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The Quest for Core Values in the Application of Legal Norms
Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts – former ...
Freedom of Speech and Incitement against Democracy
Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.
Militant Democracy
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Crime and Criminal Justice in Israel
Assessing the Israeli criminal justice knowledge base with implications for Israel and international scholarship, this book explores crime, legislation, law enforcement, courts, corrections, and the victim. The book discusses the development of criminal justice and criminology in a new society, adding to the understanding of crime and societal reaction. The authors examine the historical development of Israeli criminal justice, describe the state of current knowledge, and point to possible future directions.
Suppressing Dissent
Civic space worldwide is shrinking – nowhere is this plainer than in Palestine–Israel Suppressing Dissent brings together leading experts of shrinking civic space and transnational repression concerning Palestine–Israel to show how failing to address the phenomenon has impacts in the United States, the Middle East and beyond.
The False Prophets of Peace
This book refutes the long held view of the Israeli left as adhering to a humanistic, democratic and even socialist tradition, attributed to the historic Zionist Labor movement. Through a critical analysis of the prevailing discourse of Zionist intellectuals and activists on the Jewish-democratic state, it uncovers the Zionist left’s central role in laying the foundation of the colonial settler state of Israel, in articulating its hegemonic ideology and in legitimizing, whether explicitly or implicitly, the apartheid treatment of Palestinians both inside Israel and in the 1967 occupied territories. Their determined support of a Jewish-only state underlies the failure of the “peace process,” initiated by the Zionist Left, to reach a just peace based on recognition of the national rights of the entire Palestinian people.
Between the Lines
A challenge to fundamentally rethink the basis of the Israeli-Palestinian conflict today.
Defences in Contemporary International Criminal Law
In an area of law so thoroughly politicized, culturally freighted and passionately punitive, there is need for an extraordinary measure of protection for the accused if we are to pay more than lip service to justice. Defenses in Contemporary International Criminal Law ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court. Dr. Knoops' conceptual reach not only includes the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, immunity of States) but also presents a strong case for the incorporation of genetic and neurobiological data into the working assets of the international criminal defense attorney. Published under the Transnational Publishers imprint.
