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Book Revival  Legitimacy Deficit in Custom  Towards a Deconstructionist Theory  2001

Download or read book Revival Legitimacy Deficit in Custom Towards a Deconstructionist Theory 2001 written by Ben Chiagra and published by Routledge. This book was released on 2017-07-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. A discussion of customary international law (CIL). Throughout the study particular values are examined for their potential effect on the legitimacy of the process of custom. The writer argues that, in order to achieve legitimacy enhancing transparency in the process of custom, it must be acknowledged first that the power applied by international tribunals when they inaugurate new norms of customary international law always creates categories of "dominance" and "subservience", "inclusion" and "exclusion". Such an acknowledgement would foster a situation where both the power applied by tribunals and the manner in which it is applied, can legally be scrutinized for excesses that limit first the transparency of the process of custom, and second the legitimacy of norms of customary international law.

Book Legitimacy Deficit in Custom

    Book Details:
  • Author : Ben Chiagra
  • Publisher : Routledge
  • Release : 2019-01-29
  • ISBN : 9781138717428
  • Pages : 386 pages

Download or read book Legitimacy Deficit in Custom written by Ben Chiagra and published by Routledge. This book was released on 2019-01-29 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Treaties and Declarations -- List of Cases and Incidents -- List of Abbreviations -- Introduction -- 1 Juridification of Custom -- Introduction -- Etymology of Custom -- Custom as a Law-creating Mechanism -- Unpacking Custom's Content -- On the Material Elements of Custom -- Publicists on Custom -- The ILA Committee on Formation of General International Law -- Customary International Law and Obligation -- Conclusion -- 2 International Organisation and Custom: From 1920 to Contemporary Perspectives -- Introduction -- Sovereignty's Temporal Fortunes -- Attribution to the United Nations of Sovereign-like Competencies -- International Human Rights and Custom -- Conclusion -- 3 Legitimacy Deficit in Article 38(1)(b)'s Jurisprudence -- Introduction -- Legitimacy -- Conclusion -- 4 Deconstructionism, Normative Theory and Custom -- Introduction -- Deconstruction -- Customary International Law and Deconstructionist Critique -- Conclusion -- 5 Inauguration of New Norms of Customary Law in the Corfu Channel Case -- Introduction -- The ICJ Inaugurates Customary International Law in the Corfu Channel Case -- The ICJ Premises Custom on Violent Hierarchical Oppositions -- The Corfu Channel Case's Contribution to Understanding of Custom -- Conclusion -- 6 Custom and State Objection to Nascent Norms of Customary Law -- Introduction -- The ICJ Identifies Rules of Customary International Law on the Delimitation of Fisheries Zones -- The Persistent Objector in the Process of Custom -- Conclusion -- 7 Twining Custom with Treaty - North Sea Continental Shelf Cases -- Introduction -- Background -- Positive Law Test of Customary International Law -- Legitimacy Deficit in Custom -- Conclusion -- 8 Conclusions -- Introduction -- Difficulties -- Submissions -- Bibliography

Book Fear of Theory

Download or read book Fear of Theory written by and published by BRILL. This book was released on 2021-11-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In historiography, many interesting theoretical perspectives on biography have emerged in recent years, from forensics to structure and microhistory. Biographers themselves, though, often fear the study of the genre - needlessly, as these eighteen engaging new essays demonstrate.

Book The Revival of Tradition in Indonesian Politics

Download or read book The Revival of Tradition in Indonesian Politics written by Jamie Davidson and published by Routledge. This book was released on 2007-03-12 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indonesian term adat means ‘custom’ or ‘tradition’, and carries connotations of sedate order and harmony. Yet in recent years it has suddenly become associated with activism, protest and violence. This book investigates the revival of adat in Indonesian politics, identifying its origins, the historical factors that have conditioned it and the reasons behind its recent blossoming. It considers whether the adat revival is a constructive contribution to Indonesia’s new political pluralism or a divisive, dangerous and reactionary force, and examines the implications for the development of democracy, human rights, civility and political stability. The Revival of Tradition in Indonesian Politics provides detailed coverage of the growing significance of adat in Indonesian politics. It is an important resource for anyone seeking to understand the contemporary Indonesian political landscape.

Book Critical Theory

    Book Details:
  • Author : Max Horkheimer
  • Publisher : A&C Black
  • Release : 1972-01-01
  • ISBN : 0826400833
  • Pages : 313 pages

Download or read book Critical Theory written by Max Horkheimer and published by A&C Black. This book was released on 1972-01-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays, written in the 1930s and 1940s, represent a first selection in English from the major work of the founder of the famous Institute for Social Research in Frankfurt. Horkheimer's writings are essential to an understanding of the intellectual background of the New Left and the to much current social-philosophical thought, including the work of Herbert Marcuse. Apart from their historical significance and even from their scholarly eminence, these essays contain an immediate relevance only now becoming fully recognized.

Book Community and Autonomy

Download or read book Community and Autonomy written by Fritz W. Scharpf and published by Campus Verlag. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid-1980s, Fritz W Scharpf has been investigating the evolution of the multilevel European polity and its impact on the effectiveness and legitimacy of democratic government in Europe. This title collects Scharpf's nearly two decades of research on government in Europe.

Book Decolonizing Methodologies

Download or read book Decolonizing Methodologies written by Linda Tuhiwai Smith and published by Bloomsbury Publishing. This book was released on 2016-03-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A landmark in the process of decolonizing imperial Western knowledge.' Walter Mignolo, Duke University To the colonized, the term 'research' is conflated with European colonialism; the ways in which academic research has been implicated in the throes of imperialism remains a painful memory. This essential volume explores intersections of imperialism and research - specifically, the ways in which imperialism is embedded in disciplines of knowledge and tradition as 'regimes of truth.' Concepts such as 'discovery' and 'claiming' are discussed and an argument presented that the decolonization of research methods will help to reclaim control over indigenous ways of knowing and being. Now in its eagerly awaited second edition, this bestselling book has been substantially revised, with new case-studies and examples and important additions on new indigenous literature, the role of research in indigenous struggles for social justice, which brings this essential volume urgently up-to-date.

Book Theories of Social Capital

Download or read book Theories of Social Capital written by Ben Fine and published by Pluto Press. This book was released on 2010-03-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the evolution of social capital since his highly acclaimed contribution of 2001 (Social Capital Versus Social Theory), Ben Fine consolidates his position as the world's leading critic of the concept. Fine forcibly demonstrates how social capital has expanded across the social sciences only by degrading the different disciplines and topics that it touches: a McDonaldization of social theory. The rise and fall of social capital at the World Bank is critically explained as is social capital's growing presence in disciplines, such as management studies, and its relative absence in others, such as social history. Writing with a sharp critical edge, Fine not only deconstructs the roller-coaster presence of social capital across the social sciences but also draws out lessons on how (and how not) to do research.

Book Epistemologies of the South

Download or read book Epistemologies of the South written by Boaventura de Sousa Santos and published by Routledge. This book was released on 2015-11-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.

Book Critical Resistance

    Book Details:
  • Author : David Couzens Hoy
  • Publisher : MIT Press
  • Release : 2005-08-12
  • ISBN : 0262582635
  • Pages : 287 pages

Download or read book Critical Resistance written by David Couzens Hoy and published by MIT Press. This book was released on 2005-08-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book serves as both an introduction to the concept of resistance in poststructuralist thought and an original contribution to the continuing philosophical discussion of this topic. How can a body of thought that mistrusts universal principles explain the possibility of critical resistance? Without appeals to abstract norms, how can emancipatory resistance be distinguished from domination? Can there be a poststructuralist ethics? David Hoy explores these crucial questions through lucid readings of Nietzsche, Foucault, Bourdieu, Derrida, and others. He traces the genealogy of resistance from Nietzsche's break with the Cartesian concept of consciousness to Foucault's and Bourdieu's theories of how subjects are formed through embodied social practices. He also considers Levinas, Heidegger, and Derrida on the sources of ethical resistance. Finally, in light of current social theory from Judith Butler to Slavoj Zizek, he challenges "poststructuralism" as a category and suggests the term "post-critique" as a more accurate description of contemporary Continental philosophy. Hoy is a leading American scholar of poststructuralism. Critical Resistance is the only book in English that deals substantively with the topical concept of resistance in relation to poststructuralist thought, discussions of which have dominated Continental social thought for many years.

Book From Apology to Utopia

    Book Details:
  • Author : Martti Koskenniemi
  • Publisher : Cambridge University Press
  • Release : 2006-02-02
  • ISBN : 1139447645
  • Pages : 705 pages

Download or read book From Apology to Utopia written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2006-02-02 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

Book Passion of the Western Mind

Download or read book Passion of the Western Mind written by Richard Tarnas and published by Ballantine Books. This book was released on 2011-10-19 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This] magnificent critical survey, with its inherent respect for both the 'Westt's mainstream high culture' and the 'radically changing world' of the 1990s, offers a new breakthrough for lay and scholarly readers alike....Allows readers to grasp the big picture of Western culture for the first time." SAN FRANCISCO CHRONICLE Here are the great minds of Western civilization and their pivotal ideas, from Plato to Hegel, from Augustine to Nietzsche, from Copernicus to Freud. Richard Tarnas performs the near-miracle of describing profound philosophical concepts simply but without simplifying them. Ten years in the making and already hailed as a classic, THE PASSION OF THE WESERN MIND is truly a complete liberal education in a single volume.

Book Liquid Modernity

    Book Details:
  • Author : Zygmunt Bauman
  • Publisher : John Wiley & Sons
  • Release : 2013-07-10
  • ISBN : 074565701X
  • Pages : 183 pages

Download or read book Liquid Modernity written by Zygmunt Bauman and published by John Wiley & Sons. This book was released on 2013-07-10 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new book, Bauman examines how we have moved away from a 'heavy' and 'solid', hardware-focused modernity to a 'light' and 'liquid', software-based modernity. This passage, he argues, has brought profound change to all aspects of the human condition. The new remoteness and un-reachability of global systemic structure coupled with the unstructured and under-defined, fluid state of the immediate setting of life-politics and human togetherness, call for the rethinking of the concepts and cognitive frames used to narrate human individual experience and their joint history. This book is dedicated to this task. Bauman selects five of the basic concepts which have served to make sense of shared human life - emancipation, individuality, time/space, work and community - and traces their successive incarnations and changes of meaning. Liquid Modernity concludes the analysis undertaken in Bauman's two previous books Globalization: The Human Consequences and In Search of Politics. Together these volumes form a brilliant analysis of the changing conditions of social and political life by one of the most original thinkers writing today.

Book Global Politics

    Book Details:
  • Author : Ben Whitham
  • Publisher : Bloomsbury Publishing
  • Release : 2023-03-31
  • ISBN : 1350328448
  • Pages : 721 pages

Download or read book Global Politics written by Ben Whitham and published by Bloomsbury Publishing. This book was released on 2023-03-31 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: In turbulent global times, your study of this subject is increasingly necessary and urgent. Featuring a new chapter on critical theories, and revised to take a less Eurocentric approach to concepts and case studies, this new edition allows you to tackle global politics' important concepts, debates and problems: -How can theories help us to understand the politics of a global pandemic? -Do we live in a 'post-truth' world of 'fake news' and disinformation? -Does international aid work? -Does the United States remain a global hegemon? -What is the Anthropocene and how does it shape global politics? -Are global politics constrained by a 'North-South' divide? -What are the possible futures of global politics – and the politics of outer space? Delving into topics as diverse as anarchy, intersectionality, Confucianism, and neoconservatism, boxed features give you confidence in political analysis: -Focus on: learn more about the global colour line or the tragedy of the commons -Key figures: discuss the ideas of Hans Morgenthau, Frantz Fanon or bell hooks -Debating: argue whether the United Nations are obsolete, or whether nuclear weapons promote peace -Global politics in action: apply your learning to the migration crisis in Europe or the Arab Spring -Approaches to: consider human rights or the Covid-19 pandemic from the perspective of realist, liberal, postcolonial, Marxist, feminist, constructivist and post-structuralist theory -Global actors: understand the significance of Black Lives Matter, Amnesty International or the International Monetary Fund. Spanning the development of global politics, from the early origins of globalization through to the return of multipolarity in the twenty-first century, this is an essential text for undergraduates studying global politics and international relations.

Book Deconstructing Development Discourse

Download or read book Deconstructing Development Discourse written by Andrea Cornwall and published by Practical Action Pub. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrea Cornwall is Professor of Anthropology and Development in the School of Global Studies at the University of Sussex. --

Book Engaging Contradictions

Download or read book Engaging Contradictions written by Charles R. Hale and published by Univ of California Press. This book was released on 2008-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars in many fields increasingly find themselves caught between the academy, with its demands for rigor and objectivity, and direct engagement in social activism. Some advocate on behalf of the communities they study; others incorporate the knowledge and leadership of their informants directly into the process of knowledge production. What ethical, political, and practical tensions arise in the course of such work? In this wide-ranging and multidisciplinary volume, leading scholar-activists map the terrain on which political engagement and academic rigor meet. Contributors: Ruth Wilson Gilmore, Edmund T. Gordon, Davydd Greenwood, Joy James, Peter Nien-chu Kiang, George Lipsitz, Samuel Martínez, Jennifer Bickham Mendez, Dani Nabudere, Jessica Gordon Nembhard, Jemima Pierre, Laura Pulido, Shannon Speed, Shirley Suet-ling Tang, João Vargas

Book Blindsight

    Book Details:
  • Author : Peter Watts
  • Publisher : Macmillan
  • Release : 2006-10-03
  • ISBN : 1429955198
  • Pages : 388 pages

Download or read book Blindsight written by Peter Watts and published by Macmillan. This book was released on 2006-10-03 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hugo and Shirley Jackson award-winning Peter Watts stands on the cutting edge of hard SF with his acclaimed novel, Blindsight Two months since the stars fell... Two months of silence, while a world held its breath. Now some half-derelict space probe, sparking fitfully past Neptune's orbit, hears a whisper from the edge of the solar system: a faint signal sweeping the cosmos like a lighthouse beam. Whatever's out there isn't talking to us. It's talking to some distant star, perhaps. Or perhaps to something closer, something en route. So who do you send to force introductions with unknown and unknowable alien intellect that doesn't wish to be met? You send a linguist with multiple personalities, her brain surgically partitioned into separate, sentient processing cores. You send a biologist so radically interfaced with machinery that he sees x-rays and tastes ultrasound. You send a pacifist warrior in the faint hope she won't be needed. You send a monster to command them all, an extinct hominid predator once called vampire, recalled from the grave with the voodoo of recombinant genetics and the blood of sociopaths. And you send a synthesist—an informational topologist with half his mind gone—as an interface between here and there. Pray they can be trusted with the fate of a world. They may be more alien than the thing they've been sent to find. At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.