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The study, edited by Prof. dr habil. Witold Klaus, which is a legal commentary to the dramatic events that have been taking place on the Polish–Belarusian border since August 2021. The humanitarian crisis unfolding there, or in fact the Polish government’s response to it, not only does it raisemany moral but also legal questions.The publication is the product of collaboration between two research centres operating at the Institute of Law Studies of the Polish Academy of Sciences: the Migration Law Research Centre and the Centre for Research on International Criminal Law. The authors represent various research institutions, although most of them are active members of one of the PAS centres. In this publication, the authors attempt to answer the most important of the latter. This selection of issues comes from questions and doubts appearing in press materials, and also from requests made by people helping on the border and acting as part of the Grupa Granica organisation. As you will see, the issues we address in this publication cover many different areas of law, which often overlap. They concern migration law, constitutional law, administrative law, criminal law, humanitarian law, international law and human rights law. This required assembling an expert team of authors who would be capable of providing answers to these questions – answers that are often far from obvious. We have tried to make sure that this study has mainly a practical value. For this reason, our goal was to offer concise and detailed answers to the questions and doubts which have been raised. The articles we are offering to readers are based on the academic expertise of the authors, but we have tried to use relatively clear language and not to cloak our argumentation in convoluted legalese. I hope that we have succeeded in doing so and that this publication will be of use to a wide range of readers who would like to understand how to evaluate the actions of those in power from a legal point of view.
It sounded simple enough - Wyatt Valeron is hired to escort a man from Paradise to Denver Colorado. However, upon arrival at the secluded mining town, he learns a sinister tyrant named Gaskell controls everyone and everything. His hired 'enforcers' maintain a form of law that supersedes all outside authority. To break a rule can mean punishment or even death. Wyatt does what comes naturally and ends up sentenced to hang. With the Valerons going into action to save Wyatt and take on the all-powerful men in Paradise, another problem has landed on the family doorstep. Cliff Mason finds himself drawn to the plight of a runaway girl, a girl with a dark secret and terrible fear of the man searching for her. Both dilemmas have a similar challenge - the authorities are unable to do anything without proof. The Valerons must act on their own to stop these criminals who are Beyond the Law.
Before the late 1950s and the early 1960s, teachers in Illinois and the rest of the country generally did not participate in a formal process to establish their salaries and working conditions or to influence policies that affected the nature and quality of their services. Teachers beyond the Law tells how a group of groundbreaking educators organized unions and established collective bargaining as a process to determine their own economic and professional destinies. Because the laws of the state and nation not only gave little recognition to their rights but also actually established multiple layers of legal and bureaucratic barriers to their unions, teachers and their leaders were frequently punished for using traditional union methods to assert their rights as citizens and professionals. They were discriminated against or fired for joining unions or participating in union activities. Courts routinely enjoined their unions from striking, sometimes without a hearing, and jailed leaders and members for refusing to cease striking until they had negotiated satisfactory agreements with their employers. The Illinois Federation of Teachers successfully opposed many efforts to pacify teachers and other public employees with legislative bills that would have mandated recognition of their unions but also prohibited strikes. Finally, in 1983, after decades of effort and self-sacrifice by union leaders and members, the Illinois legislature and governor enacted laws regulating and supporting collective bargaining for teachers and other public employees without restrictions on the right to strike. Teachers beyond the Law tells the true story of how these courageous teachers took a stand and changed the world.
Beyond the Law's Reach? argues that fundamental assumptions in contemporary political philosophy need to be rethought in the face of pervasive political violence. At an applied level, Nili develops this claim by delving into a series of specific controversies, all revolving around affluent democracies' policy responses to the threat of pervasive violence abroad. Examples include the ethics of giving refuge to beleaguered autocrats to avert civil war in their country, the ethics of prosecuting foreign officials who have colluded with drug cartels, and the admission of oligarchs who acquired their riches by distorting their country's rule of law. At a more theoretical level, the book shows that the moral principles needed to adjudicate these particular controversies can illuminate broader issues in normative political theory. These range from the philosophy of criminal punishment, through the relationship between the law's letter and its spirit, to the general plausibility of certain moral theories (and meta-theories) as public policy guides. Ranging from influential theories of justice to some of the hardest moral dilemmas facing communities and leaders struggling with the shadow of violence, this book explores the difficult circumstances in which we must aside not just the assumption of a stable liberal democracy, but even the dream of a clear path towards such democracy.
This volume explores the continuous line from informal and unrecorded practices all the way up to illegal and criminal practices, performed and reproduced by both individuals and organisations. The authors classify them as alternative, subversive forms of governance performed by marginal (and often invisible) peripheral actors. The volume studies how the informal and the extra-legal unfold transnationally and, in particular, how and why they have been/are being progressively criminalized and integrated into the construction of global and local dangerhoods; how the above-mentioned phenomena are embedded into a post-liberal security order; and whether they shape new states of exception and generate moral panic whose ultimate function is regulatory, disciplinary and one of crafting practices of political ordering.
Just Beyond the Law By: Richie Brotherton In the small Old West town of Showdown, up in the Texas panhandle, trouble is brewing. Rustlers and ne’er-do-wells seem to find their way into the wholesome little town, bothering its citizens and taking what they want with the iron on their hip. One day, a mysterious stranger appears in the shadows and begins to take care of the town’s problems. No one knows the identity of this hero. But as the bodies of gunslingers pile up and the Sheriff becomes mighty suspicious, the people of the town are inspired by the stranger: If one man can make a difference, a town working together and helping one another can surely change their corner of the world.
How feminists across Latin America, Africa, and Europe are making self-managed abortion available to all–and the strong transnational feminist movement they have built along the way The feminists across Latin America, Africa, and Europe making self-managed abortion available to all - and the transnational movement they have built along the way Drawing on years of research with activists around the world, sociologist Naomi Braine describes the strategies, politics, and tactics of direct action feminists bringing abortion pills, information, and support to people seeking to end unwanted pregnancies. From combatting the legal strictures of Bolsonaro's Brazil, to navigating the NGO-dominated landscape of Kenya and Nigeria, feminist activists are making safe, accessible abortion care available against the odds. Even more important, these women are building a robust transnational feminist network. Tactics developed in the Global South - hotlines, practices of accompaniment and peer-to-peer care, and scientific information - are now being shared with activists in Europe and North America, building a new model for international feminist solidarity.
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
The 1982 U.N. Convention of the Law of the Sea took over a decade to produce and was the final result of the largest single international negotiating process undertaken before or since that time. As the world's leading maritime nation, the U.S. has vital, immediate, national interests in the Convention and in the continuing refinement of maritime law based upon the tenets of that comprehensive document. The present work describes in detail the concurrent development of international law and the law of the sea, the complex negotiating process that resulted in the completed Convention, the role of the U.S. both during the Law of the Sea Convention and during the decade of negotiation that finally made the Convention acceptable, and policy directions and issues for the U.S. in the post-Convention environment. This is an important new text in international law, international relations, and maritime affairs.