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The Fragility of Law

The Fragility of Law
Author: David Fraser
Publisher: Routledge
Total Pages: 301
Release: 2009-06-16
Genre: History
ISBN: 113402181X

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The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.


The Fragility of the 'Failed State' Paradigm

The Fragility of the 'Failed State' Paradigm
Author: Neyire Akpinarli
Publisher: BRILL
Total Pages: 284
Release: 2010
Genre: Law
ISBN: 9004178120

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The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.


Fragile Democracies

Fragile Democracies
Author: Samuel Issacharoff
Publisher: Cambridge University Press
Total Pages: 311
Release: 2015-06-17
Genre: Law
ISBN: 1107038707

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This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.


Making Our Democracy Work

Making Our Democracy Work
Author: Stephen Breyer
Publisher: Vintage
Total Pages: 290
Release: 2011-09-13
Genre: Political Science
ISBN: 0307390837

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Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.


The Fragility of a Culture of Lawfulness

The Fragility of a Culture of Lawfulness
Author:
Publisher:
Total Pages: 14
Release: 2018
Genre: Electronic books
ISBN:

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The concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. Th e article argues that the practical value of that concept lies in its promise to create a fresh common narrative to support a broad range of human-rights inspired and democratically derived justice reforms. Th e authors refl ect on what makes a culture of lawfulness possible, how it always remains fragile, and how one might recognize signs that it is under attack. A culture of lawfulness is based on the genuine willingness of government offi - cials and members of society to hold themselves and one another accountable to the law, which requires a certain level of trust and confi dence in justice institutions and their ability to protect everyone from injustice and insecurity. Th e article emphasizes the role of justice reforms in sustaining such a culture. Law reform initiatives and the strengthening of justice institutions play a central role in fostering and shouldering a culture of lawfulness, particularly when such reforms are not limited to capacity building measures but also address the more fundamental need for greater fairness, accountability, transparency, and inclusiveness. What is a grave concern in many societies is the political failure to defend the rule of law and to proceed with the necessary justice reforms to ensure fairness, transparency, and accountability. One of the most important tasks today is to consolidate the culture of lawfulness wherever it has taken root.


International Development Organizations and Fragile States

International Development Organizations and Fragile States
Author: Marie von Engelhardt
Publisher: Palgrave Macmillan
Total Pages: 0
Release: 2018-01-10
Genre: Social Science
ISBN: 9783319626949

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This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.


The Heart of Human Rights

The Heart of Human Rights
Author: Allen Buchanan
Publisher: Oxford University Press
Total Pages: 331
Release: 2013-10-23
Genre: Philosophy
ISBN: 0199325391

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This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.


Law and Sentiment in International Politics

Law and Sentiment in International Politics
Author: David Traven
Publisher: Cambridge University Press
Total Pages: 327
Release: 2021-07
Genre: Law
ISBN: 1108845002

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Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.


Genocide Denials and the Law

Genocide Denials and the Law
Author: Ludovic Hennebel
Publisher: Oxford University Press
Total Pages: 380
Release: 2011-02-09
Genre: Law
ISBN: 0199876398

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In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.


The Fragility of Goodness

The Fragility of Goodness
Author: Martha C. Nussbaum
Publisher: Cambridge University Press
Total Pages: 587
Release: 2001-01-15
Genre: Philosophy
ISBN: 1107393779

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This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This edition, first published in 2001, features a preface by Martha Nussbaum.