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This book explores the portrayal of the rise, reign, and demise of Abimelech in Judges 9 and asks about whose interests this portrayal may have served. The negative depiction of Abimelech's kingship in this chapter, coupled with Gideon's rejection of kingship in Judges 8:22-23, has led interpreters to view the passage as anti-monarchic. This perspective clashes with the pro-monarchic stance of Judges 17-21. However, while the portrayal of Abimelech's kingship is negative, it may yet have served as a legitimation strategy for the monarchy. In support, this study examines Judges 9 through three methodological lenses: a narrative analysis, a rhetorical analysis and a social scientific analysis. In addition, anthropological data on early and developing states shows that such states attempt to prevent fissioning (the tendency inherent within political systems to break up and form other similar units) by subverting local leaders, groups, and institutions, and so legitimate the centralization of power. When read in this light, Judges 9 supports monarchic interests by seeking to subvert localized rule and alliances in favor of a centralized polity.
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
This book contains essays by A. John Simmons, perhaps the most innovative and creative of today's political philosophers.
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
For the past few years, the increase in cases of political corruption, the loss of politicians credibility, the development of social and political forms of pathology (notably the rise of the extreme right along with exclusionist ideologies), and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and proffers insightful answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies.