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"In the face of such 'unspeakable truths,' wouldn't it be better to simply, quietly bow out?" (Kora Andrieu: Sorry for the Genocide, 2009). This book affirms this question regarding colonial crimes through an interdisciplinary approach. For coming to terms with massive systemic injustice, not only the historic foundations and legal questions are relevant, but also political viewpoints as well as peace ethics. The book reveals: In the face of extreme violence, even genocide, a political apology can be an effective tool for conflict transformation, even when the injustice is far in the past.
Author:
"In the face of such 'unspeakable truths,' wouldn't it be better to simply, quietly bow out?" (Kora Andrieu: Sorry for the Genocide, 2009). This book affirms this question regarding colonial crimes through an interdisciplinary approach. For coming to terms with massive systemic injustice, not only the historic foundations and legal questions are relevant, but also political viewpoints as well as peace ethics. The book reveals: In the face of extreme violence, even genocide, a political apology can be an effective tool for conflict transformation, even when the injustice is far in the past.
From Antiquity to the Twentieth Century
This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way.
Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.
Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.
From Antiquity to the Twentieth Century
This volume offers an extensive introduction to Western legal traditions from antiquity to the twentieth century. Drawing from a variety of scholarly writings, both in English and in translation, thirteen leading scholars present the current state of western legal history research and pave the way for new debates and future study. This is the ideal sourcebook for graduate students, as it enables them to approach the key questions of the field in an accessible way.
Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.
Contributors are: Aniceto Masferrer, C.H. (Remco) van Rhee, Seán P. Donlan, Stephan Dusil, Gerald Schwedler, Jean-Louis Halpérin, Jan Hallebeek, Agustín Parise, Heikki Pihlajamäki, Dirk Heirbaut, Bernd Kannowski, Adolfo Giuliani, Olivier Moréteau, and Jacques Vanderlinden.
An Essay on the Evolution of the Right of Peoples
Author:
At the foundation of international law lies the notion of ius gentium or right of peoples, an idea that fully came into its own with the discovery of America and the effort to resolve the moral issues posed by the Spanish presence. Once Vitoria broadened the Augustinian concept of an international community by proposing the use of reason as the only criterion for membership in that community, it remained to formulate the laws needed to impose order on it. But before accomplishing that task, two questions must be accounted for: what is the nature of the ius gentium, and what is its relation to ius naturale? How theologians, philosophers, jurists sought the answers between 1500 and 1700 is the subject of this essay.
An Essay on the Evolution of the Right of Peoples
Author:
At the foundation of international law lies the notion of ius gentium or right of peoples, an idea that fully came into its own with the discovery of America and the effort to resolve the moral issues posed by the Spanish presence. Once Vitoria broadened the Augustinian concept of an international community by proposing the use of reason as the only criterion for membership in that community, it remained to formulate the laws needed to impose order on it. But before accomplishing that task, two questions must be accounted for: what is the nature of the ius gentium, and what is its relation to ius naturale? How theologians, philosophers, jurists sought the answers between 1500 and 1700 is the subject of this essay.
Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production.
Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production.
Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
Author:
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
Author:
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
From the system of legal proofs to the free evaluation of the evidence
Author:
This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
From the system of legal proofs to the free evaluation of the evidence
Author:
This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.
'In Quest of Liberty, Justice, and Peace'
Author:
This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career.
Detailed Table of Contents.
Layout of the Book.
Detailed Table of Contents.
Layout of the Book.
'In Quest of Liberty, Justice, and Peace'
Author:
This publication presents a comprehensive review of the life and intellectual legacy of the Dutch Nobel Peace laureate and father of the Hague tradition of international law. It is the first research study based on a wealth of recently disclosed private and family files, and deepens and modifies all earlier evaluations. It enlarges on Asser’s achievements as legal practitioner, university don, pioneer of private international law, diplomat and arbitrator, and State Councillor. It discusses his durable impact as founder of international law bodies and institutions. It likewise highlights the impressive Asser family tradition that exemplifies 19th-century Jewish emancipation in Amsterdam, addresses Asser’s youth and student years, his role as family man and the impact of personal drama on his career.
Detailed Table of Contents.
Layout of the Book.
Detailed Table of Contents.
Layout of the Book.
Environmental and Cultural Concerns
In Intergenerational Equity: Environmental and Cultural Concerns, the editors have produced an important, broad-based volume on intergenerational equity. The authors explore the principle of intergenerational equity in many dimensions, from the theoretical to the practical. While the primary focus is on intergenerational equity in the context of environmental resources and cultural heritage, the principle is also addressed in a broad array of other contexts. The final section of the volume considers intergenerational justice as it applies to indigenous peoples, genocide, migration, sovereign wealth funds and foreign investment. The chapters also provide a critical analysis of the issues and a consideration of the difficulties in implementing intergenerational equity.
Environmental and Cultural Concerns
In Intergenerational Equity: Environmental and Cultural Concerns, the editors have produced an important, broad-based volume on intergenerational equity. The authors explore the principle of intergenerational equity in many dimensions, from the theoretical to the practical. While the primary focus is on intergenerational equity in the context of environmental resources and cultural heritage, the principle is also addressed in a broad array of other contexts. The final section of the volume considers intergenerational justice as it applies to indigenous peoples, genocide, migration, sovereign wealth funds and foreign investment. The chapters also provide a critical analysis of the issues and a consideration of the difficulties in implementing intergenerational equity.
Reconciling Diversity and Harmonization
Author:
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Reconciling Diversity and Harmonization
Author:
The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.
Challenges and Critiques
Editor:
What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
Challenges and Critiques
Editor: