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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
Guantánamo and Beyond
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law. By examining the comparative patterns, similarities, and disjunctions arising from the use of such courts, this book also analyzes the political and legal challenges that the creation and operation of exceptional courts produces both within democratic states and for the international community.
Fighting Hurt
This volume brings together key work by the leading political philosopher Henry Shue on the issue of torture, and the moral challenges surrounding the initiation and conduct of war.
Law's Ethical, Global and Theoretical Contexts
Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
Emergencies in Public Law
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
The 9/11 Effect
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
Human Rights in Emergencies
This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.
Critique of Security
This book brings together a range of diverse discussions about security in order to sustain a genuine critique of the subject. It is unique in its examination of the historical and political links between social security and national security and in its assessment of the way that emergency powers (as the most intense realisation of the rhetoric of 'national security') have been synthesised with 'normal' law.Among other ideas and concepts, Mark Neocleous discusses the place of security in the liberal tradition of political theory. Building on insights from Foucault and Marx, he argues that liberalism's central category is not liberty, but security. He also deals with the role of security in justifying the introduction and continuation of emergency powers through a historical excavation of the state of emergency, a political reading of the way emergency powers are only tangentially concerned with warfare, and a theoretical reading of the debate between Schmitt and Benjamin.
The Oxford Handbook of Comparative Constitutional Law
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U...
