Lawfare Judicial Warfare In Spain
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Lawfare Judicial Warfare In Spain
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Author : Damià Del Clot
language : en
Publisher: Liverpool University Press
Release Date : 2023-04-01
Lawfare Judicial Warfare In Spain written by Damià Del Clot and has been published by Liverpool University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-01 with Political Science categories.
For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Lawfare Judicial Warfare In Spain
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Author : Damia Del Clot
language : en
Publisher:
Release Date : 2023
Lawfare Judicial Warfare In Spain written by Damia Del Clot and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundó, Catalan Minister of Justice, 20162017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Lawfare
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Author : Orde F. Kittrie
language : en
Publisher: Oxford University Press
Release Date : 2016
Lawfare written by Orde F. Kittrie 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 with Law categories.
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Lawfare The Criminalization Of Democratic Politics In The Global South
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Author : Raul Zaffaroni
language : en
Publisher: BRILL
Release Date : 2023-02-27
Lawfare The Criminalization Of Democratic Politics In The Global South written by Raul Zaffaroni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-27 with Social Science categories.
In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America.
Lawfare
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Author : Jaume Castan Pinos
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-19
Lawfare written by Jaume Castan Pinos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with Law categories.
This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Catalan Independence And The Crisis Of Sovereignty
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Author : Óscar García Agustín
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
Catalan Independence And The Crisis Of Sovereignty written by Óscar García Agustín and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Political Science categories.
This book explores the conflict between the Catalan project to become independent and the Spanish state’s opposition to any attempt of secessionism. The volume addresses some of the key political and academic issues of contemporary European societies: nationalism, separatism and sovereignty. The banned referendum in Catalonia in October 2017 unveiled the existence of multiple crises, from territorial to economic and political. Indeed, the Catalan issue is about the crisis of sovereignty: who holds legitimacy to make decisions, and who is in power legally and politically? The book is structured according to three themes: sovereignty and its people, where the realignment to independence, populism and the definition of the demos are discussed; collective identities and actions, to account for the shaping of ‘us’, the importance of collective memory and the cross-alliances forged during the referendum; and internationalization, focusing on Europeanisation, international media and comparative constitutional perspectives.
State Building As Lawfare
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Author : Egor Lazarev
language : en
Publisher: Cambridge University Press
Release Date : 2023-01-31
State Building As Lawfare written by Egor Lazarev 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 2023-01-31 with Political Science categories.
State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.
Soft War
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Author : Michael L. Gross
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-09
Soft War written by Michael L. 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 2017-06-09 with Political Science categories.
This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.
Law And War
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2014-01-08
Law And War written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-08 with Law categories.
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
Genocide Mass Atrocity And War Crimes In Modern History
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Author : James Larry Taulbee
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-02-06
Genocide Mass Atrocity And War Crimes In Modern History written by James Larry Taulbee and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-06 with Political Science categories.
Defining "genocide" as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity—clearly identifying the factors that produced the attitudes and behaviors that led to them—discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. Written by an expert on international politics and law, Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience is an easy-to-understand resource that explains why genocides and other atrocities occur, why humanity saw the need to create rules that apply during war, and how culture, rules about war, and the nature of war intersect. The first volume addresses the history and development of the normative regime(s) that define genocide and mass atrocity. Through a comparative study of historical cases that pay particular attention to the factors involved in producing the attitudes and behaviors that led to the incidents of mass slaughter and mistreatment, the author identifies the reasons that genocides and mass atrocities in the 20th century were largely ignored until the early 1990s and why even starting then, responses were inconsistent. The second book discusses why rules in war exist, which factors may lead to the adoption of rules, what defines a war "crime," and how the five fundamental principles laid out in the Geneva Conventions and other international agreements have actually functioned in modern warfare. It also poses—and answers—the interesting question of why we should obey rules when our opponents do not. The final chapter examines what actions could serve to identify future situations in which mass atrocities may occur and identifies the problems of timely humanitarian intervention in international affairs.