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Jacques Vergès, Devil's Advocate
This study undertakes a psychohistory of French criminal defence lawyer Jacques Vergès' judicial strategy. His initial articulation of his judicial strategy in his book De la stratégie judiciaire in 1968 continues to inform his legal career, in which he has defended a number of controversial clients, most notably that of Gestapo officer Klaus Barbie in the 1987 trial. Vergès distinguished two types of judicial strategy in his 1968 book: rupture and connivence. Both strategies should be understood out of Vergès' Marxist influences. This study looks into the coherence of his career in light of his initial articulation of judicial strategy and explores the shift in emphasis of his strategy from the defence of a cause to that of a person. The study adopts a three-level approach. It considers, first, Vergès' discourse of his strategy, second, the world politics that shaped his discourse, and third, Vergès' biography. First, Vergès' strategy grew out of the ...
The Unbounded Level of the Mind
Roderick A. Macdonald (1948-2014), internationally renowned for his expertise on access to justice, legal pluralism, and the philosophy of law, was first and foremost a teacher and mentor. He believed in the law as a promise our society makes to itself, and passionately imparted this message to students who went on to become lawyers, judges, and academics. Throughout his career, including participation in several government commissions and tenures as dean of law at McGill University and president of the Law Commission of Canada, he strove to promote ideas that have become woven into our contemporary understanding of unity, reconciliation, accommodation, and social justice. The Unbounded Leve...
Travesty
In 2006, Slobodan Milosevic died in prison in the Hague during a four-year marathon trial for war crimes. John Laughland was one of the last Western journalists to meet with him. Laughland had followed the trial from its beginning and wrote extensively on it in the Guardian and the Spectator, challenging the legitimacy of the Yugoslav Tribunal and the hypocrisy of "international justice." In this short book, Laughland gives a full account of the trial---the longest trial in history---from the moment the indictment was issued at the height of NATO's attack on Yugoslavia to the day of Milosevic's mysterious death in custody. "International justice" is supposed to hold war criminals to account, but---as the trials of both Milosevic and Saddam Hussein show---the indictments are politically motivated and the judicial procedures are irredeemably corrupt. Laughland argues that international justice is an impossible dream and that such show trials are little more than propaganda exercises designed to distract attention from the war crimes committed by Western states.
Foucault and the Politics of Rights
This book focuses on Michel Foucault's late work on rights in order to address broader questions about the politics of rights in the contemporary era. As several commentators have observed, something quite remarkable happens in this late work. In his early career, Foucault had been a great critic of the liberal discourse of rights. Suddenly, from about 1976 onward, he makes increasing appeals to rights in his philosophical writings, political statements, interviews, and journalism. He not only defends their importance; he argues for rights new and as-yet-unrecognized. Does Foucault simply revise his former positions and endorse a liberal politics of rights? Ben Golder proposes an answer to t...
The Biological and Social Dimensions of Human Knowledge
Traditionally, philosophers have argued that epistemology is a normative discipline and therefore occupied with an a priori analysis of the necessary and sufficient conditions that a belief must fulfill to be acceptable as knowledge. But such an approach makes sense only if human knowledge has some normative features, which conceptual analysis is able to disclose. As it turns out, philosophers have not been able to find such features unless they are very selective in their choice of examples of knowledge. Much of what we intuitively think functions as knowledge, both in human and non-human animals, does not share these normative features. The purpose of this book is to demonstrate that natural selection has adapted human sense impressions to deliver reliable information without meeting the traditional commitments for having knowledge. In connection with memory, sensory and bodily information provides an animal with experiential knowledge. Experiential knowledge helps an animal to navigate its environment. Moreover, experiential knowledge has different functions depending on whether the deliverance of information stems from the organism’s external or internal senses.
JONATHAN WILD
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Retórica, Hermenêutica e Argumentação Jurídica
Nesta obra, são apresentadas discussões filosóficas e práticas a respeito do caráter retórico e argumentativo do direito em temas de abrangência nacional e internacional, com o objetivo de fornecer elementos e leituras fundamentais para a pesquisa jurídica em Teoria e Filosofia do Direito. Fruto de projetos internacionalmente consolidados, a coletânea articula diferentes pesquisadores e Programas de Pós-graduação no Brasil e na Europa. Sob a coordenação dos Professores João Maurício Adeodato, Luiz Filipe Araújo, Pedro Alves e Pedro Parini, a publicação multilíngue é mais um produto do Grupo de Pesquisa "As retóricas na história das ideias jurídicas no Brasil: original...
Dialogues on the Supersensual Life
Jacob Boehme's Vom übersinnlichen Leben (On Supersensual Life) is a dialogue between a wise older mystic and his student. The student asks questions such as: Why do love and suffering exist side by side? How far are heaven and hell from each other? Are their men and women in heaven? The mystics answers them by giving answers such as: love must have an object, therefore it exists side by side with suffering; heaven and hell are everywhere but their relationship is like day and night; there are no men and women in heaven but everyone is of the same sex. The answers are based on Scriptures. Where Scriptures do no provide a clear answer, the mystic does something that one may not have expected ...
