Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a very similar approach to the law, according to R. Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable.
Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state--all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons?
During the past decade, the rise of online communication has proven to be particularly fertile ground for academic exploration at the intersection of law and society. Scholars have considered how best to apply existing law to new technological problems but they also have returned to first principles, considering fundamental questions about what law is, how it is formed and its relation to cultural and technological change.
Scholars of international human rights law are largely unfamiliar with law and society scholarship, while the study of international human rights has remained at the margins of the law and society movement. International Human Rights: Empirical Approaches to Human Rights seeks to bridge this gap by presenting the work of a growing number of academics who are adopting a range of empirical approaches to international human rights.
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities.
When Army Captain Ian Fishback decided to blow the whistle on prisoner abuse in Iraq and Afghanistan, he posed the central question facing America in the new century: “Will we confront danger in order to preserve our ideals, or will courage and commitment to individual rights wither at the prospect of sacrifice?... I would rather die fighting than give up even the smallest part of the idea that is 'America.'” But what is this idea? George W. Bush waged war in Iraq in the name of American values--liberty and democracy.
Liberalism in America is in greater peril than at any other time in recent history. Conservatives treat it as an epithet, and even some liberals have confused it with sentimentality and socialism. But Paul Starr, one of America's leading intellectuals, claims that, properly understood, liberalism is a sturdy public philosophy, deeply rooted in our traditions, capable of making America a freer and more secure country.
In their personal lives, people consider it essential to separate economics and intimacy. We have, for example, a long-standing taboo against workplace romance, while we see marital love as different from prostitution because it is not a fundamentally financial exchange. In The Purchase of Intimacy, Viviana Zelizer mounts a provocative challenge to this view. Getting to the heart of one of life's greatest taboos, she shows how we all use economic activity to create, maintain, and renegotiate important ties—especially intimate ties—to other people.
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so — and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them—by politicians, for the benefit of politicians.