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Judges, Law and War: The Judicial Development of International Humanitarian Law
by Shane DarcyInternational courts and judicial bodies play a formative role in the development of international humanitarian law. Judges, Law and War examines how judicial bodies have influenced the substantive rules and principles of the law of armed conflict, and studies the creation, application and enforcement of this corpus of laws. Specifically, it considers how international courts have authoritatively addressed the meaning and scope of particular rules, the application of humanitarian law treaties and the customary status of specific norms. Key concepts include armed conflicts and protected persons, guiding principles, fundamental guarantees, means and methods of warfare, enforcement and war crimes. Consideration is also given to the contemporary place of judicial bodies in the international law-making process, the challenges presented by judicial creativity and the role of customary international law in the development of humanitarian law.
Judging 'Privileged' Jews
by Adam BrownThe Nazis' persecution of the Jews during the Holocaust included the creation of prisoner hierarchies that forced victims to cooperate with their persecutors. Many in the camps and ghettos came to hold so-called "privileged" positions, and their behavior has often been judged as self-serving and harmful to fellow inmates. Such controversial figures constitute an intrinsically important, frequently misunderstood, and often taboo aspect of the Holocaust. Drawing on Primo Levi's concept of the "grey zone," this study analyzes the passing of moral judgment on "privileged" Jews as represented by writers, such as Raul Hilberg, and in films, including Claude Lanzmann's Shoah and Steven Spielberg's Schindler's List. Negotiating the problems and potentialities of "representing the unrepresentable," this book engages with issues that are fundamental to present-day attempts to understand the Holocaust and deeply relevant to reflections on human nature.
Judging Bertha Wilson
by Ellen AndersonMadame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples.Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.
Judging Economic Policy: Selected Writings Of Gottfried Haberler
by Richard J SweeneyIn this engaging volume, the editors present the influential work of economist Gottfried Haberler, whom Paul Samuelson judges qualified for about two-and-a-half Nobel prizes in economics. Throughout the book, Haberlers essays reveal the clarity of his analyses and his ability to identify crucial policy choices, whether grappling with issues of inflation, unemployment, trade, or development. Presenting Haberler as the eclectic economist he is, the editors show that far from being an ideologue, Haberler is an economist who uses whatever approaches and theories are appropriate for the problems he considers. Paul Samuelson judges that Gottfried Haberlers work should qualify him for about two-and-a-half Nobel Prizes in economicsone for his quantum improvement in trade theory beyond Ricardos paradigm of labors comparative advantage, one for his definitive synthesis of business cycle theory, and beyond these his policy wisdom over a period of six decades. It is Haberlers policy wisdom that serves as the basis for this comprehensive collection of the eminent economists work.Throughout the book, Haberlers contributions demonstrate the clarity of his analyses for exploring the complex economics of policy issues and for identifying key governmental responses to problems of unemployment, trade, and development. Presenting Haberler as the eclectic economist he is, the editors show that far from being an ideologue, Haberler is an economist who uses whatever approaches and theories are appropriate for the problems he considers. The portrait that emerges is one of a multifaceted thinker, able to choose freely among competing theories and to effectively apply them to complex and demanding policy issues.
Judging Maria de Macedo: A Female Visionary and the Inquisition in Early Modern Portugal
by Bryan GivensOn February 20, 1665, the Inquisition of Lisbon arrested Maria de Macedo, the wife of a midlevel official of the Portuguese Treasury, after she revealed during a deposition that, since she was ten years old, an enchanted Moor had frequently "taken" her to a magical castle in the legendary land of wonders known as the Hidden Isle. The island paradise was also the home of Sebastian, the former king of Portugal (1557--1578), who had died in battle in Morocco while on crusade in 1578. His body remained undiscovered, however, and many people in seventeenth-century Portugal -- including Maria -- eagerly awaited his return in glory. In Judging Maria de Macedo, Bryan Givens offers a microhistorical examination of Maria's trial before the Inquisition in Lisbon in 1665--1666, providing an intriguing glimpse into Portuguese culture at the time.Maria's trial record includes a unique piece of evidence: a pamphlet she dictated to her husband fifteen years before her arrest. In the pamphlet, reproduced in its entirety in the book, Maria recounts in considerable detail her "journeys" to the Hidden Isle and her discussions with the people there, King Sebastian in particular. Not all of the components of Maria's vision were messianic in nature or even Christian in origin; her beliefs therefore represent a unique synthesis of disparate cultural elements in play in seventeenth-century Portugal. Because the pamphlet antedates the Inquisition's involvement in Maria's case, it offers a rare example of a non-elite voice preserved without any mediation from an elite institution such as the Inquisition, as is the case with most early modern judicial records. In addition to analyzing Maria de Macedo's vision, Givens also uses the trial record to gain insight into the values, concerns, and motives of the Inquisitors in their judgment of her unusual case. He thus not only examines separately two important subcultures in early modern Portugal, but also analyzes how they interacted with each other.Introducing a unique feminine voice from the early modern period, Judging Maria de Macedo opens a singular window onto seventeenth-century Portuguese culture.
Judging Noa
by Michel StrutinNoa, at sixteen, sets out with the twelve tribes of the Exodus, dreaming of a life of freedom and the Promised Land that her father says will be theirs. When religious fanatics kill her father, Noa and her four sisters are in danger of being sold into bondage. Noa vows to win women's rights of inheritance to protect her sisters and herself. Pleading her case before ever-higher courts, Noa encounters a malicious judge and the dark side of power.?? Gaining strength and complexity as she approaches the highest judge, Noa and her pursuit causes turmoil among the tribes: she is a notorious troublemaker, accused of witchery. And she is heroic. Based on a few biblical verses, the turbulence of Noa's life is set against the sweeping turbulence of the Exodus. In Judging Noa, her quest for justice is a journey that has as much meaning today as it did then.
Judging Nonviolence: The Dispute Between Realists and Idealists
by Manfred B. StegerFirst Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Judging the Macquaries: Injustice and Mercy in Colonial Australia
by John HarrisThe Black Lives Matter movement is bringing the characters of powerful people in colonial times into sharp focus, particularly their attitudes and actions towards slavery and indigenous peoples. Lachlan and Elizabeth Macquarie are among those being scrutinised and reassessed. They arrived at the penal colony of NSW, a remote outpost of the British empire in 1809. The European invaders had barely survived two decades in an alien environment but, for countless millennia, home to its Aboriginal inhabitants. Lachlan was the new governor. Elizabeth, his wife, was his closest friend and fiercest supporter.The colony was an unruly mix of convicts, soldiers and settlers. At the time, Lachlan Macquarie’s leadership was judged by his handling of the convicts. Lachlan and Elizabeth treated the convicts humanely, forgiving them and restoring them to society. His superiors considered him far too lenient, yet to Sydneysiders, as ‘The Father of Australia’, he had gifted them the path to a prosperous future.Today, Lachlan is being judged by his treatment of Aboriginal people. The Macquaries thought they were being kind, yet they ignored the injustice of dispossession. Aboriginal people were British citizens under the protection of British law – a law they were expected to obey. Although known for his humanity, Lachlan had a fatal flaw. When hostilities broke out between Aborigines and settlers on the outskirts of the colony, he took the fateful decision to send in the military. This will never be forgotten, yet his sins were the sins of the empire he tried so hard to serve.Award-winning author and historian John Harris never baulks at handling controversial subjects. In this timely book, he tackles the disputes that marked Lachlan Macquarie’s period as governor and the complex controversies which still surround his actions today.
Judging the Macquaries: Injustice and Mercy in Colonial Australia
by John HarrisThe Black Lives Matter movement is bringing the characters of powerful people in colonial times into sharp focus, particularly their attitudes and actions towards slavery and indigenous peoples. Lachlan and Elizabeth Macquarie are among those being scrutinised and reassessed. They arrived at the penal colony of NSW, a remote outpost of the British empire in 1809. The European invaders had barely survived two decades in an alien environment but, for countless millennia, home to its Aboriginal inhabitants. Lachlan was the new governor. Elizabeth, his wife, was his closest friend and fiercest supporter.The colony was an unruly mix of convicts, soldiers and settlers. At the time, Lachlan Macquarie’s leadership was judged by his handling of the convicts. Lachlan and Elizabeth treated the convicts humanely, forgiving them and restoring them to society. His superiors considered him far too lenient, yet to Sydneysiders, as ‘The Father of Australia’, he had gifted them the path to a prosperous future.Today, Lachlan is being judged by his treatment of Aboriginal people. The Macquaries thought they were being kind, yet they ignored the injustice of dispossession. Aboriginal people were British citizens under the protection of British law – a law they were expected to obey. Although known for his humanity, Lachlan had a fatal flaw. When hostilities broke out between Aborigines and settlers on the outskirts of the colony, he took the fateful decision to send in the military. This will never be forgotten, yet his sins were the sins of the empire he tried so hard to serve.Award-winning author and historian John Harris never baulks at handling controversial subjects. In this timely book, he tackles the disputes that marked Lachlan Macquarie’s period as governor and the complex controversies which still surround his actions today.
Judging the Past: Ethics, History and Memory
by Geoffrey ScarreThis book presents an extended argument for the thesis that people of the present day are not debarred in principle from passing moral judgement on people who lived in former days, notwithstanding the inevitable differences in social and cultural circumstances that separate us. Some philosophers argue that because we can see things only from our own peculiar historical situation, we lack a sufficiently objective vantage point from which to appraise past people and their acts. If they are correct, then the judgements passed by twenty-first-century people must inevitably be biased and irrelevant, grounded on moral standards that would have seemed alien in that 'foreign country' of the past. This book challenges this relativistic position, contending that it seriously underestimates our ability to engage imaginatively with people who, however much their lifestyles may have differed from our own, were our fellow human beings, endowed with the same basic instincts, aversions, desires and aspirations. Taking a stand on a naturalistic theory of human beings, coupled with a Kantian conception of the equal worth of all human members of the Kingdom of Ends, Scarre argues that historical moral judgements can be sensitive to circumstances, fitting and fair, and untainted by anachronism. The discussion ends by examining the implications of this position for the practice of historians and for the ethics of memory and commemoration.
Judgment Before Nuremberg
by Greg DawsonThe story of the forgotten Kharkov trials, which sought justice for the thousands killed in the Ukraine two years prior to the infamous Nuremberg trial When people think of the Holocaust, they think of Auschwitz, Dachau; and when they think of justice for this terrible chapter in history, they think of Nuremberg. Not of Russia or the Ukraine, and certainly not a town called Kharkov. But in reality, the first war-crimes trial against the Nazis was in this idyllic, peaceful Ukrainian city, which is fitting, because it is also where the Holocaust actually began. Revealing a lost chapter in Holocaust historiography, Judgment Before Nuremberg tells the story of Dawson'sjourney to this place, to the scene of the crime, and the discovery of the trial which began the tortuous process of avenging the murder of his grandparents, great-grandparents, and tens of thousands of fellow Ukrainians consumed at the dawn of the Shoah, a moment and crime now largely cloaked in darkness. Eighteen months before the end of World War II--two full years before the opening statement by the prosecution at Nuremberg--three Nazi officers and a Ukrainian collaborator were tried and convicted of war crimes and hung in Kharkov's public square. The trial is symbolic of the larger omission of Ukraine from the popular history of the Holocaust--another deep irony as most of the first of the six million perished in Ukraine long before Hitler and his lieutenants even decided on the formalities of the Final Solution.http://edition.cnn.com/2012/05/12/us/georgia-holocaust-survivor/index.html?hpt=hp_t3
Judgment Before Nuremberg: The Holocaust In The Ukraine And The First Nazi War Crimes Trial
by Greg DawsonFrom the author of Hiding in the Spotlight, the story of the Kharkov trials, forgotten by history, which sought justice for the thousands killed the Ukraine, a place also overlooked in the annals of the Holocaust When one thinks of the Holocaust, we think of Auschwitz, Dachau; and when we think of justice for this terrible chapter in history, we think of Nuremberg. Not of Russia or the Ukraine, and certainly not of a city called Kharkov. But in reality, the first war-crimes trial against the Nazis was in this idyllic, peaceful Ukrainian city, which is fitting, because it is also where the Holocaust actually began.Eighteen months before the end of World War II--two full years before the opening statement by the prosecution at Nuremberg--three Nazi officers and a Ukrainian collaborator were tried and convicted of war crimes and hanged in Kharkov's public square. The trial is symbolic of the larger omission of the Ukraine from the popular history of the Holocaust--another deep irony, as most of the first of the six million perished in the Ukraine long before Hitler and his lieutenant seven decided on the formalities of the Final Solution.
Judgment Day: Judgment Day (A Town Called Fury #3)
by William W. Johnstone J.A. JohnstoneA pioneer town and the son of its namesake fight for survival amidst draught, dust storms, and deadly attacks from Apaches in this Western adventure.It began with a handful of bedraggled pioneer survivors. It took root because of the courage of one young man. In William W. Johnstone's new blockbuster Western series, a town called Fury rises up in the midst of a hostile Arizona Territory—and lives every day as if it were its last . . .Between newcomers and original settlers, the few hundred people who inhabit Fury, Arizona, know about survival. After all, if man or nature had their way, the godforsaken Fury would be yet one more ghost town. But Jason Fury, whose father's name graces the town, can see that this ramshackle place called home is now facing its darkest day: Crippled by a draught, devastated by an unrelenting, blood-red dust storm, Fury is also under attack by Apaches who can smell the settlers' blood and fear. For some people in Fury, it's time to cut and run. For Jason Fury, it's time to find a few good men—and women—to a fight a battle like no other before . . .
Judgment Days: Lyndon Baines Johnson, Martin Luther King, Jr., and the Laws That Changed America (NONE)
by Nick KotzOpposites in almost every way, mortally suspicious of each other at first, Lyndon Baines Johnson and Martin Luther King, Jr., were thrust together in the aftermath of John F. Kennedy's assassination. Both men sensed a historic opportunity and began a delicate dance of accommodation that moved them, and the entire nation, toward the historic Civil Rights Act of 1964 and the Voting Rights Act of 1965. Drawing on a wealth of newly available sources -- Johnson's taped telephone conversations, voluminous FBI wiretap logs, previously secret communications between the FBI and the president -- Nick Kotz gives us a dramatic narrative, rich in dialogue, that presents this momentous period with thrilling immediacy. Judgment Days offers needed perspective on a presidency too often linked solely to the tragedy of Vietnam. We watch Johnson applying the arm-twisting tactics that made him a legend in the Senate, and we follow King as he keeps the pressure on in the South through protest and passive resistance. King's pragmatism and strategic leadership and Johnson's deeply held commitment to a just society shaped the character of their alliance. Kotz traces the inexorable convergence of their paths to an intense joint effort that made civil rights a legislative reality at last, despite FBI director J. Edgar Hoover's vicious whispering campaign to destroy King. Judgment Days also reveals how this spirit of teamwork disintegrated. The two leaders parted bitterly over King's opposition to the Vietnam War. In this first full account of the working relationship between Johnson and King, Kotz offers a detailed, surprising account that significantly enriches our understanding of both men and their time.
Judgment Unto Truth: Witnessing the Armenian Genocide
by Hugh DaunceyThis dramatic personal narrative is a unique contribution to understanding past and current events in the Near East. These memoirs of an American Protestant clergyman reveal little known aspects of major events in Asia Minor in the early twentieth century, give valuable insights to their background, and describe pivotal interrelationships with the western world. Those perceptions are woven into the story of the author's protracted genocidal experiences. Dispassionately rendered, Judgment Unto Truth is a call for truth and justice.In the Hamidian massacres of 1895. Jernazian, a five-year orphan, loses two brothers. When all the Armenian Protestant clergy of Cilicia are killed in the Young Turks' "Adana massacre" of 1909, Jernazian answers the call to replenish the vacant pulpits. In 1915, when the "final solution to the Armenian question" is in progress, the author, an interpreter of the Turkish government, is in a unique position to observe the genocidal process. Afterwards, he and his new bride work to rehabilitate destitute survivors. He serves as liaison and advisor during the British and French occupations (1919-21). And during the Kemalist revolution (1921-23), Jernazian loses his remaining family and nearly his own life. Only through a miraculous escape after twenty-one months in a Turkish prison is he reunited with his wife, her mother, a daughter, and a son born three months after his arrest.An unusual blend of religious idealism and pragmatic politics, his memoirs provide a singular emotional experience. As Vahakn Dadrian observes in his Introduction, "This volume is a unique document of historical significanceaThe author presents comments and interpretations which portray him as an acute observer of intricate events." The book will appeal to historians of the period, educators, and professionals with an interest in the use and abuse of state power, and specialists interested in human behavior in extreme conditions.
Judgment and Mercy: The Turbulent Life and Times of the Judge Who Condemned the Rosenbergs
by Martin J. SiegelIn Judgment and Mercy, Martin J. Siegel offers an insightful and compelling biography of Irving Robert Kaufman, the judge infamous for condemning Julius and Ethel Rosenberg to death for atomic espionage.In 1951, world attention fixed on Kaufman's courtroom as its ambitious young occupant stridently blamed the Rosenbergs for the Korean War. To many, the harsh sentences and their preening author left an enduring stain on American justice. But then the judge from Cold War central casting became something unexpected: one of the most illustrious progressive jurists of his day. Upending the simplistic portrait of Judge Kaufman as a McCarthyite villain, Siegel shows how his pathbreaking decisions desegregated a Northern school for the first time, liberalized the insanity defense, reformed Attica-era prisons, spared John Lennon from politically motivated deportation, expanded free speech, brought foreign torturers to justice, and more. Still, the Rosenberg controversy lingered. Decades later, changing times and revelations of judicial misconduct put Kaufman back under siege. Picketers dogged his footsteps as critics demanded impeachment. And tragedy stalked his family, attributed in part to the long ordeal. Instead of propelling him to the Supreme Court, as Kaufman once hoped, the case haunted him to the end.Absorbingly told, Judgment and Mercy brings to life a complex man by turns tyrannical and warm, paranoid and altruistic, while revealing intramural Jewish battles over assimilation, class, and patriotism. Siegel, who served as Kaufman's last law clerk, traces the evolution of American law and politics in the twentieth century and shows how a judge unable to summon mercy for the Rosenbergs nonetheless helped expand freedom for all.
Judgment at Tokyo: World War II on Trial and the Making of Modern Asia
by Gary J. BassWINNER OF THE ARTHUR ROSS BOOK AWARD FROM THE COUNCIL ON FOREIGN RELATIONS • ACCLAIMED AS ONE OF THE YEAR&’S 10 BEST BOOKS BY THE WASHINGTON POST • 12 ESSENTIAL NONFICTION BOOKS BY THE NEW YORKER • 100 NOTABLE BOOKS BY THE NEW YORK TIMES • BEST BOOKS BY THE ECONOMIST, FOREIGN AFFAIRS, THE TIMES LITERARY SUPPLEMENT, AND AIR MAIL • 10 ESSENTIAL BOOKS BY THE TELEGRAPH • MARK LYNTON HISTORY PRIZE FINALIST • CUNDILL HISTORY PRIZE FINALIST • BAILLIE GIFFORD PRIZE LONGLIST • THE NEW YORK TIMES BOOK REVIEW EDITORS&’ CHOICE • THE OBSERVER AND THE SUNDAY TIMES BOOK OF THE WEEK • DAUNT BOOKS OF THE YEAR • A landmark, magisterial history of the trial of Japan&’s leaders as war criminals—the largely overlooked Asian counterpart to Nuremberg&“Nothing less than a masterpiece. With epic research and mesmerizing narrative power, Judgment at Tokyo has the makings of an instant classic.&”—Evan Osnos, National Book Award–winning author of Age of Ambition: Chasing Fortune, Truth, and Faith in the New ChinaIn the weeks after Japan finally surrendered to the Allies to end World War II, the world turned to the question of how to move on from years of carnage and destruction. For Harry Truman, Douglas MacArthur, Chiang Kai-shek, and their fellow victors, the question of justice seemed clear: Japan&’s militaristic leaders needed to be tried and punished for the surprise attack at Pearl Harbor; shocking atrocities against civilians in China, the Philippines, and elsewhere; and rampant abuses of prisoners of war in notorious incidents such as the Bataan death march. For the Allied powers, the trial was an opportunity to render judgment on their vanquished foes, but also to create a legal framework to prosecute war crimes and prohibit the use of aggressive war, building a more peaceful world under international law and American hegemony. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was victors&’ justice.For more than two years, lawyers for both sides presented their cases before a panel of clashing judges from China, India, the Philippines, and Australia, as well as the United States and European powers. The testimony ran from horrific accounts of brutality and the secret plans to attack Pearl Harbor to the Japanese military&’s threats to subvert the government if it sued for peace. Yet rather than clarity and unanimity, the trial brought complexity, dissents, and divisions that provoke international discord between China, Japan, and Korea to this day. Those courtroom tensions and contradictions could also be seen playing out across Asia as the trial unfolded in the crucial early years of the Cold War, from China&’s descent into civil war to Japan&’s successful postwar democratic elections to India&’s independence and partition.From the author of the acclaimed The Blood Telegram, which was a Pulitzer Prize finalist, this magnificent history is the product of a decade of research and writing. Judgment at Tokyo is a riveting story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the Asian postwar era.
Judgment in Berlin: The True Story of a Plane Hijacking, a Cold War Trial, and the American Judge Who Fought for Justice
by Herbert J. Stern"Suspenseful...moving...equal to any fictional thriller." —San Francisco Chronicle In August 1978, the Iron Curtain still hung heavily across Europe. To escape from oppressive East Berlin, an East German couple, Hans Detlef Alexander Tiede and Ingrid Ruske, hijacked a Polish airliner and diverted it to the American sector of West Berlin. Along with the couple, several passengers spontaneously defected to the West, and were welcomed by US officials. But within hours, Communist officials reminded the West of the anti-hijacking agreements in the Warsaw Pact, and thus the fugitives were arrested by the US State Department. Thirty-four years after World War II, the United States built a court in the middle of West Berlin, the former capital of the Third Reich, in the building that once housed the Luftwaffe, to try the hijacking couple. Former NJ district attorney, now a judge, Herbert J. Stern was appointed the "United States Judge for Berlin." What followed was a trial full of maneuvers and strategies that would put Perry Mason to shame, and answered the question: what is allowed to people seeking freedom? Judgment in Berlin, also a major motion picture starring Martin Sheen and Sean Penn, is unsurpassed as a true-life suspense story, with its vivid accounts of daring escapes, close calls, diplomatic intrigue, and dramatic courtroom confrontations. The original edition won the Freedom Foundation Award, and this updated edition includes a new introduction from author and trial judge Herbert J. Stern.
Judgment in the Victorian Age
by James Gregory Annika Bautz Daniel J.R. GreyThis volume concerns judges, judgment and judgmentalism. It studies the Victorians as judges across a range of important fields, including the legal and aesthetic spheres, and within literature. It examines how various specialist forms of judgment were conceived and operated, and how the propensity to be judgmental was viewed.
Judgment on Nuremberg: American Attitudes toward the Major German War-Crime Trials
by William J. BoschIn this prodigiously researched study, the author concentrates on the reaction to the trials by various segments of the American public largely in terms of the legality of the tribunal, the composition of the court, the justice of the verdicts, and the implications for the future.Originally published 1970.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Judici a una bruixa catalana: La història de l'Anna Boixadors i la persecució de les dones al segle XVII
by Agustí AlcoberroEl llibre definitiu que dona resposta a la veritat sobre el mite de les bruixes. Un format híbrid en què ficció i no ficció se sumen per il·lustrar un episodi singular de la història: la cacera de les bruixes. La frontera entre realitat i mite es desdibuixa; tanmateix, les raons històriques i objectives del postfaci d'Agustí Alcoberro, expert en el tema, ens acosta als motius pels quals les bruixes van aparèixer en l'imaginari col·lectiu. Una història sobre les pors, els prejudicis i la intolerància de les persones davant d'un hipotètic delicte: la diferència.
Judicial Committee and the British North America Act, The
by G P. BrowneThis comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee's interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O'Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O'Connor's criticism is as ill founded as the alternative interpretive scheme he proposed, and that the "three-compartment" view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the "organic statute" argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law.Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee's construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated.This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.
Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity (Routledge-Giappichelli Studies in Law)
by Maria Grazia Rodomonte Ludovica DurstThis book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishment of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe. Nevertheless, this ‘circular movement’ has not failed to reveal contradictions and concerns that are still unresolved over time. With contributions from authors from a range of backgrounds, this work delves into the theme with a variety of approaches and perspectives. It is structured in three main parts, the first exploring the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the ‘European way of life’. The second part examines the ‘lights and shadows’ of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the Court of Justice of the European Union. The third part considers the so-called ‘dialogue between Courts’, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the ‘model’ of multilevel protection of rights. Presenting a wide and comprehensive view of these topics, the book will be of interest to those working in the fields of Constitutional, European and Comparative Public Law, as well as Legal History and Sociology.
Judith Butler and Political Theory: Troubling Politics
by Terrell Carver Samuel A ChambersOver the past twenty-five years the work of Judith Butler has had an extraordinary impact on numerous disciplines and interdisciplinary projects across the humanities and social sciences. This original study is the first to take a thematic approach to Butler as a political thinker. Starting with an explanation of her terms of analysis, Judith Butler and Political Theory develops Butler’s theory of the political through an exploration of her politics of troubling given categories and approaches. By developing concepts such as normative violence and subversion and by elaborating her critique of heteronormativity, this book moves deftly between Butler’s earliest and most famous writings on gender and her more recent interventions in post-9/11 politics. This book, along with its companion volume, Judith Butler's Precarious Politics, marks an intellectual event for political theory, with major implications for feminism, women’s studies, gender studies, cultural studies, lesbian and gay studies, queer theory and anyone with a critical interest in contemporary American ‘great power’ politics.
Judith Butler and Subjectivity: The Possibilities and Limits of the Human
by Parisa ShamsThis book contextualises philosophy by bringing Judith Butler’s critique of identity into dialogue with an analysis of the transgressive self in dramatic literature. The author draws on Butler’s reflections on human agency and subjectivity to offer a fresh perspective for understanding the political and ethical stakes of identity as formed within a complex web of relations with human and non-human others. The book first positions a detailed analysis of Butler’s theory of subject formation within a broader framework of feminist philosophy and then incorporates examples and case studies from dramatic literature to argue that the subject is formed in relation to external forces, yet within its formation lies a space for transgressing the same environments and relations that condition the subject’s existence. By virtue of a fundamental dependency on conditions and relations that bring human beings into existence, they emerge as political and ethical agents capable of resisting the formative forces of power and responding – ethically – to the call of others.