Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018-02-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.
Download or read book Legal Sabotage written by Douglas G. Morris and published by Cambridge University Press. This book was released on 2020-08-27 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
Download or read book The Law of Blood written by Johann Chapoutot and published by Harvard University Press. This book was released on 2018-04-02 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scale and the depth of Nazi brutality seem to defy understanding. What could drive people to fight, kill, and destroy with such ruthless ambition? Observers and historians have offered countless explanations since the 1930s. According to Johann Chapoutot, we need to understand better how the Nazis explained it themselves. We need a clearer view, in particular, of how they were steeped in and spread the idea that history gave them no choice: it was either kill or die. Chapoutot, one of France’s leading historians, spent years immersing himself in the texts and images that reflected and shaped the mental world of Nazi ideologues, and that the Nazis disseminated to the German public. The party had no official ur-text of ideology, values, and history. But a clear narrative emerges from the myriad works of intellectuals, apparatchiks, journalists, and movie-makers that Chapoutot explores. The story went like this: In the ancient world, the Nordic-German race lived in harmony with the laws of nature. But since Late Antiquity, corrupt foreign norms and values—Jewish values in particular—had alienated Germany from itself and from all that was natural. The time had come, under the Nazis, to return to the fundamental law of blood. Germany must fight, conquer, and procreate, or perish. History did not concern itself with right and wrong, only brute necessity. A remarkable work of scholarship and insight, The Law of Blood recreates the chilling ideas and outlook that would cost millions their lives.
Download or read book Law in West German Democracy written by Hugh Ridley and published by BRILL. This book was released on 2019-10-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their time these important court cases influenced the development of a democratic legal system in a country struggling to overcome Hitler’s legacy. Today they cast a unique light on seventy years of West German social and political history.
Download or read book Policing Sexuality written by Jessica R. Pliley and published by Harvard University Press. This book was released on 2014-11-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jessica Pliley links the crusade against sex trafficking to the FBI’s growth into a formidable law agency that cooperated with states and municipalities in pursuit of offenders. The Bureau intervened in squabbles on behalf of men intent on monitoring their wives and daughters and imprisoned prostitutes while seldom prosecuting their male clients.
Download or read book The Legacies of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2008-10-13 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Download or read book A History of Law in Canada Vol 1 written by Philip Girard and published by University of Toronto Press. This book was released on 2018-01-01 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Download or read book The Justice Facade written by Alexander Laban Hinton and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: For survivors of the brutal Khmer Rouge Regime, western instruments of justice are small plasters on deep wounds. In Hinton's account of the subsequent international tribunal, only traditional ceremony, ritual, and unmediated dialogue can provide true healing.
Download or read book Emotional Choices written by Robin Markwica and published by Oxford University Press. This book was released on 2018-03-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do states often refuse to yield to military threats from a more powerful actor, such as the United States? Why do they frequently prefer war to compliance? International Relations scholars generally employ the rational choice logic of consequences or the constructivist logic of appropriateness to explain this puzzling behavior. Max Weber, however, suggested a third logic of choice in his magnum opus Economy and Society: human decision making can also be motivated by emotions. Drawing on Weber and more recent scholarship in sociology and psychology, Robin Markwica introduces the logic of affect, or emotional choice theory, into the field of International Relations. The logic of affect posits that actors' behavior is shaped by the dynamic interplay among their norms, identities, and five key emotions: fear, anger, hope, pride, and humiliation. Markwica puts forward a series of propositions that specify the affective conditions under which leaders are likely to accept or reject a coercer's demands. To infer emotions and to examine their influence on decision making, he develops a methodological strategy combining sentiment analysis and an interpretive form of process tracing. He then applies the logic of affect to Nikita Khrushchev's behavior during the Cuban missile crisis in 1962 and Saddam Hussein's decision making in the Gulf conflict in 1990-1 offering a novel explanation for why U.S. coercive diplomacy succeeded in one case but not in the other.
Download or read book The Global Chancellor written by Kristina Spohr and published by Oxford University Press. This book was released on 2016 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helmut Schmidt led West Germany from 1974 to 1982 amid a world economic crisis and one of the frostiest phases of the Cold War. At home in both security and economics, Schmidt became the supreme 'strategist of balance' and earned the nickname of 'world economist'. It was during his chancellorship that West Germany came of age on the global stage.
Download or read book Hitler s American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Download or read book Imprisoned by the Past written by Jeffrey L. Kirchmeier and published by Oxford University Press, USA. This book was released on 2015 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Imprisoned by the Past' recounts the history of the American death penalty and connects that history to the case of Warren McCleskey. By highlighting the relation between American history and an individual case it provides a unique understanding of the big picture of capital punishment in the context of a compelling human story.
Download or read book Legacy of Blood written by Elissa Bemporad and published by Oxford University Press, USA. This book was released on 2019 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pogroms and blood libels constitute the two classical and most extreme manifestations of tsarist antisemitism. They were often closely intertwined in history and memory, not least because the accusation of blood libel, the allegation that Jews murder Christian children to use their blood for ritual purposes, frequently triggered anti-Jewish violence. Such events were and are considered central to the Jewish experience in late tsarist Russia, the only country on earth with large scale anti-Jewish violence in the early twentieth century. Boasting its break from the tsarist period, the Soviet regime proudly claimed to have eradicated these forms of antisemitism. But, alas, life was much more complicated. The phenomenon and the memory of pogroms and blood libels in different areas of interwar Soviet Union-including Ukraine, Belorussia, Russia and Central Asia-as well as, after World War II, in the newly annexed territories of Lithuania, Western Ukraine and Western Belorussia are a reminder of continuities in the midst of revolutionary ruptures. The persistence, the permutation, and the responses to anti-Jewish violence and memories of violence suggest that Soviet Jews (and non-Jews alike) cohabited with a legacy of blood that did not vanish. This book traces the "afterlife" of these extreme manifestations of antisemitism in the USSR, and in doing so sheds light on the broader question of the changing position of Jews in Soviet society. One notable rupture in manifestations of antisemitism from tsarist to Soviet times included the virtual disappearance-at least during the interwar period-of the tight link between pogroms and blood allegations, indeed a common feature in the waves of anti-Jewish violence that erupted during the late nineteenth and early twentieth centuries." --
Download or read book Shari a Inshallah written by Mark Fathi Massoud and published by Cambridge University Press. This book was released on 2021-05-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shari'a, Inshallah shows how people have used shari'a to struggle for peace, justice, and human rights in Somalia and Somaliland.
