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Jurisdictional Exceptionalisms
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Book Synopsis Jurisdictional Exceptionalisms by : Anver M. Emon
Download or read book Jurisdictional Exceptionalisms written by Anver M. Emon and published by Cambridge University Press. This book was released on 2021-08-12 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines a complex global legal problem to demonstrate a compelling method for comparative legal, cultural, and social understanding.
Book Synopsis Jurisdictional Exceptionalisms by : Anver M. Emon
Download or read book Jurisdictional Exceptionalisms written by Anver M. Emon and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another is Professor and Canada Research Chair in Islamic Law and History at the University of Toronto, where he directs the Institute of Islamic Studies. A Guggenheim Fellow and member of the College of the Royal Society of Canada, he has published widely in Islamic law and history is Professor of International and European Laws and Head of School in the School of Law and Politics, Cardiff University. His publications include Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal (Cambridge, 2008) and International Human Rights Law Documents (Cambridge, 2018)"--
Book Synopsis American Exceptionalism in Crime and Punishment by : Kevin R. Reitz
Download or read book American Exceptionalism in Crime and Punishment written by Kevin R. Reitz and published by Oxford University Press. This book was released on 2018 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- American exceptionalism : perspectives -- American exceptionalism in crime, punishment, and disadvantage : race, federalization, and politicization in the perspective of local autonomy / Nicola Lacey and David Soskice -- The concept of American exceptionalism and the case of capital punishment / David Garland -- Penal optimism : understanding American mass imprisonment from a Canadian perspective / Cheryl Marie Webster and Anthony N. Doob -- The complications of penal federalism : American exceptionalism or fifty different countries? / Franklin E. Zimring -- American exceptionalism in crime -- American exceptionalism in comparative perspective : explaining trends and variation in the use of incarceration / Tapio Lappi-Seppälä -- How exceptional is the history of violence and criminal justice in the United States? : variation across time and space as the keys to understanding homicide and punitiveness / Randolph Roth -- Making the state pay : violence and the politicization of crime in comparative perspective / Lisa L. Miller -- Comparing serious violent crime in the United States and England and Wales : why it matters, and how it can be done / Zelia Gallo, Nicola Lacey, and David Soskice -- American exceptionalism in community supervision : a comparative analysis of probation in the United States, Scotland, and Sweden / Edward E. Rhine and Faye S. Taxman -- American exceptionalism in parole release and supervision : a European perspective / Dirk van Zyl Smit and Alessandro Corda -- Collateral sanctions and American exceptionalism : a comparative perspective / Nora V. Demleitner -- Index
Book Synopsis Meeting the Enemy by : Natsu Taylor Saito
Download or read book Meeting the Enemy written by Natsu Taylor Saito and published by NYU Press. This book was released on 2012-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture. America’s selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States’ frequent—if selective—disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.
Book Synopsis American Exceptionalism and Human Rights by : Michael Ignatieff
Download or read book American Exceptionalism and Human Rights written by Michael Ignatieff and published by Princeton University Press. This book was released on 2009-01-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions). The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism. These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.
Book Synopsis The Rise of China and International Law by : Congyan Cai
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Book Synopsis Judicial Review in the Contemporary World by : Mauro Cappelletti
Download or read book Judicial Review in the Contemporary World written by Mauro Cappelletti and published by MICHIE. This book was released on 1971 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Chinese Antitrust Exceptionalism by : Angela Zhang
Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press. This book was released on 2021-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Book Synopsis American Exceptionalism by : Seymour Martin Lipset
Download or read book American Exceptionalism written by Seymour Martin Lipset and published by W. W. Norton & Company. This book was released on 1996 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is America unique? One of our major political analysts explores the deeply held but often unarticulated beliefs that shape the American creed. "(A) magisterial attempt to distill a lifetime of learning about America into a persuasive brief . . . (by) the dean of American political sociologists".--Carlin Romano, "Boston Globe".
Book Synopsis Penal Exceptionalism? by : Thomas Ugelvik
Download or read book Penal Exceptionalism? written by Thomas Ugelvik and published by Routledge. This book was released on 2011-07-29 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the growing field of comparative criminal justice, the Nordic countries are regularly used as exceptions to the global move towards growing rates of imprisonment and tougher, less welfare-oriented crime-control policies. Why are the Nordic penal institutions viewed as so ‘different’ from a non-Nordic vantage point? Are Nordic prisons and penal policies in fact positive exceptions to the general rule? If they are, what exactly are the exceptional qualities, and why are the Nordic societies lucky enough to have them? Are there important overlooked examples of Nordic ‘bad practice’ in the penal area? Could there be a specifically Nordic way of doing prison research, contributing to the gap between internal and external perspectives? In considering – among others – the above questions, this book explores and discusses the Nordic jurisdictions as contexts for the specific penal policies and practices that may or may not be described as exceptional. Written by leading prison scholars from the Nordic countries as well as selected researchers from the English-speaking world ‘looking in’, this book will be particularly useful for students of criminology and practitioners across the Nordic countries, but also of relevance in a wider geographical context.
Book Synopsis Understanding America by : Peter H. Schuck
Download or read book Understanding America written by Peter H. Schuck and published by PublicAffairs. This book was released on 2009-04-07 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of an exceptional America remains controversial. In this dazzlingly comprehensive collection of essays, some of the nation's best scholars and thinkers take on the weighty task of sizing up Goliath in a way Americans and others can comprehend. These twenty studies in American exceptionalism provide a solidly researched and in-depth analysis on the current state of our institutions, our values, and our challenges for the future.
Book Synopsis All the Missing Souls by : David Scheffer
Download or read book All the Missing Souls written by David Scheffer and published by Princeton University Press. This book was released on 2013-01-27 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is Scheffer's account of the international gamble to prosecute those responsible for genocide, war crimes, and crimes against humanity, and to redress some of the bloodiest human rights atrocities in our time.
Book Synopsis Inventing American Exceptionalism by : Amalia D. Kessler
Download or read book Inventing American Exceptionalism written by Amalia D. Kessler and published by Yale University Press. This book was released on 2017-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Book Synopsis The Dual Penal State by : Markus D. Dubber
Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-09-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Book Synopsis Saving the Bill of Rights by : Frank Miniter
Download or read book Saving the Bill of Rights written by Frank Miniter and published by Simon and Schuster. This book was released on 2011-06-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most of us, the Bill of Rights is sacred. It enshrines, defines, and protects the liberties we take for granted as Americans. But almost unnoticed, a dedicated minority of special interests is chipping away at the Bill of Rights to the point that, while the words might remain in the Constitution, the rights themselves will be lost. Frank Miniter, New York Times bestselling author of The Ultimate Man’s Survival Guide, has seen firsthand—and exposed as a journalist—the relentless assaults that are stripping away our Second Amendment rights. Now he reports on the broad, radical offensive that targets not just our right to bear arms, but all our rights, including the First Amendment’s guarantee of free speech and religion.
Book Synopsis Research Handbook on International Child Abduction by : Marilyn Freeman
Download or read book Research Handbook on International Child Abduction written by Marilyn Freeman and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues.
Book Synopsis American Exceptionalism Reconsidered by : David P. Forsythe
Download or read book American Exceptionalism Reconsidered written by David P. Forsythe and published by Routledge. This book was released on 2016-11-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the US really exceptional in terms of its willingness to take universal human rights seriously? According to the rhetoric of American political leaders, the United States has a unique and lasting commitment to human rights principles and to a liberal world order centered on rule of law and human dignity. But when push comes to shove—most recently in Libya and Syria--the United States failed to stop atrocities and dithered as disorder spread in both places. This book takes on the myths surrounding US foreign policy and the future of world order. Weighing impulses toward parochial nationalism against the ideal of cosmopolitan internationalism, the authors posit that what may be emerging is a new brand of American globalism, or a foreign policy that gives primacy to national self-interest but does so with considerable interest in and genuine attention to universal human rights and a willingness to suffer and pay for those outside its borders—at least on occasion. The occasions of exception—such as Libya and Syria—provide case studies for critical analysis and allow the authors to look to emerging dominant powers, especially China, for indicators of new challenges to the commitment to universal human rights and humanitarian affairs in the context of the ongoing clash between liberalism and realism. The book is guided by four central questions: 1) What is the relationship between cosmopolitan international standards and narrow national self-interest in US policy on human rights and humanitarian affairs? 2) What is the role of American public opinion and does it play any significant role in shaping US policy in this dialectical clash? 3) Beyond public opinion, what other factors account for the shifting interplay of liberal and realist inclinations in Washington policy making? 4) In the 21st century and as global power shifts, what are the current views and policies of other countries when it comes to the application of human rights and humanitarian affairs?
