You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Silencing the Guns in Haiti traces Haiti's halting and uncertain quest for democracy from the perspective of someone who played a leading part in every stage of that process. "A provocative study of the prospects for the rule of law in Haiti."—Marilyn Bowden, Miami Today "[Stotzky] deepens insights into the contradictory obstacles to democratic governance in Haiti."—Library Journal "Controversial and stimulating."—Choice "Lucid and informative. . . . Stotzky gives readers a good foundation for understanding the pressures facing the impoverished but determined Caribbean island."—Islands
Send Them Back tells part of the story of a remarkable attempt, which spanned four decades, to bring the rule of law to refugees from the troubled nation of Haiti. It discusses several of the cases that civil rights lawyers, working directly with Haitians and other activists, filed and litigated for Haitian refugees, and the legal, social, and political aspects of such litigation. The litigation fostered structural legal changes, policies meant to cure the inequities in the treatment of refugees, and a determined political opposition to unfair and illegal immigration decisions.
The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
This book explains how the rule of law emerges and how it survives in nascent democracies. The question of how nascent democracies construct and fortify the rule of law is fundamentally about power. By focusing on judicial autonomy, a key component of the rule of law, this book demonstrates that the fragmentation of political power is a necessary condition for the rule of law. In particular, it shows how party competition sets the stage for independent courts. Using case studies of Argentina at the national level and of two neighboring Argentine provinces, San Luis and Mendoza, this book also addresses patterns of power in the economic and societal realms. The distribution of economic resources among members of a divided elite fosters competitive politics and is therefore one path to the requisite political fragmentation. Where institutional power and economic power converge, a reform coalition of civil society actors can overcome monopolies in the political realm.
In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino's work. The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.
The threat of terror, which flares in Africa and Indonesia, has given the problem of failed states an unprecedented immediacy and importance. In the past, failure had a primarily humanitarian dimension, with fewer implications for peace and security. Now nation-states that fail, or may do so, pose dangers to themselves, to their neighbors, and to people around the globe: preventing their failure, and reviving those that do fail, has become a strategic as well as a moral imperative. State Failure and State Weakness in a Time of Terror develops an innovative theory of state failure that classifies and categorizes states along a continuum from weak to failed to collapsed. By understanding the mechanisms and identifying the tell-tale indicators of state failure, it is possible to develop strategies to arrest the fatal slide from weakness to collapse. This state failure paradigm is illustrated through detailed case studies of states that have failed and collapsed (the Democratic Republic of the Congo, Sierra Leone, the Sudan, Somalia), states that are dangerously weak (Colombia, Indonesia, Sri Lanka, Tajikistan), and states that are weak but safe (Fiji, Haiti, Lebanon).