The Perils of Global Legalism

Author: Eric A. Posner

Publisher: University of Chicago Press

ISBN: 0226675920

Category: Political Science

Page: 296

View: 3486

The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.
Posted in Political Science

The Executive Unbound

After the Madisonian Republic

Author: Eric A. Posner,Adrian Vermeule

Publisher: Oxford University Press

ISBN: 9780199831753

Category: Law

Page: 256

View: 7186

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers. But there is nothing in our system of checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority straight through to the Obama presidency. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution.
Posted in Law

The Culture of Judicial Independence

Conceptual Foundations and Practical Challenges

Author: Shimon Shetreet,Christopher Forsyth

Publisher: Martinus Nijhoff Publishers

ISBN: 9004215859

Category: Law

Page: 692

View: 6149

This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
Posted in Law

Beyond Global Crisis

Remedies and Road Maps by Daisaku Ikeda and His Contemporaries

Author: Terrence Edward Paupp

Publisher: Routledge

ISBN: 1351313940

Category: Political Science

Page: 455

View: 6386

In this volume, Terrence Paupp critically describes the various dimensions of today's global crisis. Among other things, this volume analyzes nuclear weapons proliferation climate change, and international lawlessness in the form of wars of aggression. Paupp argues that much human conflict and environmental degradation is the direct consequence of poverty and inequality. Until these issues are addressed, many of the world's problems will remain. Paupp asserts that around the world, peoples and nations are becoming more open to a strategy and culture of peace that evolves through discovering a commonality of interests, the value of mutual cooperation, and the desirability of forging consensus. By using various road maps and remedies supplied by noted Japanese peace activist Daisaku Ikeda and his contemporaries, viable solutions will emerge. In this new endeavor, equipped with some of the proposed solutions and strategies that this book provides, humanity will collectively become engaged in remaking the character of global governance in order to build a global culture of peace.
Posted in Political Science

Last Resort

The Financial Crisis and the Future of Bailouts

Author: Eric A. Posner

Publisher: University of Chicago Press

ISBN: 022642023X

Category: Law

Page: 272

View: 9059

The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG. The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises. Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.
Posted in Law

Selecting Europe's Judges

A Critical Review of the Appointment Procedures to the European Courts

Author: Michal Bobek

Publisher: Oxford University Press, USA

ISBN: 019872778X

Category: EU-länderna

Page: 323

View: 6721

The past decade has witnessed change in the ways judges for the Court of Justice of the European Union and the European Court of Human Rights are selected. The leitmotif has been securing greater professional quality of the judicial candidates, and, for this purpose, both European systems have put in place various advisory panels or selection committees that are called to evaluate the aptitude of the candidates put forward by the national governments. Are these institutional reforms successful in guaranteeing greater quality of the judicial candidates? Do they increase the legitimacy of the European courts? Has the creation of these advisory panels in any way altered the institutional balance, either horizontally within the international organizations, or vertically, between the respective organization and its Member States? Above all, has the spree of 'judicial comitology' as currently practiced a good way for selecting Europe's judges? These and a number of other questions are addressed in this topical volume in a comparative and interdisciplinary prospective. The book is structured into two elements: first, how the operation of the new selection mechanisms is captured and analyzed from different vantage points, and secondly, having mapped the ground, the book critically and comparatively engages with selected common themes, examining the new mechanisms with respect to values and principles such as democracy, judicial independence, transparency, representativeness, and legitimacy.
Posted in EU-länderna

In Whose Name?

A Public Law Theory of International Adjudication

Author: Armin von Bogdandy,Ingo Venzke

Publisher: OUP Oxford

ISBN: 0191026956

Category: Law

Page: 400

View: 6242

The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
Posted in Law

Russian Approaches to International Law

Author: Lauri Mälksoo

Publisher: OUP Oxford

ISBN: 019103469X

Category: Law

Page: 290

View: 9485

This book addresses a simple question: how do Russians understand international law? Is it the same understanding as in the West or is it in some ways different and if so, why? It answers these questions by drawing on from three different yet closely interconnected perspectives: history, theory, and recent state practice. The work uses comparative international law as starting point and argues that in order to understand post-Soviet Russia's state and scholarly approaches to international law, one should take into account the history of ideas in Russia. To an extent, Russian understandings of international law differ from what is considered the mainstream in the West. One specific feature of this book is that it goes inside the language of international law as it is spoken and discussed in post-Soviet Russia, especially the scholarly literature in the Russian language, and relates this literature to the history of international law as discipline in Russia. Recent state practice such as the annexation of Crimea in 2014, Russia's record in the UN Security Council, the jurisprudence of the European Court of Human Rights, prominent cases in investor-state arbitration, and the creation of the Eurasian Economic Union are laid out and discussed in the context of increasingly popular 'civilizational' ideas, the claim that Russia is a unique civilization and therefore not part of the West. The implications of this claim for the future of international law, its universality, and regionalism are discussed.
Posted in Law

Law and Happiness

Author: Eric A. Posner,Cass R. Sunstein

Publisher: University of Chicago Press

ISBN: 0226676021

Category: Law

Page: 368

View: 1354

Since the earliest days of philosophy, thinkers have debated the meaning of the term happiness and the nature of the good life. But it is only in recent years that the study of happiness—or “hedonics”—has developed into a formal field of inquiry, cutting across a broad range of disciplines and offering insights into a variety of crucial questions of law and public policy. Law and Happinessbrings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more. The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Posted in Law

Die entfesselte Exekutive

Die Krise des liberalen Legalismus. Aus dem Englischen übersetzt von Karl Heinz Siber. Mit einem Geleitwort von Christian Lammert und einer Einführung von Ellen Kennedy

Author: Eric A. Posner,Adrian Vermeule

Publisher: N.A

ISBN: 9783428138500

Category:

Page: 287

View: 2013

Posted in

Starship Troopers

der Roman zum Film von Paul Verhoeven

Author: Robert A. Heinlein

Publisher: N.A

ISBN: 9783404141593

Category: Science fiction

Page: 334

View: 1822

Die Menschheit befindet sich ein einem unerbittlichen Krieg mit den Bugs, Insektenwesen aus den Tiefen des Weltalls, einem Krieg, der alle Lebensbereiche durchdringt. Die Bürgerrechte werden auf der Erde nur jenem zugesprochen, der seinen Militärdienst geleistet hat. Auch die Soldaten an Bord der Rodger Young müssen in den Kampf zeihen. Sie sind Starship Troopers, die Infanteristen in diesem galaktischen Konflikt, und sie trifft der Schrecken, die Einsamkeit und die Angst am härtesten ... 1959 erhielt Robert Heinlein für diesen Roman den Hugo Award, einen der international bedeutendsten Preise der Science Fiction. Seit seinem Erscheinen löst er immer wieder heftige Diskussionen aus. Eines ist jedoch sicher: Er ist einer der spannendsten Romane des Autors und zählt zu seinen Schlüsselwerken. Aufwendig fürs Kino verfilmt wurde das Buch Ende der 90er Jahre von Paul Verhoeven.
Posted in Science fiction

Gespräche

Author: Confucius

Publisher: N.A

ISBN: N.A

Category: Ethics

Page: 255

View: 634

Posted in Ethics

European Foreign Policy

Legal and Political Perspectives

Author: Panos Koutrakos

Publisher: Edward Elgar Publishing

ISBN: N.A

Category: Political Science

Page: 298

View: 9497

Written by leading experts, this book focuses on central issues of the foreign policy of the European Union. The issues explored include: * how the EU's judges understand its relationship with the international order; * the coherence of the Union's external action;* the EU's approach to its neighbours; * the Common Security and Defence Policy; and, * the EU's participation in international organisations. By addressing each topic from a legal, political science and international relations standpoint, this relevant book highlights the different perspectives that these disciplines bring to the central issues of the EU's foreign affairs, and starts a conversation between the respective communities. Scholars and students in European and international law, politics, and international relations will find this book insightful. It will also prove timely for policy-makers in the EU and international organisations, as well as think tanks and non-governmental organisations specialising in European affairs.
Posted in Political Science

Das Globalisierungs-Paradox

die Demokratie und die Zukunft der Weltwirtschaft

Author: Dani Rodrik

Publisher: C.H.Beck

ISBN: 9783406613517

Category:

Page: 415

View: 1807

Ein Plädoyer gegen Hyperglobalisierung und für eine gewisse demokratische Renationalisierung der Wirtschaftspolitik.
Posted in

Minnesota Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 5034

Posted in Law

The British National Bibliography

Author: Arthur James Wells

Publisher: N.A

ISBN: N.A

Category: English literature

Page: N.A

View: 2539

Posted in English literature

Gerechtigkeit für Igel

Author: Ronald Dworkin

Publisher: Suhrkamp Verlag

ISBN: 3518780204

Category: Philosophy

Page: 813

View: 6907

»Der Fuchs weiß viele Dinge, aber der Igel weiß eine große Sache.« Der griechische Dichter Archilochos hat diesen Satz formuliert, Isaiah Berlin hat ihn mit seinem Tolstoi-Essay berühmt gemacht. Aber was ist diese »eine große Sache«? Ronald Dworkin liefert eine Antwort: Es sind Werte in all ihren Erscheinungsformen. Wenn wir verstehen wollen, was Wahrheit und Schönheit sind, was dem Leben Sinn verleiht, was die Moral fordert und die Gerechtigkeit verlangt, so müssen wir der Spur jener moralischen Einstellungen nachgehen, die menschliches Denken, Fühlen und Handeln durchdringen und zu einer Einheit formen. »Gerechtigkeit für Igel« ist eines jener Bücher, wie es sie in Zeiten der Füchse – der Spezialisten und Skeptiker – immer seltener gibt: eines, das aus einem einzigen Prinzip eine ganze Welt erklären und zugleich Orientierung geben möchte.
Posted in Philosophy