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Author: David Traven
Publisher: Cambridge University Press
ISBN: 1108845002
Category : Law
Languages : en
Pages : 327
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Book Description
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
Author: David Traven
Publisher: Cambridge University Press
ISBN: 1108845002
Category : Law
Languages : en
Pages : 327
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Book Description
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
Author: Jeffrey T. Martin
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186
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Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.
Author: Gerry Simpson
Publisher: Oxford University Press
ISBN: 0192849794
Category : Law
Languages : en
Pages : 241
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Book Description
The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times.
Author: Jonas Bens
Publisher: Cambridge University Press
ISBN: 1009080806
Category : Law
Languages : en
Pages : 257
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Book Description
Modern law seems to be designed to keep emotions at bay. The Sentimental Court argues the exact opposite: that the law is not designed to cast out affective dynamics, but to create them. Drawing on extensive ethnographic fieldwork - both during the trial of former Lord's Resistance Army commander Dominic Ongwen at the International Criminal Court's headquarters in The Netherlands and in rural northern Uganda at the scenes of violence - this book is an in-depth investigation of the affective life of legalized transitional justice interventions in Africa. Jonas Bens argues that the law purposefully creates, mobilizes, shapes, and transforms atmospheres and sentiments, and further discusses how we should think about the future of law and justice in our colonial present by focusing on the politics of atmosphere and sentiment in which they are entangled.
Author: Yohan Ariffin
Publisher: Cambridge University Press
ISBN: 1107113857
Category : Political Science
Languages : en
Pages : 433
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Book Description
This book investigates collective emotions in international politics, with examples from 9/11 and World War II to the Rwandan genocide.
Author: Jennifer Lind
Publisher: Cornell University Press
ISBN: 0801462274
Category : Political Science
Languages : en
Pages : 255
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Book Description
Governments increasingly offer or demand apologies for past human rights abuses, and it is widely believed that such expressions of contrition are necessary to promote reconciliation between former adversaries. The post-World War II experiences of Japan and Germany suggest that international apologies have powerful healing effects when they are offered, and poisonous effects when withheld. West Germany made extensive efforts to atone for wartime crimes-formal apologies, monuments to victims of the Nazis, and candid history textbooks; Bonn successfully reconciled with its wartime enemies. By contrast, Tokyo has made few and unsatisfying apologies and approves school textbooks that whitewash wartime atrocities. Japanese leaders worship at the Yasukuni Shrine, which honors war criminals among Japan's war dead. Relations between Japan and its neighbors remain tense. Examining the cases of South Korean relations with Japan and of French relations with Germany, Jennifer Lind demonstrates that denials of past atrocities fuel distrust and inhibit international reconciliation. In Sorry States, she argues that a country's acknowledgment of past misdeeds is essential for promoting trust and reconciliation after war. However, Lind challenges the conventional wisdom by showing that many countries have been able to reconcile without much in the way of apologies or reparations. Contrition can be highly controversial and is likely to cause a domestic backlash that alarms—rather than assuages—outside observers. Apologies and other such polarizing gestures are thus unlikely to soothe relations after conflict, Lind finds, and remembrance that is less accusatory-conducted bilaterally or in multilateral settings-holds the most promise for international reconciliation.
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
ISBN: 1788119088
Category : Law
Languages : en
Pages : 635
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Book Description
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1108842208
Category : Law
Languages : en
Pages : 423
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Book Description
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
Author: Maéva Clément
Publisher: Springer
ISBN: 3319655752
Category : Political Science
Languages : en
Pages : 355
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Book Description
This edited volume is the first to discuss the methodological implications of the ‘emotional turn’ in International Relations. While emotions have become of increasing interest to IR theory, methodological challenges have yet to receive proper attention. Acknowledging the pluralityof ontological positions, concepts and theories about the role of emotions in world politics, this volume presents and discusses various ways to research emotions empirically. Based on concrete research projects, the chapters demonstrate how social-scientific and humanitiesoriented methodological approaches can be successfully adapted to the study of emotions in IR. The volume covers a diverse set of both well-established and innovative methods, including discourse analysis, ethnography, narrative, and visual analysis. Through a hands-on approach, each chapter sheds light on practical challenges and opportunities, as well as lessons learnt for future research. The volume is an invaluable resource for advanced graduate and postgraduate students as well as scholars interested in developing their own empirical research on the role of emotions.
Author: David Kennedy
Publisher: Princeton University Press
ISBN: 1400827361
Category : Law
Languages : en
Pages : 207
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Book Description
Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
