Browse results

You are looking at 1 - 10 of 1,588 items for :

  • Social Sciences x
  • International Law x
Clear All
Author: Irene Schneider
In Palestine, family law is a controversial topic publicly debated by representatives of the state, Sharia establishment, and civil society. Yet to date no such law exists. This book endeavors to determine why by focusing on the conceptualization of gender and analyzing “law in the making” and the shifts in debates (2012–2018). In 2012, a ruling on khulʿ-divorce was issued by the Sharia Court and was well received by civil society, but when the debate shifted in 2018 to how to “harmonize” international law with Islamic standards, the process came to a standstill. These developments and the various power relations cannot be properly understood without taking into consideration the terminology used and redefined in these debates.
Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution. Due to its apparent legal novelty, this normative formula received much praise from multiple civil society and academic circles by forging what some argued to be a new development paradigm based on Andean epistemologies. Gallegos Anda theorizes this important phenomenon through an inductive analysis of context and power relations. Through a masterful navigation through epistemological fields, the author offers a critical theory of Buen Vivir that focuses on changing citizenship regimes, a retreating state, politicised ethnic cleavages, discursive democracy and the emergence of an empty signifier. Gallegos-Anda is the first to situate Buen Vivir in a theoretical context grounded in international human rights law.
A How-to Manual in Eight Essays
Author: Brien Hallett
Wishing to be helpful, Nurturing the Imperial Presidency by Brien Hallett illuminates the 5,000-year-old invariant practice of executive war-making. Why has the nation's war leader always decided and declared war?

Substituting a speech act approach for the traditional "separation of powers" approach, Hallett argues that he who controls the drafting of the declaration of war also controls the decision to go to war.

However, recent legislation calling for legislated "approvals" or “authorization to use force” before the executive can go to war, in no way hinder the executive's ancient prerogative power to decide and declare war. Innovative ways to deny the executive its ability to decide and declare war are proposed in this book.
Towards the Reconstruction of a Materialist Theory of Law
Author: Sonja Buckel
On the basis of a reconstruction of legal theory in the tradition of Marx – a current that has been more or less silenced since the end of the 1970s – Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today.

To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories – above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. This book was originally published in German as Subjektivierung und Kohäsion. Zur Rekonstruktion einer materialistischen Theorie des Rechts, by Velbrück Wissenschaft, 2007, ISBN 978-3-938808-29-0.

Abstract

The Vietnamese state has issued numerous measures to prevent the spread of covid-19 in the country. This paper shows how the state used the law to manage religious activities for the purpose of public health during the epidemic. We argued that because of legal, institutional, and religious factors, the Vietnamese state was successful in establishing cooperation with religious organizations to implement measures restricting religious activities to limit the spread of the epidemic in the country.

In: Journal of Law, Religion and State
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
Author: Brien Hallett

Abstract

In an effort to better understand and explain the incapacity of legislatures to decide and declare war, executive decision-making is contrasted with collective decision-making. Both functional and organizational contrasts are explored.

In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
Author: Brien Hallett

Abstract

The chapter discusses the conflict resolution potential of conditional declarations of war. This potential is unlocked by a strict adherence to procedural justice. Unlocking procedural justice, however, implies a strict adherence to the decorous solemnity that the Romans called pium (“piety”). In the case of war, pium is achieved most effectively through parliamentary procedures in a decision-making assembly. Parliamentary procedures are both procedurally just and pium because the intention/decision is not made privately before the text is drafted in private and, subsequently, declared publicly. Rather, the text is drafted in a public process before a public vote brings into existence the collective intention/decision simultaneously with the declaration.

The chapter concludes with a brief discussion of the Roman conception and practice of war: Conceptually, the purpose of war for the Romans was not to compel victory through an act of force, but to agree upon a renewed association through a treaty of alliance, often in the form of a peace treaty. Practically, a strict adherence to the solemn decorum of the jus fetiale facilitated a substantively just declarative act, the Romans believed. Namely, an act that sought an agreed upon a renewal of association through a treaty of alliance with the conflict partner.

In: Nurturing the Imperial Presidency