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Law in Times of Crisis
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
A Companion to Contemporary Political Philosophy
This new edition of A Companion to Contemporary Political Philosophy has been extended significantly to include 55 chapters across two volumes written by some of today's most distinguished scholars. New contributors include some of today’s most distinguished scholars, among them Thomas Pogge, Charles Beitz, and Michael Doyle Provides in-depth coverage of contemporary philosophical debate in all major related disciplines, such as economics, history, law, political science, international relations and sociology Presents analysis of key political ideologies, including new chapters on Cosmopolitanism and Fundamentalism Includes detailed discussions of major concepts in political philosophy, including virtue, power, human rights, and just war
Emergencies in Public Law
This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.
The Prohibition of Torture in Exceptional Circumstances
This book reframes the historical, legal and moral discourse on the question of whether torture can be justified in exceptional circumstances.
Disaster Law
Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disasters and in particular the regulation of disaster response and the allocation of responsibility in t...
Subjects of Responsibility
How and why has the concept of responsibility come to pervade the fabric of American public and private life? How are ideas of responsibility instantiated in, and constituted by, the workings of social and political institutions? What place do liberal discourses of responsibility, based on the individual, have in today's biopolitical world, where responsibility is so often a matter of risk assessment, founded in statistical probabilities? Bringing together the work of scholars in anthropology, law, literary studies, philosophy, and political theory, the essays in this volume show how state and private bureaucracies play crucial roles in fashioning forms of responsibility, which they then enjoin on populations. How do government and market constitute subjects of responsibility in a culture so enamored of individuality? In what ways can those entities-centrally, in modern culture, those engaged in insuring individuals against loss or harm-themselves be held responsible, and by whom? What kinds of subjectivities are created in this process? Can such subjects be said to be truly responsible, and in what sense?
Extra-Legal Power and Legitimacy
In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with how governments have yielded extra-legal powers in times of emergency.
Terror in the Balance
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Necessity and National Emergency Clauses
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Understanding Torture
Despite Victor Hugo's 19th-century proclamation that torture no longer exists, we still find it even now, even in those nations that claim to be paradigms of civility. Why is it that torture still exists in a world where it is routinely regarded as immoral? Is it possible to eliminate torture, and if so, how? What exactly does it mean to call something 'torture', and is it always morally reprehensible? Arguments in favour of torture abound, but in this important new book, J. Jeremy Wisnewski examines and explains the moral dimensions of this perennial practice, paying careful attention to what lessons torture can teach us about our own moral psychology. By systematically exposing the weaknesses of the dominant arguments for torture, drawing on resources in both analytic and continental philosophy and relevant empirical literature in psychology, Wisnewski aims to provide an over-arching account of torture: what it is, why it's wrong, and why even the most civilized people can nevertheless engage in it.
