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In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.
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Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
"Recently, a rising number of countries have turned away from democracy and human rights and the rule of law has been in retreat. The book defines the rule of law, assesses recent trends in its practice, and offers in-depth analysis of developments in international context and in key countries"--
DIVSince the end of the Cold War, the assumption among most political theorists has been that as nations develop economically, they will also become more democratic—especially if a vibrant middle class takes root. This assumption underlies the expansion of the European Union and much of American foreign policy, bolstered by such examples as South Korea, the Philippines, Taiwan, and even to some extent Russia. Where democratization has failed or retreated, aberrant conditions take the blame: Islamism, authoritarian Chinese influence, or perhaps the rise of local autocrats./divDIV /divDIVBut what if the failures of democracy are not exceptions? In this thought-provoking study of democratization, Joshua Kurlantzick proposes that the spate of retreating democracies, one after another over the past two decades, is not just a series of exceptions. Instead, it reflects a new and disturbing trend: democracy in worldwide decline. The author investigates the state of democracy in a variety of countries, why the middle class has turned against democracy in some cases, and whether the decline in global democratization is reversible./div
A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.