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Author: V. Keating
Publisher: Springer
ISBN: 1137358025
Category : Political Science
Languages : en
Pages : 243
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Book Description
Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.
Author: V. Keating
Publisher: Springer
ISBN: 1137358025
Category : Political Science
Languages : en
Pages : 243
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Book Description
Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.
Author: Ian Clark
Publisher: Oxford University Press, USA
ISBN: 0199258422
Category : History
Languages : en
Pages : 289
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Book Description
The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour withpractical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society,and in so doing fills a notable void in English school accounts of the subject.Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on sharedprinciples of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts.Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other.This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specificactions to set normative principles.
Author: V. Keating
Publisher: Springer
ISBN: 1137358025
Category : Political Science
Languages : en
Pages : 271
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Book Description
Was the Bush administration was successful in legitimating its preferences with habeas corpus, torture, and extraordinary rendition? As American transforms in the post-Bush era, scholars have begun to assess the post-9/11 period in American foreign and domestic policy, asking difficult questions regarding torture and human rights.
Author: Vincent Charles Keating
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This thesis examines the effect American human rights conduct during the war on terror hadon three international human rights norms: torture, habeas corpus, and rendition for thepurposes of torture. It does so by analysing a large-n sample of public legitimation strategiesof both the United States and other members of international society during theadministration of President George W. Bush. The thesis asks three questions: First, has thedefection of the United States from these human rights norms led to a?norm cascade? thatdelegitimized the norms? Second, did the United States run an exemptionalist argument foreach, and was this successful? Third, did the material preponderance of the United Stateshelp it to legitimate its preferences in international society? The thesis argues that the UnitedStates was unsuccessful at overtly legitimating its preferences in the habeas corpus casestudy. In the torture case study the United States had some early success using a strategy ofnorm justification, but most international legitimation strategies were subsequentlyabandoned. It was relatively successful in the rendition case study where it pursued very fewlegitimation strategies, relying instead on secrecy and denial. Furthermore, there is no overtevidence that the United States either attempted or was successful in an exemptionaliststrategy, though some of the conduct by the United States and other members of internationalsociety might imply that a covert strategy was in effect. Lastly, though the materialpreponderance of the United States allowed it to absorb the costs associated with itsillegitimate behaviour, there was no evidence that it was useful in transforming internationalhuman rights norms.
Author: Ian Clark
Publisher: Oxford University Press, USA
ISBN: 0199297002
Category : Law
Languages : en
Pages : 242
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Book Description
This is a study of the theory and history of international norms. How does international society come to adopt certain norms in particular? This book shows how ideas of international legitimacy have evolved, and makes us rethink the nature of international society.
Author: Andreas Føllesdal
Publisher: Cambridge University Press
ISBN: 1107470706
Category : Political Science
Languages : en
Pages : 323
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Book Description
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Author: Tom R. Tyler
Publisher: Russell Sage Foundation
ISBN: 1610445414
Category : Social Science
Languages : en
Pages : 408
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Book Description
The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia's adoption of Western-style "community policing" during its transition to democracy. In the context of Slovenia's recent Communist past—when "community policing" entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin's Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law's representatives succeed—or fail—in winning citizens' hearts and minds. A Volume in the Russell Sage Foundation Series on Trust
Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 1139482106
Category : Law
Languages : en
Pages : 333
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Book Description
Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.
Author: David P. Forsythe
Publisher: U of Nebraska Press
ISBN: 9780803219892
Category : Political Science
Languages : en
Pages : 0
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Book Description
"As our world becomes a truly global village through instantaneous media transmission of events, the relationship between human rights and peaceful international relations receives more and more attention. David P. Forsythe's book analyzes and discusses the dimensions of covert and overt human rights violations and how they militate against the establishment of democracies in the Third World. Human Rights and Peace evaluates critically the argument that human rights in general and democracy in particular contribute to peaceful international relations"--Unedited summary from book cover.
Author: A. Hurrelmann
Publisher: Springer
ISBN: 0230598390
Category : Social Science
Languages : en
Pages : 283
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Book Description
In spite of the lack of plausible alternatives to liberal democracy, the age of globalization has ushered in serious challenges to the democratic legitimacy of the nation state. The contributors in this collection explore the frontiers of normative and empirical legitimacy research, drawing upon a range of key conceptual and methodological issues.
