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The Devil's Advocates: Greatest Closing Arguments in Criminal Law
by Michael S. Lief H. Mitchell CaldwellFrom the authors of the acclaimed Ladies and Gentlemen of the Jury, and featuring some of the most important cases in criminal law, The Devil's Advocates is the final volume of a must-have trilogy of the best closing arguments in American legal history. Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to "steal" the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case in the book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.
Litigating the Rights of the Child
by Ton Liefaard Jaap E. DoekThis book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children's rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children's rights.
Board Directors, Financial Derivatives, and Corporate Governance: The Case of Vietnam
by Tran Thi LienThis book gives readers a look inside the boardrooms and directors’ minds—a desirable but highly challenging task for researchers due to the lack of access to top teams in organizations. This book breaks through that barrier with a mixed-methods investigation of boardrooms in the emerging country of Vietnam particularly on the topic of financial derivatives. Directors are the leading players within the corporate governance framework. The general effectiveness of the board depends on their roles, processes and competencies. Given the scandals marring the history of the financial industry, this book aims to tackle the question of whether board directors have the financial acumen required to handle the tricky instruments of financial derivatives through interviews with board directors and analysis of their organizations. Providing a managerial perspective of financial derivatives, this distinguishes itself from more popular financial engineering books and would be a useful read for government officials, board directors, training organizations and scholars, particularly in Vietnam.
Corporate Social Responsibility im Handel: Diskussion und empirische Evidenz des alternativen Betriebstyps Sozialmarkt
by Eva LienbacherHandelsunternehmen prägen und prägten das Wirtschaftsgeschehen und unsere Gesellschaft seit jeher wesentlich. Neben dem vorrangigen Bestreben, Gewinn zu generieren, verfolgen sie oftmals auch soziale Ziele. Der Beitrag dieser Arbeit ist die grundlegende, deskriptive Aufarbeitung der Forschungsströmung CSR im Handel sowie des alternativen Betriebstyps Sozialmarkt, ein Handelsunternehmen, dass die soziale Zielsetzung über die Gewinnorientierung stellt. Darüber hinaus werden generelle Erkenntnisse zu CSR und der CSR-Kommunikation auf den Lebensmitteleinzelhandel übertragen und konkrete Handlungsempfehlungen für die Marketingforschung und -praxis abgeleitet.
Handbuch Humanitäre Hilfe
by Jürgen Lieser Dennis DijkzeulMenschen, die infolge von Gewaltkonflikten oder Naturkatastrophen in eine humanitäre Notlage geraten sind, benötigen Hilfe. Diese ethische Selbstverständlichkeit hat mit der Gründung des Roten Kreuzes vor mehr als 150 Jahren einen institutionellen Rahmen bekommen. Seitdem ist die humanitäre Hilfe, also das organisierte und professionelle Helfen in humanitären Krisen und Katastrophen, stark gewachsen. Humanitäre Organisationen sind fast weltweit aktiv. In der Praxis erweist sich die humanitäre Hilfe als eine große Herausforderung. Hilfsorganisationen stehen unter einem hohen Erwartungs- und Zeitdruck: Sie sollen schnell, effektiv und reibungslos Hilfe zum Überleben leisten. Die Hilfe soll unparteiisch, neutral und nachhaltig sein und sich allein an den Bedürfnissen der betroffenen Menschen orientieren. Staatliche Geber, private Spender und auch die Hilfeempfänger verlangen Rechenschaft über den sinnvollen Einsatz der Hilfsgelder. Seit Jahren nehmen Naturkatastrophen in Zahl und Umfang zu. Gewaltkonflikte entwickeln sich zu chronischen Krisen mit einer Kriegswirtschaft, die es schwieriger macht, die Betroffenen zu unterstützen. Die Helferinnen und Helfer sehen sich konfrontiert mit zunehmend komplexeren Notlagen, divergierenden Geberinteressen, politischer Einflussnahme und konkurrierenden Hilfsangeboten. Sie geraten zwischen die Fronten und werden Opfer von gewaltsamen Übergriffen. Auch Missbrauch und politische Instrumentalisierung kommen vor. Dieses Buch trägt zu einem besseren Verständnis von humanitären Krisen und ihren Folgen bei. Es zeigt, wie sich die humanitäre Hilfe in einem internationalen System entwickelt hat und wie die verschiedenen Akteure ihre Rolle definieren und ausfüllen. Es zeigt auch, wie schwierig es ist, dem hohen ethischen Anspruch an unparteiische und von politischen Interessen unabhängige Hilfe gerecht zu werden. Die Autorinnen und Autoren - Vertreter von Hilfsorganisationen und Wissenschaft - zeigen aus unterschiedlichen Perspektiven auf, wie humanitäre Hilfe zwischen Anspruch und Wirklichkeit versucht, dem weltweit wachsenden Hilfebedarf gerecht zu werden.
Hazardous Child Labour in Latin America
by G. K. LietenIn order to bridge the lack of information on child labour and to stimulate policy interventions the IREWOC Foundation (International Research on Working Children) has undertaken action-based research in the field of the worst forms of child labour in Latin America. In 2006 and 2007 a comparative study on the Worst Forms of Child Labour was carried out in 7 different economic sectors in Bolivia, Guatemala and Peru focussing on the hazardous worst forms. The central research objectives were as follows: * to map the working and living situations of children who are working in specific economic sectors and what the consequences of this work are for their physical and emotional wellbeing. * to investigate the reasons why these children are working in these worst forms sectors. The research results were expected to give important insights into the currently polarised debate between those who state child labour is above all related to cultural considerations and those who state that economic reasons are fundamental to the phenomena of child labour. * to map the existing policy initiatives for child labourers in the worst forms and to identify the best practices. In the face of challenges imposed by achieving the Millennium Development Goals (MDGs) set by the UN, specific attention was paid to educational initiatives. Is education a useful tool in combating child labour, and vice versa, is child labour a significant obstacle to achieving universal primary education? Although the evidence from the various cases discussed in the book illustrate positive trends in terms of the worst forms of child labor, thousands of children were still found to be engaged in activities that form a direct threat to their physical, mental and moral health and jeopardize their education. This book proposes several practical recommendations for possible interventions.
Basic Federal Income Tax (Fourth Edition)
by Gwendolyn Griffith LieuallenThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
The Jewish Law Annual Volume 16 (Jewish Law Annual #10)
by Berachyahu LifshitzVolume 16 of The Jewish Law Annual adds to the growing list of articles on Jewish Law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains seven articles diverse in their scope and focus, encompassing legal, historic, textual, comparitive and conceptual analysis, as well as a chronicle of cases of interest, and a survey of recent literature. Three of the articles, one of which explores references to Genesis in (western) canon law, make up a special section on the book of Genesis. The other topics covered are: suicide as an act of atonement in Jewish law; early interpretations of the Bible and Talmud as reflecting medieval legal realia; Ashkenazic codifiers in Spain; and authority, custom and innovation in the seventeenth-century Italian halakhic encyclopedia, Pahad Yitzhak.
The Jewish Law Annual Volume 17 (Jewish Law Annual)
by Berachyahu LifshitzVolume 17 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1-16 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. The volume contains seven articles diverse in their scope and focus. Two articles are devoted to the halakhic thought of Rabbi A. I Kook; two treat classic legal questions: breach of a promise to marry, and the legal capacity of minors; two examine aspects of the judicial process, one exploring talmudic analyses of the biblical requirement that courts be established in every town, and the other, post-talmudic views on judicial authority in cases suspected of fraudulent claims. Another article addresses the fascinating question of the epistemic-pedagogic worldviews of the rival Tannaitic legal academics, the House of Hillel and the House of Shammai. The volume concludes with a section on Israeli legislation that adduces or is informed by Jewish law, and two reviews of a much-discussed recent book on a topic of considerable contemporary interest: the agunah problem.
The Jewish Law Annual Volume 18 (Jewish Law Annual #18)
by Berachyahu LifshitzVolume 18 of The Jewish Law Annual contains six comprehensive articles on various aspects of Jewish law. Three articles address family law. One addresses the painful issue of the plight of the wife whose husband withholds conjugal relations. In a marriage where relations are withheld, the wife may seek a divorce, while her husband may withhold divorce. Prolonged withholding of divorce renders the wife an agunah, that is, a wife chained to a dead marriage and unable to start anew and rebuild her life. The author explores the halakhic feasibility of allowing a wife in such a predicament to bring a claim for damages against her husband for infliction of mental distress. If such claims are allowed, recalcitrant husbands may rethink their intransigence and consent to grant the divorce. Another article examines the evolution of halakhic thinking on the parent–child relationship. It traces the stages by which halakhic family law changed from a basically patriarchal system in which both mother and the child were deemed subject to the father’s will, to a more balanced system where wife and husband have equal standing with respect to custody matters, and the best interest of the child is the main consideration in custody proceedings. In another article, halakhic attitudes to corporal punishment of children are analyzed. The author explores whether the "Spare the rod and spoil the child" adage, which is based on a verse from Proverbs, indeed reflects the position of Jewish law. He shows that in fact, while recourse to corporal punishment for educational purposes is permitted--subject to detailed qualifications that greatly limit its scope--two divergent approaches to corporal punishment can be discerned in the halakhic sources. One maintains that administration of corporal punishment can be a useful pedagogic tool of last resort, whereas the other seeks to minimize recourse to corporal punishment in the educational context, questioning its efficacy. The article shows that in any event, the notion that corporal punishment is required by the law, as some, invoking the "spare the rod" maxim, have maintained, is by no means borne out by the halakhic literature. The volume also features a fascinating article on the history of two societies founded in London to further the study of Jewish law using modern scholarly methodologies. One society was active at the end of the 1920s and beginning of the 1930s, the second was active a decade later. The article explains the background to the establishment of the societies and analyzes the societies’ objectives, leaders and memberships. Both societies were founded with the intention of reformulating the classic halakhic sources in a manner that would render them suitable for contemporary application in the nascent Jewish state. But as the author shows, ultimately much of their energy was devoted to presenting the said sources to the non-Jewish legal world, for the purpose of reciprocal enrichment and edification. Rounding out the volume are two jurisprudential studies on classic legal problems. The first explores the prohibition against seeking a second legal ruling when a ruling declaring something forbidden has been handed down. What is the scope of this rule, and in what ways does it differ from the res judicata principle in western law? The author shows that both procedural and substantive readings of the prohibition were put forward in the talmudic commentaries, and explains the jurisprudential implications of these different readings. The second article examines the question of the agent who breaches his principal’s trust, focusing on the case of the agent who executes the act he was sent to carry out, but does so for himself, rather than his principal. To what extent is he liable for ensuing damages to the principal, and is his act invariably deemed reprehensible? Another issue is the legal status of the transaction carried out by such an agent. Do the rights and obligations ge
Jewish Law Annual Volume 20 (Jewish Law Annual #20)
by Berachyahu LifshitzVolume 20 of The Jewish Law Annual features six detailed studies. The first three articles consider questions which fall under the rubric of halakhic methodology. The final three articles address substantive questions regarding privacy, cohabitation and medical triage. All three ‘methodological’ articles discuss creative interpretation of legal sources. Two (Cohen and Gilat) consider the positive and forward-thinking aspects of such halakhic creativity. The third (Radzyner) examines tendentious invocation of new halakhic arguments to advance an extraneous interest. Cohen explores positive creativity and surveys the innovative midrashic exegeses of R. Meir Simha Hakohen of Dvinsk, demonstrating his willingness to base rulings intended for implementation on such exegesis. Gilat examines exegetical creativity as to the laws of capital offenses. Midrashic argumentation enables the rabbinical authorities to set aside the literal sense of the harsh biblical laws, and implement more suitable penological policies. On the other hand, Radzyner’s article on tendentious innovation focuses on a situation where novel arguments were advanced in the context of a power struggle, namely, Israeli rabbinical court efforts to preserve jurisdiction. Two articles discuss contemporary dilemmas. Spira & Wainberg consider the hypothetical scenario of triage of an HIV vaccine, analyzing both the talmudic sources for resolving issues related to allocating scarce resources, and recent responsa. Warburg discusses the status of civil marriage and cohabitation vis-à-vis payment of spousal maintenance: can rabbinical courts order such payment? Schreiber’s article addresses the question of whether privacy is a core value in talmudic law: does it indeed uphold a ‘right to privacy,’ as recent scholars have claimed? The volume concludes with a review of Yuval Sinai’s Application of Jewish Law in the Israeli Courts (Hebrew).
The Nazi Doctors: Medical Killing and the Psychology of Genocide
by Robert LiftonIn his most powerful and important book, renowned psychiatrist Robert Jay Lifton presents a brilliant analysis of the crucial role that German doctors played in the Nazi genocide. Now updated with a new preface, The Nazi Doctors remains the definitive work on the Nazi medical atrocities, a chilling exposé of the banality of evil at its epitome, and a sobering reminder of the darkest side of human nature.
Stand Your Ground: A History of America's Love Affair with Lethal Self-Defense
by Caroline LightA history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon MartinAfter 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.
Government by Investigation
by Paul C. LightPaul C. Light examines and evaluates the 100 most significant investigations of policy failures, bureaucratic mistakes, and personal misconduct undertaken by the U.S. federal government between 1945 and 2012. Launched by Congress or the president, sometimes by both at the same time, the investigations at the core of this book were driven by the search for answers about significant breakdowns in government performance. Light reveals which investigations were most effective, and why.
Government by Investigation
by Paul C. LightPaul C. Light examines and evaluates the 100 most significant investigations of policy failures, bureaucratic mistakes, and personal misconduct undertaken by the U.S. federal government between 1945 and 2012. Launched by Congress or the president, sometimes by both at the same time, the investigations at the core of this book were driven by the search for answers about significant breakdowns in government performance. Light reveals which investigations were most effective, and why.stigations provides a deep history and analysis of these investigations, providing rare insight into why some great investigations succeeded, while others failed, and what investigators can do to increase the odds that their work will pay off in improved government performance and more effective public policy.Informed by a deep reading of investigatory histories, numerous interviews with legislators, commission members, and leading scholars, as well as his own experience and original research, Light undertakes his own search for answers to a long list of questions about how each of these investigations performed. Was the investigation visible and well led? Was it serious and thorough? Did it involve a particularly controversial issue or a powerful public figure? Were investigators given enough freedom to pursue their goals? Did they forge the bipartisanship so often associated with what he calls the "good investigation?" And most important, what are the most important drivers of ultimate impact? Light's analysis will inform practitioners and observers of government on what drives impact in the American system.
Food Security, Biological Diversity and Intellectual Property Rights (Intellectual Property, Theory, Culture)
by Muriel LightbourneThis volume advances the claim that the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted in 2001 is the only existing international agreement with the potential to promote food security, conservation of biodiversity and equity. However, for germplasm-rich countries, national interests come into conflict with the global interest. This work shows that the pursuit of national interests is counterproductive when it comes to maintaining genetic resources, food-security and rent-seeking and that optimally, the coverage of the FAO Treaty should be widened to apply to all crops.
Michelle Obama: First Lady of Hope
by Elizabeth LightfootFrom Lady Bird Johnson's highway beautification initiative to Jacqueline Kennedy's White House renovation to Barbara Bush's literacy project - and let's not forget Nancy Reagan's "Just Say No" program - first ladies have captivated and enthralled the voting public for 200 years. Michelle Obama has played an influential role in her husband's campaign, and is certain to do the same during his presidency. Michelle Obama: First Lady of Hope examines, for the first time, her astonishing career - from her undergraduate years at Princeton, where she majored in African Studies, to her studies at Harvard Law School, where she obtained a Juris Doctor degree. This fascinating book will further address her influence on her husband, her role in his presidential campaign, and her political beliefs. Michelle Obama is sure to be one of the most intriguing and influential First Ladies in history. She first met Barack Obama when she was asked to serve as his mentor at a prestigious Chicago law firm. She and Barack were the only African-Americans. The couple married in 1992. She is her husband's closest advisor. A Chicago native, she has attracted much media attention for her candor and frankness. This trait will serve her well in the White House, where no move or statement goes unnoticed.
The Conspiracy against the Human Race: A Contrivance of Horror
by Thomas LigottiIn Thomas Ligotti's first nonfiction outing, an examination of the meaning (or meaninglessness) of life through an insightful, unsparing argument that proves the greatest horrors are not the products of our imagination but instead are found in reality."There is a signature motif discernible in both works of philosophical pessimism and supernatural horror. It may be stated thus: Behind the scenes of life lurks something pernicious that makes a nightmare of our world."His fiction is known to be some of the most terrifying in the genre of supernatural horror, but Thomas Ligotti's first nonfiction book may be even scarier. Drawing on philosophy, literature, neuroscience, and other fields of study, Ligotti takes the penetrating lens of his imagination and turns it on his audience, causing them to grapple with the brutal reality that they are living a meaningless nightmare, and anyone who feels otherwise is simply acting out an optimistic fallacy. At once a guidebook to pessimistic thought and a relentless critique of humanity's employment of self-deception to cope with the pervasive suffering of their existence, The Conspiracy against the Human Race may just convince readers that there is more than a measure of truth in the despairing yet unexpectedly liberating negativity that is widely considered a hallmark of Ligotti's work.
Coercive Brain-Reading in Criminal Justice: An Analysis of European Human Rights Law (Law and the Cognitive Sciences)
by Sjors LigthartEmerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.
Migration Law and the Externalization of Border Controls: European State Responsibility (Routledge Research in EU Law)
by Anna LiguoriOver the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.
Routledge Handbook of the Law of Armed Conflict
by Rain Liivoja Tim McCormackThe law of armed conflict is a key element of the global legal order yet it finds itself in a state of flux created by the changing nature of warfare and the influences of other branches of international law. The Routledge Handbook of the Law of Armed Conflict provides a unique perspective on the field covering all the key aspects of the law as well as identifying developing and often contentious areas of interest. The handbook will feature original pieces by international experts in the field, including academics, staff of relevant NGOs and (former) members of the armed forces. Made up of six parts in order to offer a comprehensive overview of the field, the structure of the handbook is as follows: Part I: Fundamentals Part II: Principle of distinction Part III: Means and methods of warfare Part IV: Special protection regimes Part V: Compliance and enforcement Part VI: Some contemporary issues Throughout the book, attention is paid to non-international conflicts as well as international conflicts with acknowledgement of the differences. The contributors also consider the relationship between the law of armed conflict and human rights law, looking at how the various rules and principles of human rights law interact with specific rules and principles of international humanitarian law in particular circumstances. The Routledge Handbook of the Law of Armed Conflict provides a fresh take on the contemporary laws of war and is written for advanced level students, academics, researchers, NGOs and policy-makers with an interest in the field.
International Law-making: Essays in Honour of Jan Klabbers (Routledge Research in International Law)
by Rain Liivoja Jarna PetmanThis book explores law-making in international affairs and is compiled to celebrate the 50th birthday of Professor Jan Klabbers, a leading international law and international relations scholar who has made significant contributions to the understanding of the sources of international legal obligations and the idea of constitutionalism in international law. Inspired by Professor Klabbers’ wide-ranging interests in international law and his interdisciplinary approach, the book examines law-making through a variety of perspectives and seeks to breaks new ground in exploring what it means to think and write about law and its creation. While examining the substance of international law, these contributors raise more general concerns, such as the relationship between law-making and the application of law, the role and conflict between various institutions, and the characteristics of the formal sources of international law. The book will be of great interest to students and academics of legal theory, international relations, and international law.
Law and Identity in Mandate Palestine
by Assaf LikhovskiOne of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, "Who are we?" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.
Human Rights Struggles in Twentieth-century France: The League of the Rights of Man and Causes Célèbres (Palgrave Studies in the History of Social Movements)
by Max LikinThis book provides an introduction to human rights controversies in twentieth-century France, from the Dreyfus Affair at the beginning of the century, to the arguments over women and immigrants’ rights at its end. Using the Ligue des Droits de L’Homme (LDH) - or the League of the Rights of Man - as a narrative thread for this chronological study, the book tracks the gradual expansion of human rights in France in the wake of the two world wars, the Algerian quagmire and decolonisation more generally. Examining the capital role of the LDH whilst also highlighting the role of individuals and key activists, the book helps us to contextualise the quandaries faced by unseen minorities, particularly colonial subjects and women. The analysis also demonstrates the influence of French human rights activism on key international documents of human rights law, such as the Universal Declaration of Human Rights. The LDH occupies a central place in French justice debates and is therefore an ideal template to analyse the rising influence of humanitarianism and crimes against humanity in French causes célèbres from the 1970s onwards. However, the author goes further to look beyond the LDH and even France itself, offering wide-ranging surveys of dominant rights issues across Europe at any given period. Drawing on extensive research and interviews with key members of the LDH, this book provides an accessible overview of human rights struggles in twentieth-century France.
The Silicon Empire: Law, Culture and Commerce (Law, Justice, And Power Ser.)
by Michael B. LikoskyMichael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans.