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The Idea of International Human Rights Law
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Democracy, Minorities and International Law
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.
Complexity Theory and Law
This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Leadership and the New Science
A bestseller--more than 300,000 copies sold, translated into seventeen languages, and featured in the Los Angeles Times, Washington Post, Miami Herald, Harvard Business Review, Fast Company, and Fortune; Shows how discoveries in quantum physics, biology, and chaos theory enable us to deal successfully with change and uncertainty in our organizations and our lives; Includes a new chapter on how the new sciences can help us understand and cope with some of the major social challenges of our timesWe live in a time of chaos, rich in potential for new possibilities. A new world is being born. We need new ideas, new ways of seeing, and new relationships to help us now. New science--the new discove...
The Story of the Rockefeller Foundation
Since its original publication in 1952, Fosdick's book has been the single most reliable treatment of one of the most important philanthropies in the United States and indeed the world. Fosdick served as president of the foundation for twelve years, from 1936 to 1948, when it was the largest grant-making endow-ment in the world. As Steven Wheatley notes in his valuable new introduction, in part The Story of the Rockefeller Foundation was intended as an instrument of institutional self-defense. When it was written, the foundation community was under mounting political attack from the right, and the book was meant to help balance the Scales by cataloging the foundation's good works. As a delib...
An Ethics of Improvisation
An Ethics of Improvisation takes up the puzzles and lessons of improvised music in order to theorize the building blocks of a politically just society. The investigation of what politics can learn from the people who perform and listen to musical improvisation begins with an examination of current social discourses about "the political" and an account of what social justice could look like. From there, the book considers what a politically just society's obligations are to people who do not want to be part of the political community, establishing respect for difference as a fundamental principle of social interaction. What this respect for difference entails when applied to questions of the ...
The West and Islam
This book analyzes the relationship between Western and Islamic political ideas. The focus is on the similarities and differences between Western liberal democracy and shura - often seen as the Islamic counterpart to Western democracy. This is the first work to provide a direct and detailed comparison between the two systems of ideas, as given expression in the concrete political systems which have emerged.
Non-State Actors as Standard Setters
This analysis of 'globalised' standard-setting processes draws together insights from law, political sciences, sociology and social anthropology to assess the authority and accountability of non-state actors and the legitimacy and effectiveness of the processes. The essays offer new understandings of current governance problems, including environmental and financial standards, rules for military contractors and complex public-private partnerships, such as those intended to protect critical information infrastructure. The contributions also evaluate multi-stakeholder initiatives (such as the Extractive Industries Transparency Initiative), and discuss the constitution of public norms in stateless areas. A synopsis of the latest results of the World Governance Indicator, arguably one of the most important surveys in the area today, is included.
Shadow Nations
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argu...
The Concept of Group Rights in International Law
Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.
