Philosophy of Nonviolence

Revolution, Constitutionalism, and Justice Beyond the Middle East

Author: Chibli Mallat

Publisher: Oxford University Press, USA

ISBN: 0199394202

Category: Law

Page: 388

View: 5262

In 2011, the Middle East saw the dictators of Tunisia, Egypt, and Yemen deposed in a matter of weeks by non-violent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region. It failed in some countries, and was not sustained in others after the dictators' fall. Beyond this uneven course, 'Philosophy of Nonviolence' examines how 2011 may have ushered in a fundamental break in the human journey, one animated by non-violence, which the book argues is the new anima of the philosophy of history.
Posted in Law

Constitutionalism, Human Rights, and Islam after the Arab Spring

Author: Rainer Grote,Tilmann J. R?der

Publisher: Oxford University Press

ISBN: 0190627662

Category: Political Science

Page: 1200

View: 7732

Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Posted in Political Science

Changing God’s Law

The dynamics of Middle Eastern family law

Author: Nadjma Yassari

Publisher: Routledge

ISBN: 131716864X

Category: Law

Page: 290

View: 1548

This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.
Posted in Law

The Renewal of Islamic Law

Muhammad Baqer As-Sadr, Najaf and the Shi'i International

Author: Chibli Mallat

Publisher: Cambridge University Press

ISBN: 9780521531221

Category: Law

Page: 245

View: 6754

A study of Muhammad Baqer as-Sadr - an Iraqi scholar whose ideas were influential in the rise of political Islam.
Posted in Law

Political Order in Changing Societies

Author: Samuel P. Huntington

Publisher: Yale University Press

ISBN: 9780300116205

Category: Political Science

Page: 488

View: 9126

This now classic examination of the development of viable political institutions in emerging nations is an enduring contribution to modern political analysis. The foreword by Fukuyama assesses Huntingdon's achievement.
Posted in Political Science

The Sit-Ins

Protest and Legal Change in the Civil Rights Era

Author: Christopher W. Schmidt

Publisher: University of Chicago Press

ISBN: 022652258X

Category: Law

Page: 256

View: 6039

On February 1, 1960, four African American college students entered the Woolworth department store in Greensboro, North Carolina, and sat down at the lunch counter. This lunch counter, like most in the American South, refused to serve black customers. The four students remained in their seats until the store closed. In the following days, they returned, joined by growing numbers of fellow students. These “sit-in” demonstrations soon spread to other southern cities, drawing in thousands of students and coalescing into a protest movement that would transform the struggle for racial equality. The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at “whites only” lunch counters lies a series of underappreciated legal dilemmas—about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students’ actions initiated a national conversation over whether the Constitution’s equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.
Posted in Law

International Law in a Changing World

Author: Clarence Wilfred Jenks,Roberto Ago,Oscar Schachter

Publisher: N.A

ISBN: 9781258360733

Category:

Page: 134

View: 7726

Additional Contributors Include Dag Hammarskjold, Andre Gros, Jimenez De Arechaga, And Others.
Posted in

Introduction to Middle Eastern Law

Author: Chibli Mallat

Publisher: OUP Oxford

ISBN: 0191021725

Category: Law

Page: 504

View: 9942

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Posted in Law

Unstable Constitutionalism

Author: Mark Tushnet,Madhav Khosla

Publisher: Cambridge University Press

ISBN: 1107068959

Category: Law

Page: 414

View: 6016

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Posted in Law

Introducing Democracy

80 Questions and Answers

Author: David Beetham,Kevin Boyle

Publisher: Polity

ISBN: 9780745615196

Category: Political Science

Page: 160

View: 9777

This textbook, specially commissioned by UNESCO, addresses eighty of the most pressing questions about democracy today.
Posted in Political Science

Networked Governance of Freedom and Tyranny

Peace in Timor-Leste

Author: John Braithwaite,Hilary C. Charlesworth,Adérito Soares

Publisher: ANU E Press

ISBN: 1921862769

Category: History

Page: 365

View: 5678

This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.
Posted in History

Quantum Social Science

Author: Emmanuel Haven,Andrei Khrennikov

Publisher: Cambridge University Press

ISBN: 1139851497

Category: Science

Page: N.A

View: 8381

Written by world experts in the foundations of quantum mechanics and its applications to social science, this book shows how elementary quantum mechanical principles can be applied to decision-making paradoxes in psychology and used in modelling information in finance and economics. The book starts with a thorough overview of some of the salient differences between classical, statistical and quantum mechanics. It presents arguments on why quantum mechanics can be applied outside of physics and defines quantum social science. The issue of the existence of quantum probabilistic effects in psychology, economics and finance is addressed and basic questions and answers are provided. Aimed at researchers in economics and psychology, as well as physics, basic mathematical preliminaries and elementary concepts from quantum mechanics are defined in a self-contained way.
Posted in Science

Nonviolent Resistance

A Philosophical Introduction

Author: Todd May

Publisher: John Wiley & Sons

ISBN: 0745690491

Category: Philosophy

Page: 264

View: 9145

We see nonviolent resistance all over today’s world, from Egypt’s Tahrir Square to New York Occupy. Although we think of the last century as one marked by wars and violent conflict, in fact it was just as much a century of nonviolence as the achievements of Mohandas Gandhi and Martin Luther King, Jr. and peaceful protests like the one that removed Ferdinand Marcos from the Philippines clearly demonstrate. But what is nonviolence? What makes a campaign a nonviolent one, and how does it work? What values does it incorporate? In this unique study, Todd May, a philosopher who has himself participated in campaigns of nonviolent resistance, offers the first extended philosophical reflection on the particular and compelling political phenomenon of nonviolence. Drawing on both historical and contemporary examples, he examines the concept and objectives of nonviolence, and considers the different dynamics of nonviolence, from moral jiu-jitsu to nonviolent coercion. May goes on to explore the values that infuse nonviolent activity, especially the respect for dignity and the presupposition of equality, before taking a close-up look at the role of nonviolence in today’s world. Students of politics, peace studies, and philosophy, political activists, and those interested in the shape of current politics will find this book an invaluable source for understanding one of the most prevalent, but least reflected upon, political approaches of our world.
Posted in Philosophy

Iran's Nuclear Program and International Law

From Confrontation to Accord

Author: Daniel H. Joyner

Publisher: Oxford University Press

ISBN: 0190635711

Category: Nuclear nonproliferation

Page: 280

View: 6778

This book provides an international legal analysis of the most important questions regarding Iran's nuclear program since 2002. Setting these legal questions in their historical and diplomatic context, this book aims to clarify how the relevant sources of international law - including primarily the 1968 Nuclear Non-proliferation Treaty and IAEA treaty law - should be properly applied in the context of the Iran case. It provides an instructional case study of the application of these sources of international law, the lessons which can be applied to inform both the on-going legal and diplomatic dynamics surrounding the Iran nuclear dispute itself, as well as similar future cases. Some questions raised regard the watershed diplomatic accord reached between Iran and Western states in July, 2015, known as the Joint Comprehensive Program of Action. The answers will be of interests to diplomats and academics, as well as to anyone who is interested in understanding international law's application to this sensitive dispute in international relations.
Posted in Nuclear nonproliferation

Christian Human Rights

Author: Samuel Moyn

Publisher: University of Pennsylvania Press

ISBN: 0812292774

Category: Political Science

Page: 264

View: 8557

In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.
Posted in Political Science

Nationalism

Theory, Ideology, History

Author: Anthony D. Smith

Publisher: John Wiley & Sons

ISBN: 0745659675

Category: Political Science

Page: 224

View: 8004

For the last two centuries, nationalism has been a central feature of society and politics. Few ideologies can match its power and resonance, and no other political movement and symbolic language has such worldwide appeal and resilience. But nationalism is also a form of public culture and political religion, which draws on much older cultural and symbolic forms. Seeking to do justice to these different facets of nationalism, the second edition of this popular and respected overview has been revised and updated with contemporary developments and the latest scholarly work. It aims to provide a concise and accessible introduction to the core concepts and varieties of nationalist ideology; a clear analysis of the major competing paradigms and theories of nations and nationalism; a critical account of the often opposed histories and periodization of the nation and nationalism; and an assessment of the prospects of nationalism and its continued global power and persistence. Broad and comparative in scope, the book is strongly interdisciplinary, drawing on ideas and insights from history, political science, sociology and anthropology. The focus is theoretical, but it also includes a fresh examination of some of the main historical and contemporary empirical contributions to the literature on the subject. It will continue to be an invaluable resource for students of nationalism across the social sciences.
Posted in Political Science

Nonviolence in Political Theory

Author: Iain Atack

Publisher: Edinburgh University Press

ISBN: 0748633790

Category: Political Science

Page: 208

View: 5740

Develops a coherent theory of nonviolent political action in the context of Western political theory. Ian Atack identifies the contribution of nonviolence to political theory through connecting central characteristics of nonviolent action to fundamental debates about the role of power and violence in politics. This in turn provides a platform for going beyond historical and strategic accounts of nonviolence to a deeper understanding of its transformative potential.From Mahatma Gandhi and Martin Luther King to toppled communist regimes in Eastern Europe and pro-democracy movements in Serbia, Georgia and Ukraine, nonviolent action has played a significant role in achieving social and political change in the last century. The Arab Spring revolutions, particularly those in Tunisia and Egypt, and the Occupy movement in the US and UK demonstrate that nonviolence continues to be a vital feature of many campaigns for democracy, human rights and social justice.
Posted in Political Science

Spiritual and Political Dimensions of Nonviolence and Peace

Author: David Boersema,Katy Gray Brown

Publisher: Rodopi

ISBN: 904202061X

Category: Philosophy

Page: 266

View: 5245

This book is a collection of philosophical papers that explores theoretical and practical aspects and implications of nonviolence as a means of establishing peace. The papers range from spiritual and political dimensions of nonviolence to issues of justice and values and proposals for action and change.
Posted in Philosophy

Judging Nonviolence

The Dispute Between Realists and Idealists

Author: Manfred B. Steger

Publisher: Psychology Press

ISBN: 9780415933971

Category: History

Page: 136

View: 3488

First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Posted in History

The Assault on International Law

Author: Jens David Ohlin

Publisher: Oxford University Press, USA

ISBN: 0199987408

Category: Law

Page: 289

View: 7605

International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture becameofficial government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations. Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In aseries of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. These abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largelyirrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the USshould block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation. In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these "New Realists," in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality.According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature - a result that is not only legally binding butalso in each state's self-interest.
Posted in Law