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A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
In her engaging book, Constructing the Enemy, Rajini Srikanth probes the concept of empathy, attempting to understand its different types and how it is—or isn't—generated and maintained in specific circumstances. Using literary texts to illuminate issues of power and discussions of law, Srikanth focuses on two case studies— the internment of Japanese citizens and Japanese Americans in World War II, after the bombing of Pearl Harbor, and the detainment of Muslim Americans and individuals from various nations in the U.S. prison at Guantanamo Bay. Through primary documents and interviews that reveal why and how lawyers become involved in defending those who have been designated “enemies,” Srikanth explores the complex conditions under which engaged citizenship emerges. Constructing the Enemy probes the seductive promise of legal discourse and analyzes the emergence and manifestation of empathy in lawyers and other concerned citizens and the wider consequences of this empathy on the institutions that regulate our lives.
Renowned scholar Elaine Scarry's book, The Body in Pain, has been called by Susan Sontag "extraordinary...large-spirited, heroically truthful." The Los Angeles Times called it "brilliant, ambitious, and controversial." Now Oxford has collected some of Scarry's most provocative writing. This collection of essays deals with the complicated problems of representation in diverse literary and cultural genres--from her beloved sixth-century philosopher Boethius, through the nineteenth-century novel, to twentieth-century advertising. qWe often assume that all areas of experience are equally available for representation. On the contrary, these essays present discussions of experiences and concepts that challenge, defeat, or block representation. Physical pain, physical labor, the hidden reflexes of cognition and its judgments about the coherence or incoherence of the world are all phenomena that test the resources of language. Using primarily literary sources (works by Hardy, Beckett, Boethius, Thackeray, and others), Scarry also draws on painting, medical advertising, and philosophic dialogue to probe the limitations of expression and representation. Resisting Representation celebrates language. It looks at the problematic areas of expression not at the moment when representation is resisted, but at the moment when that resistance is at last overcome, thus suggesting a domain of plenitude and inclusion.
Includes chapters on slang, jargon, and neologisms.
What are the origins of human rights? This question, rarely asked before the end of the Cold War, has in recent years become a major focus of historical and ideological strife. In this sequence of reflective and critical studies, Samuel Moyn engages with some of the leading interpreters of human rights, thinkers who have been creating a field from scratch without due reflection on the local and temporal contexts of the stories they are telling. Having staked out his owns claims about the postwar origins of human rights discourse in his acclaimed Last Utopia, Moyn, in this volume, takes issue with rival conceptions—including, especially, those that underlie justifications of humanitarian intervention
Award-winning critic Elaine Scarry provides a vital new assessment of leadership during crisis that ensures the protection of democratic values. In Thinking in an Emergency, Elaine Scarry lays bare the realities of “emergency” politics and emphasizes what she sees as the ultimate ethical concern: “equality of survival.” She reveals how regular citizens can reclaim the power to protect one another and our democratic principles. Government leaders sometimes argue that the need for swift national action means there is no time for the population to think, deliberate, or debate. But Scarry shows that clear thinking and rapid action are not in opposition. Examining regions as diverse as Japan, Switzerland, Ethiopia, and Canada, Scarry identifies forms of emergency assistance that represent “thinking” at its most rigorous and remarkable. She draws on the work of philosophers, scientists, and artists to remind us of our ability to assist one another, whether we are called upon to perform acts of rescue as individuals, as members of a neighborhood, or as citizens of a country.
This book provides a conceptual analysis of Islamist extremism and examines radical Islamist rhetoric and various extremist groups. Engaging in a conceptual analysis of Islamist extremism that focuses on the ‘what is’ and not the ‘why’ of Islamist extremism, the book extends the traditional parameters of analysis, from context-specific and temporally confined causal analyses to a broader conceptual analysis relevant to the many different temporal and geo-political contexts of Islamist extremist groups.