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Looking beyond the events of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft, and in the problematic relationship between sovereign authority and lawful violence underpinning the modern state system. It details the legal and political issues raised in targeted killing as it has emerged in practice, including questions of domestic constitutional authority, the use of force in international law, the law of belligerent occupation, the law of targeting and human rights law. The distinctive nature of Israeli and US targeted killing is analysed in terms of the compulsion of legality characteristic of the liberal constitutional state, a compulsion that demands the ability to distinguish between legal 'targeted killing' and extra-legal 'political assassination'. The effect is a highly legalized framework for the extraterritorial killing of designated terrorists that may significantly affect the international law of force.
The Bourgeois Charm of Karl Marx & the Ideological Irony of American Jurisprudence employs a well-known body of work, Marx’s, to explain the inevitable limits of scholarship, in hopes to encourage academic boldness, and diversity, especially within American jurisprudence. While scholarly meaning-making has been addressed in specific academic areas, mostly linguistics and philosophy, it has never been addressed in a triangular relationship between the text (T1) and its instigator (S1), as well as its subsequent interpellator (S2). Furthermore, while addressed as a result of difference, it has never been addressed for today’s liberal theory, which includes liberal jurisprudence, through th...
This book examines the significance of the rights of the Sámi people and analyses the issues raised by the recognition and implementation of these rights in the Nordic countries. Written together by Sámi and non-Sámi experts, the book adopts a human rights approach to examine the adequacy of law and policies that seek to protect the culture and livelihood of Sámi communities in their traditional lands and territories. The book discusses contemporary legal and jurisprudential developments in the field of Sámi rights. It examines the processes and challenges in the recognition and implementation of these rights, particularly in relation to the governance of their traditional land and resources. The book will be of particular interest to legal scholars, political scientists, experts in the field of Indigenous peoples’ rights, governmental authorities, and members of Indigenous communities. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons (CC-BY) 4.0 license.
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of do...
This book provides original perspectives on the work of one of the most important thinkers in international law today.
From the rise of populist leaders and the threat of democratic backsliding to polarizing culture wars and the return of great power competition, the backlash against the political, economic, and social liberalism is increasingly labeled "illiberal." Yet, despite the increasing importance of these phenomena, scholars still lack a firm grasp on illiberalism as a conceptual tool for understanding societal transformations. The Oxford Handbook of Illiberalism addresses this gap by establishing a theoretical foundation for the study of illiberalism and showcasing state-of-the-art research on this phenomenon in its varied scripts-political, economic, cultural, and geopolitical. Bringing together the expertise of dozens of scholars, the Oxford Handbook of Illiberalism offers a thorough overview that characterizes the current state of the field and charts a path forward for future scholarship on this critical and quickly developing concept.
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.
This book is a critical attempt to cast a biopolitical gaze at the process of subjectification of Russia, Ukraine, Georgia, and Estonia in terms of multiple and overlapping regimes of belonging, performativity, and (de)bordering. The authors strive to go beyond the traditional understandings of biopolitics as a set of policies corresponding to the management and regulation of (pre)existing populations. In their opinion, biopolitics might be part of nation building, a force that produces collective political identities grounded in the acceptance of sets of corporeal practices of control over human bodies and their physical existence. For the authors, to look critically at this biopolitical gaze on the realm of the post-Soviet means also to rethink the correlation between the biopolitical vision of the post-Soviet and the biopolitical epistemology on the post-Soviet, which would demand a new vocabulary. The critical biopolitics might be one of these vocabularies, which would fulfill this request.
As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era ...
Describes how assumptions about the nature of war have shaped our understanding of the modern world and the role of war within it.