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Jean D'Aspremont

This book questions the critical attitude that is informing the critical histories that have been flourishing since the ‘historical turn’ in international law. It makes the argument that the ‘historical turn’ falls short of being radically critical as the abounding critical histories which have come to populate the international literature over the last decades continue to be orchestrated along the very lines set by the linear historical narratives which they seek to question and disrupt, thereby repressing the imagination of international lawyers. It makes the point that the critical histories that have accompanied the ‘historical turn’ have contributed to the repression of disciplinary imagination just like other linear disciplinary histories. This book argues that the critical histories must move beyond a mere historiographical attitude and promotes radical historical critique in order to unbridle disciplinary imagination.

Adoption and Assisted Reproduction in Germany

Legal Framework and Current Issues

Series:

Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

Other titles published in this series:
- Economic Consequences of Divorce in Korea, Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture, Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach, Clara Chapdelaine-Feliciati; isbn 9789004330870

The Significance of Borders

Why Representative Government and the Rule of Law Require Nation States

Thierry Baudet

For the Online Edition, please go to: : click here.

For almost three-quarters of a century, the countries of Western Europe have abandoned national sovereignty as an ideal. Nation states are being dismantled: by supranationalism from above, by multiculturalism from below. This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.

The Methodology of Maurice Hauriou

Legal, Sociological, Philosophical

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Christopher Berry Gray

This book shows that Hauriou’s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou’s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.

Series:

Edited by Yves Daudet

The essays contained in this volume derive from a high-level Workshop organized by the Hague Academy of International Law to determine whether the legal
fundamentals that were established a century ago remain relevant today or whether they have been affected by the requirements of today’s world.
The world of a century ago only faintly resembles the world in which we now live, and it is therefore legitimate to ask whether the rules laid down in 1907 respond to the needs of 2007. How can it be disputed that the requirement for peace, law, the settlement of disputes, and humanitarian principles still exists, and even more emphatically than in the past? But given the new constraints with which our world is faced — terrorism, degradation of the environment, the exacerbation of under-development in certain States, and food and energy crises — and given the new imbalances that are appearing around the emerging powers, new forms of development, and the ubiquity of new technologies,there is a clear need for reform. The question is whether, in the name of such requirements, it is now possible to depart from certain principles that can be viewed as fundamental achievements.
To what extent do the great achievements dating from the dawn of the last century survive among the rules applicable to the century that is now beginning, without excluding the developments
and reforms that are necessary in a world that is so different from the world a century ago?

Ce volume contient les communications et les débats concernant un colloque de haut niveau organisé par l’Académie de droit international de La Haye afin de déterminer si les fondamentaux juridiques établis au siècle dernier demeurent d’actualité de nos jours ou s’ils ont au contraire été affectés par les exigences du monde contemporain. En effet, celui-ci n’a plus grandchose à voir avec celui d’autrefois et présente des besoins plus importants que jamais en termes de paix, de droit, de règlement des différends et de principes humanitaires. Il semble donc légitime de s’interroger sur la validité qu’il y a à transposer à notre époque des règles énoncées en 1907.

Evil, Law and the State

Perspectives on State Power and Violence

Series:

Edited by John T. Parry

The topic of “evil” means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil –in whatever way we define the term – the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power.
The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes.

Edited by Edward Bander

The first complete abstracting of this trial since publication of The Pickwick Papers in 1836, this adaptation includes the origin of the case, Pickwick's dealings with his solicitor and Mrs. Bardell's firm of Dodson and Fogg, the aftermath of the trial, debtor's prison, and the denouement.

Yonah Alexander

For the fourth volume of terrorist group profiles we have selected several major Palestinian secular groups. Fatah (meaning "conquest"), formed by Yasser Arafat in 1958, is the largest body within the Palestinian Liberation Organization (PLO). Currently, Fatahâ??s Tanzim, Force 17, the al-Aksa Martyrs Brigades, and other affiliate groups are engaged in terrorist activities against Israel.



Two other major movements within the PLO are the Popular Front for the Liberation of Palestine (PFLP), established in 1967 by George Habash, and the Democratic Front for the Liberation of Palestine (DFLP), founded by Nayef Hawatmeh. Both organizations seek to liberate Palestine through an â??armed struggleâ?.



The aim of this book, like the earlier volumes on al-Qaida, the ETA, Hamas, and Islamic Jihad, is not to glorify terrorist movements. Rather it is designed to provide an easily accessible reference for academics, policy makers, reporters, and other interested individuals on the most active secular Palestinian terrorists groups. This volume exposes much of their mystique and thereby places them in perspective as three of the many challenges facing the international community in the 21st century.



Published under the Transnational Publishers imprint.

Yonah Alexander

This volume profiles Hamas (Harakat al-Mugawama al-Islamiya), main radical Islamic terrorist group dedicated to the destruction of the State of Israel and the Palestinian Islamic Jihad, smaller in size but equally committed to eliminating Israel through political violence.

The aim of this book is not to glorify terrorist movements. Rather it is designed to provide an easily accessible reference for academics, policy makers, reporters, and other interested individuals on two of the most notorious Palestinian terrorist groups.



Published under the Transnational Publishers imprint.

Sites of Discourse – Public and Private Spheres – Legal Culture

Papers from a Conference Held at the Technical University of Dresden, December 2001

Series:

Edited by Uwe Böker and Julie A. Hibbard

The present collection of essays grew out of a conference, held in Dresden in December 2001, exploring the relationship between the public sphere and legal culture. The conference was held in connection with the ongoing research undertaken by the Sonderforschungsbereich 537 ‘Institutionalisation and Historical Change’ and, in particular, by the project ‘Circulation of Legal Norms and Values in British Culture from 1688 to 1900’.
The conference papers include essays on the theory of the public sphere from a systematic and historical point of view by Gert Melville, by Peter Uwe Hohendahl and by Jürgen Schlaeger, all of whom try to re-evaluate and/or improve upon Jürgen Habermas’ seminal contribution to the discussion of the emergence of modernism. Alastair Mann’s contribution investigates the situation in Scotland, particularly censorship and the oath of allegiance; Annette Pankratz focuses on the king’s body as a site of the public sphere; Heinz-Joachim Müllenbrock looks into the widespread ‘culture of contention’ at the beginning of the eighteenth century; and Eckhart Hellmuth considers the reform movement at the end of the century and the radical democrats’ insistence on the right to discuss the constitution.
Ian Bell, who took part in the conference, suggested the inclusion of part of the first chapter of his seminal study Literature and Crime in Augustan England (1991). Beth Swan, Anna-Christina Giovanopoulos, and Christoph Houswitschka respectively analyse the ideologies of justice, the interrelation between journalism and crime, and the juridical evaluation of the crime of incest and its representation in public. Greta Olson investigates keyholes as liminal spaces between the public and the private, Juliet Wightman focuses on theatre and the bear pit, Uwe Böker examines the court room and prison as public sites of discourse, and York-Gothart Mix discusses the German emigrant culture in North America.