiapas Mayan community of Mexico, better known for their role in the Zapatista Rebellion.
The technical problems confronting different societies in different periods and the measures taken to solve them form the concern of this annual collection of essays. Dealing with the history of technical discovery and change, the volumes in this series explore the relationship of technology to other aspects of life-social, cultural and economic-and show how technological development has shaped, and been shaped by, the society in which it has occurred.
The world is increasingly becoming . one. It is, at the same time, one endangered ecosystem and one thriving market place with material and spiritual goods on competitive display. And the good and evil things of life cannot easily be sorted out. The world is becoming one also in the sense that it is better understood today than it was in earlier times, that the material good and the spiritual good, though seemingly belonging to different realms of fact defined by their respective modes of existence, together constitute effectively one and the same reality: the modem world of science, technology, computerized administration and power, that calls upon humankind to struggle for a 'just, participatory and sustainable society' * , and to strive for a society of the future that will be the world over both long-lived and worth living. The Second European Conference on Science and Religion, held on 10-13th. March, 1988, on the campus of the Universiteit Twente, Enschede, The Netherlands, was meant to be a modest market place, a forum, where standpoints and opinions could be presented and criticized. It was meant to offer an opportunity to meet and to make acquaintances in the expectation that the exchange of thoughts would lead to new conceptual horizons that would challenge what so far had been considered as hard fact or what until now had been looked upon as a distinctive feature of a well-established view either of the kingdom of the sciences or of the realm of religion.
Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.
Revised for the first time in over thirty years, this edition of Emile Durkheim’s masterful work on the nature and scope of sociology is updated with a new introduction and improved translation by leading scholar Steven Lukes that puts Durkheim’s work into context for the twenty-first century reader. When it was originally published, The Division of Labor in Society was an entirely original work on the nature of labor and production as they were being shaped by the industrial revolution. Emile Durkheim’s seminal work studies the nature of social solidarity and explores the ties that bind one person to the next in order to hold society together. This revised and updated second edition fluently conveys Durkheim’s arguments for contemporary readers. Leading Durkheim scholar Steve Lukes’s new introduction builds upon Lewis Coser’s original—which places the work in its intellectual and historical context and pinpoints its central ideas and arguments. Lukes explains the text’s continued significance as a tool to think about and deal with problems that face us today. The original translation has been revised and reworked in order to make Durkheim’s arguments clearer and easier to read. The Division of Labor in Society is an essential resource for students and scholars hoping to deepen their understanding of one of the pioneering voices in modern sociology and twentieth-century social thought.
This is not "another collection of contributions on a traditional subject." Even more than we dared to expect during the preparatory stages, the papers in this volume prove that our thinking about science has taken a new turn and has reached a new stage. The progressive destruction of the received view has been a fascinating and healthy experience. At present, the period of destruction is over. A richer and more equilibrated analysis of a number of problems is possible and is being cru'ried out. In this sense, this book comes right on time. We owe a lot to the scholars of the Kuhnian period. They not only did away with obstacles, but in several respects instigated a shift in attention that changed history and philosophy of science in a irreversible way. A c1earcut example - we borrow it from the paper by Risto Hilpinen - concerns the study of science as a process, Rnd not only as a result. Moreover, they apparently reached several lasting results, e.g., concerning the tremendous impact of theoretical conceptions on empirical data. Apart from baffling people for several decades, this insight rules out an other return to simple-minded empiricism in the future.
This book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts. The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.
From 1971 until his death in 1984, Foucault gave public lectures at the world-famous College de France. Attended by thousands, these were seminal events in the world of French letters. Picador is proud to be publishing the lectures in thirteen volumes. The lectures comprising Abnormal begin by examining the role of psychiatry in modern criminal justice, and its method of categorizing individuals who "resemble their crime before they commit it." Building on the themes of societal self-defense in "Society Must Be Defended," Foucault shows how and why defining "abnormality" and "normality" were preorogatives of power in the nineteenth century. The College de France lectures add immeasurably to our appreciation of Foucault's work and offer a unique window into his thinking.
A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.
In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.
In his famous theses on the philosophy of history, Benjamin writes: "We have been endowed with a weak messianic power to which the past has a claim." This claim addresses us not just from the past but from what will have belonged to it only as a missed possibility and unrealized potential. For Benajmin, as for Celan and Derrida, what has never been actualized remains with us, not as a lingering echo but as a secretly insistent appeal. Because such appeals do not pass through normal channels of communication, they require a special attunement, perhaps even a mode of unconscious receptivity. Levine examines the ways in which this attunement is cultivated in Benjamin's philosophical, autobiographical, and photohistorical writings; Celan's poetry and poetological addresses; and Derrida's writings on Celan.
The American Journal of Islamic Social Sciences (AJISS), established in 1984, is a quarterly, double blind peer-reviewed and interdisciplinary journal, published by the International Institute of Islamic Thought (IIIT), and distributed worldwide. The journal showcases a wide variety of scholarly research on all facets of Islam and the Muslim world including subjects such as anthropology, history, philosophy and metaphysics, politics, psychology, religious law, and traditional Islam.
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Honorable Mention, 2015 Eileen Basker Memorial Prize presented by the Society for Medical Anthropology Every year in the U.S., thousands of women and hundreds of men participate in sexual assault forensic examinations. Drawing on four years of participatory research in a Baltimore emergency room, Sameena Mulla reveals the realities of sexual assault response in the forensic age. Taking an approach developed at the intersection of medical and legal anthropology, she analyzes the ways in which nurses work to collect and preserve evidence while addressing the needs of sexual assault victims as patients. Mulla argues that blending the work of care and forensic investigation into a single intervention shapes how victims of violence understand their own suffering, recovery, and access to justice—in short, what it means to be a “victim”. As nurses race the clock to preserve biological evidence, institutional practices, technologies, and even state requirements for documentation undermine the way in which they are able to offer psychological and physical care. Yet most of the evidence they collect never reaches the courtroom and does little to increase the number of guilty verdicts. Mulla illustrates the violence of care with painstaking detail, illuminating why victims continue to experience what many call “secondary rape” during forensic intervention, even as forensic nursing is increasingly professionalized. Revictimization can occur even at the hands of conscientious nurses, simply because they are governed by institutional requirements that shape their practices. The Violence of Care challenges the uncritical adoption of forensic practice in sexual assault intervention and post-rape care, showing how forensic intervention profoundly impacts the experiences of violence, justice, healing and recovery for victims of rape and sexual assault. Instructor's Guide
Writing has long been linked to power. For early modern people on both sides of the Atlantic, writing was also the province of notaries, men trained to cast other people’s words in official forms and make them legally true. Thus the first thing Columbus did on American shores in October 1492 was have a notary record his claim of territorial possession. It was the written, notarial word—backed by all the power of Castilian enforcement—that first constituted Spanish American empire. Even so, the Spaniards who invaded America in 1492 were not fond of their notaries, who had a dismal reputation for falsehood and greed. Yet Spaniards could not do without these men. Contemporary scholars also rely on the vast paper trail left by notaries to make sense of the Latin American past. How then to approach the question of notarial truth? Kathryn Burns argues that the archive itself must be historicized. Using the case of colonial Cuzco, she examines the practices that shaped document-making. Notaries were businessmen, selling clients a product that conformed to local “custom” as well as Spanish templates. Clients, for their part, were knowledgeable consumers, with strategies of their own for getting what they wanted. In this inside story of the early modern archive, Burns offers a wealth of possibilities for seeing sources in fresh perspective.
With a religious re-emergence in international relations, this book provides an introduction to the role religions play within the global political arena. Culled from theoretical, practical, and real-world experiences, Ferrara explains the role religion now plays in global affairs on diplomatic and political levels.
In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.
Brings together 18 key essays, plus two completely new essays, by one of the world's leading commentators on the work of the French philosopher Gilles Deleuze.
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
In a series of brief vignettes the authors bring to life international trade and its actors, and also demonstrate that economic activity cannot be divorced from social and cultural contexts. In the process they make clear that the seemingly modern concept of economic globalisation has deep historical roots.
Introduce your students to the major perspectives in ethical theory and a broad range of contemporary moral debates using MacKinnon/Fiala’s ETHICS: THEORY AND CONTEMPORARY ISSUES, Eighth Edition. Illuminating overviews and a selection of readings from traditional and contemporary sources make even complex philosophical concepts reader-friendly. Comprehensive, clear-sighted introductions to general and specific areas of ethical debate cover influential ethical theories, including religion and global ethics, utilitarianism and deontology, natural law ethics, virtue ethics, and feminist and care ethics. Contemporary moral issues discussed include euthanasia, sexual morality, economic justice, animal ethics, war, violence, and globalization. A broader range of voices and philosophical traditions in this edition includes continental and non-Western philosophers, with new readings from prominent ethicists such as Kwame Anthony Appiah, Angela Y. Davis, Mohandas Gandhi, and Richard Rorty. Increased coverage of contemporary dilemmas highlights issues of widespread interest, such as same-sex marriage, structural racism, factory farming, pacifism, and global distributive justice. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
According to Michel Foucault, the 'history of the present' should constitute the starting point for any enquiry into the past. This collection considers the continued relevance of Foucault's work for thinking the history of our present and includes essays and interviews by Judith Butler, Judith Revel, Mark Neocleous, and Tiziana Terranova.
In this volume, four leading thinkers of our times confront the paradoxes and dilemmas attending the supposed stand-off between Islam and liberal democratic values. Taking the controversial Danish cartoons of Mohammad as a point of departure, Talal Asad, Wendy Brown, Judith Butler, and Saba Mahmood inquire into the evaluative frameworks at stake in understanding the conflicts between blasphemy and free speech, between religious taboos and freedoms of thought and expression, and between secular and religious world views. Is the language of the law an adequate mechanism for the adjudication of such conflicts? What other modes of discourse are available for the navigation of such differences in multicultural and multi-religious societies? What is the role of critique in such an enterprise? These are among the pressing questions this volume addresses.
International Encyclopedia of the Social & Behavioral Sciences
Ancient Greece first coined the concept of "democracy," yet almost every major ancient Greek thinker-from Plato and Aristotle onwards- was ambivalent towards or even hostile to democracy in any form. The explanation for this is quite simple: the elite perceived majority power as tantamount to a dictatorship of the proletariat. In ancient Greece there can be traced not only the rudiments of modern democratic society but the entire Western tradition of anti-democratic thought. In Democracy, Paul Cartledge provides a detailed history of this ancient political system. In addition, by drawing out the salient differences between ancient and modern forms of democracy he enables a richer understanding of both. Cartledge contends that there is no one "ancient Greek democracy" as pure and simple as is often believed. Democracy surveys the emergence and development of Greek politics, the invention of political theory, and-intimately connected to the latter- the birth of democracy, first at Athens in c. 500 bce and then at its greatest flourishing in the Greek world 150 years later. Cartledge then traces the decline of genuinely democratic Greek institutions at the hands of the Macedonians and-subsequently and decisively-the Romans. Throughout, he sheds light on the variety of democratic practices in the classical world as well as on their similarities to and dissimilarities from modern democratic forms, from the American and French revolutions to contemporary political thought. Authoritative and accessible, Cartledge's book will be regarded as the best account of ancient democracy and its long afterlife for many years to come.
2015 Israel Fishman Non-Fiction Award presented by the Stonewall Books Awards of the American Library Association Muhsin is one of the organizers of Al-Fitra Foundation, a South African support group for lesbian, transgender, and gay Muslims. Islam and homosexuality are seen by many as deeply incompatible. This, according to Muhsin, is why he had to act. “I realized that I’m not alone—these people are going through the very same things that I’m going through. But I’ve managed, because of my in-depth relationship with God, to reconcile the two. I was completely comfortable saying to the world that I’m gay and I’m Muslim. I wanted to help other people to get there. So that’s how I became an activist.” Living Out Islam documents the rarely-heard voices of Muslims who live in secular democratic countries and who are gay, lesbian, and transgender. It weaves original interviews with Muslim activists into a compelling composite picture which showcases the importance of the solidarity of support groups in the effort to change social relationships and achieve justice. This nascent movement is not about being “out” as opposed to being “in the closet.” Rather, as the voices of these activists demonstrate, it is about finding ways to live out Islam with dignity and integrity, reconciling their sexuality and gender with their faith and reclaiming Islam as their own.
Michel Foucult offers an iconoclastic exploration of why we feel compelled to continually analyze and discuss sex, and of the social and mental mechanisms of power that cause us to direct the questions of what we are to what our sexuality is.
From the New York Times bestselling author of The Corruption Chronicles comes a devastating expose of the scandals of Obama's second term. Judicial Watch President Tom Fitton reveals what the largest watchdog agency in America has uncovered in its battles against Obama secrecy. Clean House takes us through incriminating documents from the attack in Benghazi, Hillary Clinton’s secret emails, the IRS scandal, and the Obamacare swindle. As the president of Judicial Watch, America’s largest non-partisan government watchdog, Tom Fitton has investigated the Clinton, Bush, and Obama administrations. Judicial Watch is the group that helped impeach Bill Clinton and took the Bush White House secrecy all the way up to the Supreme Court. Since the beginning of the Obama administration, this grassroots group has filed over 700 open records demands and dozens of lawsuits, including a successful fight over the secret Obama White House visitor logs. Americans are rightly worried they are losing their country. How did five Congressional committees miss the smoking gun on Benghazi? How did Hillary Clinton keep a secret email server quiet for years? Does the IRS audit you because of your politics? Did the first American target of Obama’s drone program work for the US government? How did Congress commit fraud to get Obamacare taxpayer subsidies? In Clean House, Tom Fitton answers these questions and provides shocking evidence of the corruption endemic to the Obama White House.
This book examines Thomas De Quincey's notion of the unconscious in the light of modern cognitive science and nineteenth-century science. It challenges Freudian theories as the default methodology in order to understand De Quincey's oeuvre and the unconscious in literature more generally.
Considering that the accepted juridical sources of Islam are valid for all times and places, ijtiahd may be described as a creative but disciplined intellectual effort to derive legal rulings from those sources while taking into consideration the variables imposed by the fluctuating circumstances of Muslim society. Consigning ijtihad to be annals of history is a denial of the rationalistic, egalitarian, and humane aspects of a realistic and durable Faith. The act would be a repudiation of the requisites of changing times and of the clamoring need to rid the Ummah of its present baggage of malaise and enable it to forge ahead, inspiring other nations and communities. It can be proved historically that the Ummah only entered its current crisis after ijtihad fell into disuse and was gradually replaced by taqlid. It is only through ijtihad that Muslims will be able to construct a new specific methodological infrastructure capable of addressing the crisis of Islamic thought and so, propose alternatives for the many problems of the contemporary world. The courage that needs to accompany such a mission is tremendous, the methodology massive an meticulous. With this work, Dr Al-Alwani has contributed to the debate on this vital issue. The very way he tackled it-sometimes with boldness, sometimes with caution-shows that the debate is not an open-and shut issue, and that it needs to be widen quickly in view of the urgency of the situation.
Remembered mainly as a logician and mathematician, Leibniz also endeavored to resolve political and religious conflicts of his day by bringing opponents into negotiation. The dialectical Leibniz who emerges from the texts here translated, commented, and interpreted is certainly not the familiar one. The book sheds new light on the familiar, yet incomplete image of Leibniz, providing further reason for cherishing and cultivating the heritage of a truly great man.
This book deals with World Class Operations Management (WCOM), detailing its principles, methods and organisation, and the results that this approach can bring about. Utilising real-world case studies illustrated by companies that have adopted this model (interviews with Saint-Gobain, L’Oréal, Tetra Pak, Bemis, and Bel Executives), it describes common patterns drawn from decades of hands-on experience, so as to present a theoretical approach together with the concrete application of its principles. WCOM, adopted by several multinational companies, is one of the more innovative management practises, as it integrates the best Continuous Improvement approaches (Lean, Total Productive Management, World Class Manufacturing) as well as the most innovative approaches in human dynamics like Change Leadership, Performance Behavior, Shingo Model, to name a few. Maximising reader insights into the successful implementation of such an approach, and explaining not only its potentialities, but also its implementation dynamics, the critical points and the ways it can be integrated into different situations, this book is also about how to create a culture of excellence that is sustainable over a long period of time and delivers consistent (or ever-improving) results.