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The Hegemony Of The Law
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Book Synopsis United States Hegemony and the Foundations of International Law by : Michael Byers
Download or read book United States Hegemony and the Foundations of International Law written by Michael Byers and published by Cambridge University Press. This book was released on 2003-05-29 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Book Synopsis Human Rights Standards by : Makau Mutua
Download or read book Human Rights Standards written by Makau Mutua and published by SUNY Press. This book was released on 2016-01-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.
Book Synopsis The International Legal Order by : Ingrid Detter Delupis
Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Book Synopsis Concepts for International Law by : Jean d’Aspremont
Download or read book Concepts for International Law written by Jean d’Aspremont and published by Edward Elgar Publishing. This book was released on 2018 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.
Book Synopsis Contested States by : Mindie Lazarus-Black
Download or read book Contested States written by Mindie Lazarus-Black and published by Routledge. This book was released on 2012-11-12 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contested States examines how hegemony is created and facilitated through law as well as how people use legal arenas to resist oppression. The essays, written by anthropologists and historians, offer rich historical and ethnographic detail as they engage these themes in such contexts as: colonial and post-colonial courts in Kenya, India, Uganda and the Caribbean; bureaucracies in Tonga and Turkey; and judicial processes in the historical and contemporary United States. Contested States contributes to the new focus on power and social process in legal studies and argues that while states encode and enforce law, a crucial part of the power of law is its very contestability. The book demonstrates that theoretical insights learned in legal arenas can deepen one's overall understanding of sociocultural order and the processes of historical and legal change.
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis American Hegemony in the 21st Century by : Jonathan Pass
Download or read book American Hegemony in the 21st Century written by Jonathan Pass and published by Routledge. This book was released on 2019-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years now debates over America hegemony and its supposed decline have circulated academic circles. The neo-Gramscians have greatly enriched our knowledge in this field, developing some key theoretical tools and concepts, yet ontological inconsistencies, notably the downgrading of structure, has meant their explanation of the dynamics of the contemporary world order remains somewhat incomplete. In this book, Jonathan Pass aims to counter such oversights, drawing directly on the ideas of Antonio Gramsci (amongst others) to elaborate a more sophisticated, overtly materialist, theory of world hegemony, rooted in a critical realist philosophy of science. Through the lens of this Neo neo-Gramscian (NNG) approach the book examines the complex interplay of internal and external social forces responsible for the evolving 'nature' of US hegemony, from its establishment in the 1940s, passing through its different stages of crisis and restructuring up to the present. China's spectacular rise undoubtedly constitutes a 'world event', but is it potentially a 'world hegemon'? The book seeks to sheds some light on this question, analysing the economic and geopolitical significance of China's emergence and how it affects, and is affected by, both American hegemony and its own extremely delicate 'passive revolution' at home. American Hegemony in the 21st Century presents a major contribution to International Relations, International, Political Economy, Politics and Philosophy and will be of interest to researchers looking for a more sophisticated and convincing analysis of the dynamics of the contemporary world order.
Download or read book Nobody's Law written by Marc Hertogh and published by Springer. This book was released on 2018-06-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody’s Law shows how people – who are disappointed, disenchanted, and outraged about the justice system – gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law’s hegemony and argue that it’s ‘all over’, Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of ‘legal alienation’— a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.
Book Synopsis The Dimensions of Hegemony by : Craig Brandist
Download or read book The Dimensions of Hegemony written by Craig Brandist and published by BRILL. This book was released on 2015-02-04 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though generally associated with the Italian Marxist Antonio Gramsci, the idea of hegemony had a crucial history in revolutionary Russia where it was used to conceptualize the dynamics of political and cultural leadership. Drawing on extensive archival research, this study considers the cultural dimensions of hegemony, with particular focus on the role of language in political debates and in scholarship of the period. It is shown that considerations of the relations between the proletariat and peasantry, the cities to the countryside and the metropolitan centre to the colonies of the Russian Empire demanded an intense dialogue between practical politics and theoretical reflection, which led to critical perspectives now assumed to be the achievements of, for instance, sociolinguistics and post-colonial studies.
Book Synopsis Law as Refuge of Anarchy by : Hermann Amborn
Download or read book Law as Refuge of Anarchy written by Hermann Amborn and published by MIT Press. This book was released on 2019-04-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of communities in the Horn of Africa where reciprocity is a dominant social principle, offering a concrete countermodel to the hierarchical state. Over the course of history, people have developed many varieties of communal life; the state, with its hierarchical structure, is only one of the possibilities for society. In this book, leading anthropologist Hermann Amborn identifies a countermodel to the state, describing communities where reciprocity is a dominant social principle and where egalitarianism is a matter of course. He pays particular attention to such communities in the Horn of Africa, where nonhierarchical, nonstate societies exist within the borders of a hierarchical structured state. This form of community, Amborn shows, is not a historical forerunner to monarchy or the primitive state, nor is it obsolete as a social model. These communities offer a concrete counterexample to societies with strict hierarchical structures. Amborn investigates social forms of expression, ideas, practices, and institutions that oppose the hegemony of one group over another, exploring how conceptions of values and laws counteract tendencies toward the accumulation of power. He examines not only how the nonhegemonic ethos is reflected in law but also how anarchic social formations can exist. In the Horn of Africa, the autonomous jurisdiction of these societies protects against destructive outside influences, offers a counterweight to hegemonic violence, and contributes to the stabilization of communal life. In an era of widespread dissatisfaction with Western political systems, Amborn's study offers an opportunity to shift from traditional theories of anarchism and nonhegemony that project a stateless society to consider instead stateless societies already in operation.
Book Synopsis Lenin and the Logic of Hegemony by : Alan Shandro
Download or read book Lenin and the Logic of Hegemony written by Alan Shandro and published by BRILL. This book was released on 2014-07-10 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lenin and the Logic of Hegemony, by means of a careful textual and contextual analysis of the writings of Lenin and his Marxist contemporaries, Alan Shandro traces the contours of the ‘(anti-) metaphysical event’ identified by Gramsci in Lenin’s political practice and theory, the emergence of the ‘philosophical fact’ of hegemony. In so doing, he effectively disputes conventional caricatures of Lenin’s role as a political actor and thinker and unearths the underlying parameters of the concept of hegemony in the class struggle. He thereby clarifies the conceptual status of this pervasive but now increasingly elusive notion and the logic of theory and practice at work in it.
Book Synopsis Cultural Hegemony in a Scientific World by :
Download or read book Cultural Hegemony in a Scientific World written by and published by BRILL. This book was released on 2020-12-07 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive survey of how scientific disciplines have always been informed by politics and ideology on the basis of the Gramscian views in historical materialism, hegemony and civil society.
Book Synopsis Exit from Hegemony by : Alexander Cooley
Download or read book Exit from Hegemony written by Alexander Cooley and published by Oxford University Press, USA. This book was released on 2020 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""We live in a period of uncertainty about the fate of American global leadership and the future of international order. The 2016 election of Donald Trump led many to pronounce the death, or at least terminal decline, of liberal international order - the system of institutions, rules, and values associated with the American-dominated international system. But the truth is that the unravelling of American global order began over a decade earlier. Exit from Hegemony develops an integrated approach to understanding the rise and decline of hegemonic orders. It calls attention to three drivers of transformation in contemporary order. First, great powers, most notably Russia and China, contest existing norms and values, while simultaneously building new spheres of international order through regional institutions. Second, the loss of the "patronage monopoly" once enjoyed by the United States and its allies allows weaker states to seek alternative providers of economic and military goods - providers who do not condition their support on compliance with liberal economic and political principles. Third, transnational counter-order movements, usually in the form of illiberal and right-wing nationalists, undermine support for liberal order and the American international system, including within the United States itself. Exit from Hegemony demonstrates that these broad sources of transformation - from above, below, and within - have transformed past international orders and undermine prior hegemonic powers. It provides evidence that that all three are, in the present, mutually reinforcing one another and, therefore, that the texture of world politics may be facing major changes""--
Book Synopsis Cultural Hegemony in the United States by : Lee Artz
Download or read book Cultural Hegemony in the United States written by Lee Artz and published by SAGE Publications. This book was released on 2000-06-23 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular usage equates hegemony with dominance–a meaning far from Antonio Gramsci′s original concept where hegemony appears as a contested culture that meets the minimum needs of the majority while serving the interests of the dominant class. This text is the first to present cultural hegemony in its original form–as a process of consent, resistance, and coercion. Hegemony is illustrated with examples from American history and contemporary culture, including practices that represent race, gender, and class in everyday life. U.S. cultural hegemony depends in part on how well media, government, and other dominant institutions popularize beliefs and organize practices that promote individualism and consumerism. Corporate dominance and market values reign only through the consent of the majority, which, for the time being - finds material, political, and cultural benefit from existing social relations. As deep social contradictions undermine brittle hegemonic relations, the subordinate majority - including blacks, women, and workers will seek a new cultural hegemony that overcomes race, gender, and class inequality.
Book Synopsis Universal Jurisdiction in International Criminal Law by : Aisling O'Sullivan
Download or read book Universal Jurisdiction in International Criminal Law written by Aisling O'Sullivan and published by Taylor & Francis. This book was released on 2017-02-03 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
Book Synopsis The Politics of International Criminal Law by : Holly Cullen
Download or read book The Politics of International Criminal Law written by Holly Cullen and published by BRILL. This book was released on 2020-12-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
