Post War Thinking About The Rule Of Law
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Post War Thinking About The Rule Of Law
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Author : University of Michigan. Law School
language : en
Publisher:
Release Date : 1961
Post War Thinking About The Rule Of Law written by University of Michigan. Law School and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Rule of law categories.
Peacekeeping Policing And The Rule Of Law After Civil War
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Author : Robert A. Blair
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
Peacekeeping Policing And The Rule Of Law After Civil War written by Robert A. Blair 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 2020-11-05 with History categories.
The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.
Laying Down The Law
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Author : R. W. Kostal
language : en
Publisher: Harvard University Press
Release Date : 2019-10-15
Laying Down The Law written by R. W. Kostal and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
Relocating The Rule Of Law
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Author : Gianluigi Palombella
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-18
Relocating The Rule Of Law written by Gianluigi Palombella and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Mi5 The Cold War And The Rule Of Law
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Author : Keith Ewing
language : en
Publisher: Oxford University Press
Release Date : 2020-03-05
Mi5 The Cold War And The Rule Of Law written by Keith Ewing 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 2020-03-05 with Law categories.
This book explores the powers, activities, and accountability of MI5 from the end of the Second World War to 1964. It argues that MI5 acted with neither statutory authority nor statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5's mandate after the Second World War which set out its role and functions, and to a limited extent the lines of accountability, the surveillance targets of MI5 and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate. As lawyers the authors' concern is to consider these questions within the context of the rule of law, one of the core principles of the British constitution, the values of which it was the duty of the Security Service to uphold. Based on extensive archival research, it suggests that MI5 operated without legal authority or exceeded the legal authority it did have.
Popular Government In The United States
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Author : Charles Hyneman
language : en
Publisher: Routledge
Release Date : 2017-07-05
Popular Government In The United States written by Charles Hyneman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
Political theory consists in clarification of language and concepts, in description and analysis of institutions and behavior, and in appraisal and evaluation of political events. Hyneman's theory is not one of the behavioral or functional varieties that rely on special language and concepts drawn from other disciplines than political science. It emphasizes a central concern of both conventional and behavioral theory: the distribution of "power," or what proportion of people have influence over what aspects of government. He is also interested in how power is shared, divided, checked, and balanced.The main task of political theory, Hyneman thinks, is clarification of the values served by and sustaining American democracy. This task gives meaning and direction to analysis of the elements of democracy and to empirical research on the processes of democracy. In this sense political science is not "value-free"; it is most useful in pursuit of the implications of basic beliefs and ideals. These beliefs and ideals can be found in historical statements as well as inferred from institutions and behavior.Hyneman's emphasis on popular control, electoral politics, and equality of influence tends to challenge both of the "pluralist" and "ruling elite" schools-though it should be clear that he is not engaged in a scholastic debate. The freedom of his analysis, ranging from specific reference to the professional controversies of his day is one of its strengths and a probable source of originality. He connects it explicitly to the literature of political science at critical points, as it existed when originally published in 1968.
Plunder
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Author : Ugo Mattei
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-30
Plunder written by Ugo Mattei and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-30 with Social Science categories.
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Rule Of Law After War And Crisis
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Author : Richard Zajac Sannerholm
language : en
Publisher:
Release Date : 2012
Rule Of Law After War And Crisis written by Richard Zajac Sannerholm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Nation-building categories.
Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. This has led to a host of externally promoted programmes and projects on law reform, constitutional development and judicial training, and security sector transformation. Through UN Security Council resolutions and other means of conditionality, the rule of law is not simply promoted in post-conflict and crisis settings, but also enforced. A failure to adhere to the rule of law can result in donors withholding funds and political support. The employment of the concept as a standard and condition in state-building has national legal and political consequences. Clarity in communication on the rule of law is of great importance. This book provides a critical analysis of past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged. Furthermore, there is a need for a reorientation of rule of law assistance to the core values of the concept in order to retain its independent and 'analytical bite', and to develop criteria that can guide reformers in the field. The author provides a comparative and systematic overview of how rule of law promotion has been put into effect and identifies challenges and opportunities for enhancing and strengthening norms, ideologies and methods for legal and judicial reform after war and crisis. About the book 'This compelling account of the role of international actors promoting rule of law in war to peace transitions argues that we have overreached. By prescribing value-laden rule of law reforms to formal justice institutions after war, we have created 'blind-spots': international actor accountability, informal and customary justice systems, and the procedures and outcomes of public administration. This important book argues that the real test of international rule of law interventions is whether they create spaces where conflict-weary citizens can demand, challenge, and participate in the creation of better local governance.' Professor Veronica L. Taylor, Australian National University and University of Washington 'In short, Sannerholm's pithy volume is an excellent primer for those interested in international rule of law reform efforts in countries emerging from war or crisis. He harbors no illusions about the challenges that these reform efforts face, and his criticisms of such efforts to date are realistic and incisive without succumbing to pessimism. Overall, Rule of Law After War and Crisis is a welcome contribution to our understanding of the foundational importance of the rule of law and the immense challenges the international community faces in establishing it where it is absent.' Kendall L. Manlove in International Law and Politics (2013) 953 About the author Richard Zajac Sannerholm holds a PhD in law and has experience in rule of law reform in post-conflict, crisis and transition countries, working as a researcher and adviser for international organizations, national agencies and non-governmental organizations. Zajac Sannerholm currently works as a researcher and project leader at the Folke Bernadotte Academy in Sweden.
The Oxford Handbook Of European Union Law
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Author : Anthony Arnull
language : en
Publisher: Oxford University Press
Release Date : 2015-07-23
The Oxford Handbook Of European Union Law written by Anthony Arnull 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 2015-07-23 with Law categories.
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
The New Law And Economic Development
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Author : David M. Trubek
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-21
The New Law And Economic Development written by David M. Trubek 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 2006-08-21 with Law categories.
This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.