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Author: Asif Efrat
Publisher: Oxford University Press
ISBN: 019765889X
Category : Conflict of laws
Languages : en
Pages : 329
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Book Description
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Author: Asif Efrat
Publisher: Oxford University Press
ISBN: 019765889X
Category : Conflict of laws
Languages : en
Pages : 329
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Book Description
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Author: McGhee, Derek
Publisher: McGraw-Hill Education (UK)
ISBN: 0335216749
Category : Social Science
Languages : en
Pages : 246
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Book Description
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Author: Roger Kennedy
Publisher: Routledge
ISBN: 0429779097
Category : Philosophy
Languages : en
Pages : 156
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Book Description
In this interdisciplinary and wide-ranging study, Roger Kennedy looks at the roots of tolerance and intolerance as well as the role of the stranger and strangeness in provoking basic fears about our identity. He argues that a fear of a loss of attachment to one’s home might account for many prejudiced and intolerant attitudes to refugees and migrants; that basic fears about being displaced by so-called ‘strangers’ from our precious and precarious sense of a psychic home can tear communities apart, as well as lead to discrimination against those who appear to be different. Present day intolerance includes fears about the ‘hordes’ of immigrants confused with realistic fears about terrorist attacks, populist fears about loss of cultural integrity and with it a sense of powerlessness, and fearful debates about such basics as truth, including the so-called ‘post truth’ issue. Such fears, as explored in the book, mirror old arguments going back centuries to the early enlightenment thinkers and even before, when the parameters of discussion about tolerance were mainly around religious tolerance. There is urgency about addressing these kinds of issue once more at a time when the ‘ground rules’ of what makes for a civilized society seem to be under threat. Kennedy argues that society needs a ‘tolerance process’, in which critical thinking and respectful judgment can take place in an atmosphere of debate and reasonably open communication, when issues around what can and cannot be tolerated about different beliefs, practices and attitudes in people in our own and other cultures, are examined and debated. Tolerating Strangers in Intolerant Times, with the help of psychoanalytic, literary, social and political thinking, looks at what such a tolerance process could look like in a world increasingly prone to intolerance and prejudice. It will appeal to psychoanalysts as well as scholars of politics and philosophy.
Author: Shmuel Lock
Publisher: Praeger
ISBN: 0275964329
Category : Law
Languages : en
Pages : 0
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Book Description
Two original national surveys were conducted to examine the differences between mass and elite opinion regarding the policy making decisions of the Supreme Court in the area of criminal procedure. The results of the surveys indicate that those who have obtained a legal education are generally more protective of civil libertarian ideals. However, at times, when the Supreme Court has decided against what would be considered the civil libertarian alternative, lawyers are actually less civil libertarian than the rest of the mass public. Among the mass public, knowledge and education did not play as prominent a role in shaping opinions as did demographic variables. The survey results indicate that divergent opinions regarding the root causes of crime account for the differences in opinion regarding police methods in apprehending potential defendants. Most surprising, and most significant, is that contrary to reports in the mass media, the mass public is relatively protective of civil liberties. Professor Lock then proposes approaches whereby the courts and the legal profession can work to develop an even more supportive mass public. A study of particular importance to students, scholars, and public policy makers in the areas of constitutional and criminal law and public opinion.
Author: Yossi Nehushtan
Publisher: Bloomsbury Publishing
ISBN: 1782259503
Category : Law
Languages : en
Pages : 208
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Book Description
This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated – mainly by addressing legal issues. The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.
Author: Xandra Kramer
Publisher: Edward Elgar Publishing
ISBN: 1800375530
Category : Law
Languages : en
Pages : 409
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Book Description
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Author: G.R. Reddy
Publisher: APH Publishing
ISBN: 9788131301999
Category : Corruption
Languages : en
Pages : 360
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Book Description
Author: Peter Squires
Publisher: Routledge
ISBN: 1134043260
Category : Social Science
Languages : en
Pages : 248
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Book Description
Anti-social behaviour has become a major political preoccupation of government and combating it is now a major plank of criminal justice policy. Yet anti-social behaviour as a concept has been little studied, and the notion has often been accepted uncritically. This book aims to meet this need, providing a critique of the government's use of the concept of anti-social behaviour and of youth justice strategy more generally. Rougher Justice foregrounds the perspectives and experiences of young people themselves. It draws upon recent developments within the field of cultural criminology to provide an alternative interpretation of the construction of 'youthful criminal careers'. It is underpinned by research in three separate areas which focus on the new youth justice, youthful criminal careers, and anti-social behaviour and acceptable behaviour enforcement. Central to the book is an ambition to understand youthful delinquency from the inside and to recover what is lost in much of New Labour's youth justice strategy --and the methods adopted by the Youth Justice Board to evaluate this strategy, that is to say a situated and interpretive understanding of youthful delinquency drawn from the perspective of and in the voices of young people themselves.
Author: Nina-Louisa Arold Lorenz
Publisher: Martinus Nijhoff Publishers
ISBN: 9004258442
Category : Law
Languages : en
Pages : 309
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Book Description
The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.
Author: Lucia M. Rafanelli
Publisher: Oxford University Press
ISBN: 019756884X
Category : Political Science
Languages : en
Pages : 281
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Book Description
"This book develops a theory of the ethics of "reform intervention"-a category that includes any attempt to promote justice in a society other than one's own. It identifies several dimensions along which reform interventions can vary (the degree of control interveners exercise over recipients, the urgency of interveners' objectives, the costs an intervention poses to recipients, and how interveners interact with recipients' existing political institutions) and examines how these variations affect the moral permissibility of reform intervention. The book argues that, once one acknowledges the variety of forms reform intervention can take, it becomes clear that not all of them are vulnerable to the objections usually levelled against intervention. In particular, not all reform interventions treat recipients with intolerance, disrespect recipients' legitimate institutions, or undermine recipients' collective self-determination. Combining philosophical analysis and discussion of several real-world cases, the book investigates which kinds of reform intervention are or are not vulnerable to these objections. In so doing, it also develops new understandings of the roles toleration, legitimacy, and collective self-determination should play in global politics. After developing principles to specify when different kinds of reform interventions are morally permissible, the book investigates how these principles could be applied in the real world. Ultimately, it argues that some reform interventions are all-things-considered morally permissible and that sometimes reform intervention is morally required. It argues we should reconceive the ordinary boundaries of political activity and begin to see the pursuit of justice via political contestation as humanity's collective project"--
