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Evil, Law and the State

Evil, Law and the State
Author:
Publisher: BRILL
Total Pages: 227
Release: 2006-01-01
Genre: History
ISBN: 9401201846

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The topic of “evil” means different things depending upon context. For some, it is an archaic term, while others view it as a central problem of ethics, psychology, or politics. Coupled with state power, the problem of evil takes on a special salience for most observers. When governments do evil –in whatever way we define the term – the scale of harm increases, sometimes exponentially. The evils of state violence, then, demand our attention and concern. Yet the linkage of evil with state power does not resolve the underlying question of how to understand the concepts that we invoke when we use the term. Instead, the question becomes what evil means in the context of and in relation to state power. The fifteen essays in this book bring multiple perspectives to bear on the problems of state-sponsored evil and violence, and on the ways in which law enables or responds to them. The approaches and conclusions articulated by the various contributors sometimes complement and sometimes stand in tension with each other, but as a whole they contribute to our ongoing effort to understand the characteristics and workings of state power, and our need to grapple with the harm it causes.


State Power and the Legal Regulation of Evil

State Power and the Legal Regulation of Evil
Author: Francesca Dominello
Publisher: BRILL
Total Pages: 179
Release: 2020-04-28
Genre: Philosophy
ISBN: 1848880294

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State Power and the Legal Regulation of Evil engages with the responses of lawmakers and state officials to acts of evil as performed in different locations. The essays in this volume offer a range of perspectives on the relationship between law, state and evil calling on us to reflect upon the role of law and state in the commission of evil deeds.


Law, Morality and Power: Global Perspectives on Violence and the State

Law, Morality and Power: Global Perspectives on Violence and the State
Author:
Publisher: BRILL
Total Pages: 131
Release: 2020-04-28
Genre: Philosophy
ISBN: 1848880413

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This volume is a collection of the chapter presentations contributed by participants in the 4th Global Conference on Evil, Law & the State: Issues in State Power and Violence. The conference drew together a number of scholars from different backgrounds: law, politics, philosophy, religious studies, literature and cinema.


Power, Judgment and Political Evil

Power, Judgment and Political Evil
Author: Danielle Celermajer
Publisher: Routledge
Total Pages: 210
Release: 2016-04-08
Genre: Political Science
ISBN: 1317076788

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In an interview with Günther Gaus for German television in 1964, Hannah Arendt insisted that she was not a philosopher but a political theorist. Disillusioned by the cooperation of German intellectuals with the Nazis, she said farewell to philosophy when she fled the country. This book examines Arendt's ideas about thinking, acting and political responsibility, investigating the relationship between the life of the mind and the life of action that preoccupied Arendt throughout her life. By joining in the conversation between Arendt and Gaus, each contributor probes her ideas about thinking and judging and their relation to responsibility, power and violence. An insightful and intelligent treatment of the work of Hannah Arendt, this volume will appeal to a wide number of fields beyond political theory and philosophy, including law, literary studies, social anthropology and cultural history.


The Lesser Evil

The Lesser Evil
Author: Michael Ignatieff
Publisher: Princeton University Press
Total Pages: 230
Release: 2005-09-04
Genre: Philosophy
ISBN: 0691123934

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Must we fight terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.


Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil
Author: Mark A. Graber
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-07-03
Genre: History
ISBN: 9781139457071

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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.


The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 455
Release: 2018-08-20
Genre: History
ISBN: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


Examining State and Evil: Authoritarian Slips, Past and Present

Examining State and Evil: Authoritarian Slips, Past and Present
Author:
Publisher: BRILL
Total Pages: 84
Release: 2019-01-04
Genre: Philosophy
ISBN: 1848881746

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This volume was first published by Inter-Disciplinary Press in 2013. The critical turn of the neoliberal capitalism in 2000s, 9/11 events and its after-effects, worldly and regional economic crises during the first decade of the 21st century and the repositioning of governments against crises... . The state has become one of the most burning questions of our times regarding its apparently rising power all over the world and it deserves even more attention today than any time. The needed attention should awaken philosophical questionings as well: ‘Putting the state in its place’ cannot be considered out of ethics and oscillating discussions around the state between good and evil. This book aims to be a contribution to the debates as the volume gathers a number of contributions by scholars from around the world who discuss the state in this axis through various examples from different geographies and historical periods.


Freedom's Law

Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Total Pages: 438
Release: 1999
Genre: Law
ISBN: 0198265573

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Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.