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Juridical Humanity
In colonial Egypt, the state introduced legal reforms that claimed to liberate Egyptians from the inhumanity of pre-colonial rule and elevate them to the status of human beings. These legal reforms intersected with a new historical consciousness that distinguished freedom from force and the human from the pre-human, endowing modern law with the power to accomplish but never truly secure this transition. Samera Esmeir offers a historical and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the "human" to Egyptian legal and colonial history and argues that the production of "juridical humanity" was a constitutive force of colonial rule and subjugation. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new reading of the history of colonialism.
Were the Popes Against the Jews?
How many people know that a modern pope publicly referred to Jews as "dogs;" that two other modern popes called the Jewish religion "Satan's synagogue"; that at the beginning of the twentieth century another pope refused to save the life of a Jew accused of ritual murder, even though the pope knew the man was innocent? Lastly, how many people know that only a decade before the rise of Hitler, another pope supported priests who called for the extermination of all the Jews in the world? The answer has to be "great numbers of people" since those accusations appeared in David I. Kertzer's The Popes Against the Jews (2001), a book which had been lauded in major journals and newspapers in the U.S....
Making Constitutions in Deeply Divided Societies
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
The Palestine Yearbook of International Law, 1998-1999
This well-established and widely-respected "Yearbook," now in its 10th volume, is a primary source of information on significant and topical legal issues relating to the Palestinian territories. It provides, in a single annual volume, not only leading articles on topics of major interest to the international legal community, but also key legislation, court decisions, legal cases, treaties, resolutions, special reports, and other relevant legal material translated from the original Arabic or Hebrew into English. The 10th volume of the "Palestine Yearbook of International Law" contains the following features: - leading articles on the legal issues relating to Israeli settlements in the Occupie...
Apartheid Israel
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Razing Rafah
This report show, most of the destruction in Rafah occurred along the Israel-controlled border between the Gaza Strip and Egypt. During regular nighttime raids and with little or no warning, Israel forces used armored caterpillar D9 bulldozers to raze blocks of homes at the edge of the camp, incrementally expanding a "buffer zone" that is currently up to three hundred meters wide. The pattern of destruction strongly suggests that Israeli forces demolished homes wholesale, regardless of whether they posed a specific threat, in violation of international law. In most cases Human Rights Watch found the destruction carried out in the absence of military necessity.
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