Law Necessity And The Crisis Of The State
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Law Necessity And The Crisis Of The State
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Author : Mariano Croce
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-31
Law Necessity And The Crisis Of The State written by Mariano Croce and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-31 with Law categories.
This book contains the first English translations of Santi Romano’s important essays, ‘On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria’ (1909) and ‘The Modern State and its Crisis’ (1910). Before Santi Romano wrote his masterpiece The Legal Order in 1917–18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of ‘On the Decree Laws’ is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in his Political Theology and has provided a reference point for Giorgio Agamben. The second essay, ‘The Modern State and its Crisis’, is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements. Indispensable for contemporary scholars to understand how Romano’s most revolutionary notions came about, as well as to fully appreciate the theoretical import of his concept of law, this book will appeal to legal and political theorists and others who are interested in how law deals and should deal with emergencies and social crises.
Law In Times Of Crisis
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Author : Oren Gross
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-30
Law In Times Of Crisis written by Oren Gross and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10-30 with Political Science categories.
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Constitutions In Times Of Financial Crisis
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Constitutions In Times Of Financial Crisis written by Tom Ginsburg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
Necessity And Proportionality And The Right Of Self Defence In International Law
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Author : Chris O'Meara
language : en
Publisher: Oxford University Press
Release Date : 2021-03-11
Necessity And Proportionality And The Right Of Self Defence In International Law written by Chris O'Meara and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Law categories.
States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.
Necessity In International Law
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Author : Jens David Ohlin
language : en
Publisher: Oxford University Press
Release Date : 2016-09-08
Necessity In International Law written by Jens David Ohlin and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-08 with Law categories.
Necessity is a notoriously dangerous and slippery concept-dangerous because it contemplates virtually unrestrained killing in warfare and slippery when used in conflicting ways in different areas of international law. Jens David Ohlin and Larry May untangle these confusing strands and perform a descriptive mapping of the ways that necessity operates in legal and philosophical arguments in jus ad bellum, jus in bello, human rights, and criminal law. Although the term "necessity" is ever-present in discussions regarding the law and ethics of killing, its meaning changes subtly depending on the context. It is sometimes an exception, at other times a constraint on government action, and most frequently a broad license in war that countenances the wholesale killing of enemy soldiers in battle. Is this legal status quo in war morally acceptable? Ohlin and May offer a normative and philosophical critique of international law's prevailing notion of jus in bello necessity and suggest ways that killing in warfare could be made more humane-not just against civilians but soldiers as well. Along the way, the authors apply their analysis to modern asymmetric conflicts with non-state actors and the military techniques most likely to be used against them. Presenting a rich tapestry of arguments from both contemporary and historical Just War theory, Necessity in International Law is the first full-length study of necessity as a legal and philosophical concept in international affairs.
State Of Exception
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Author : Giorgio Agamben
language : en
Publisher: University of Chicago Press
Release Date : 2008-07-18
State Of Exception written by Giorgio Agamben and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Philosophy categories.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
Evolution In Investment Treaty Law And Arbitration
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Author : Chester Brown
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-17
Evolution In Investment Treaty Law And Arbitration written by Chester Brown and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-17 with Law categories.
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
Machiavelli And The Modern State
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Author : Alissa M. Ardito
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-11
Machiavelli And The Modern State written by Alissa M. Ardito and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with History categories.
This book offers a significant reinterpretation of the history of republican political thought and of Niccol- Machiavelli's place within it. It locates Machiavelli's political thought within enduring debates about the proper size of republics. From the sixteenth century onward, as states grew larger, it was believed only monarchies could govern large territories effectively. Republicanism was a form of government relegated to urban city-states, anachronisms in the new age of the territorial state. For centuries, history and theory were in agreement: constructing an extended republic was as futile as trying to square the circle; but then James Madison devised a compound representative republic that enabled popular government to take on renewed life in the modern era. This work argues that Machiavelli had his own Madisonian impulse and deserves to be recognized as the first modern political theorist to envision the possibility of a republic with a large population extending over a broad territory.
Law In A Time Of Crisis
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2021-03-11
Law In A Time Of Crisis written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Law categories.
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
Post Truth Philosophy And Law
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Author : Angela Condello
language : en
Publisher: Routledge
Release Date : 2019-05-09
Post Truth Philosophy And Law written by Angela Condello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-09 with Law categories.
In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law.
