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Global Justice and Transnational Politics
Essays exploring the prospects for transnational democracy in a world of increasing globalization.
The Good Lawyer
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Leading Works in Legal Ethics
This volume reviews and takes stock of legal ethics, at a time when the legal profession globally is experiencing considerable change and challenges, through a re-evaluation of writings that are in some way foundational to the field. Legal ethics, understood here as the study of the ethics and professional regulation of lawyers, has emerged as a novel and important field of study over the last 50 years. It is also one that displays considerable diversity in its scholarship, with distinctive philosophical and interdisciplinary approaches emerging over the years to underpin and supplement the doctrinal ‘law on lawyering’. With contributions from leading and emerging scholars from the United States, Australia, Canada, the Netherlands, New Zealand and the United Kingdom, this collection offers not just critical insights into the authors’ chosen texts, but a thought-provoking commentary on the current state of legal ethics scholarship and its future directions. In addition to being an essential resource for scholars and students of legal ethics theory, it will also be of interest to academics and researchers in legal theory, the philosophy of law, and applied ethics.
We Shall Not Be Moved
We Shall Not Be Moved narrates the story of the Kent State student-led May 4th Coalition and its efforts to maintain untouched the site of the Ohio National Guards shooting of thirteen Kent State students. The story is told in a local context of the groups development and motivations during a long-term conflict between the group, its supporters, the university administration. The story is also told in a much larger context of national polarization over the meaning of the Vietnam War and the peace movement and the preferred historical narrative about the Vietnam era. The book concludes that the May 4th Coalition lost its struggle to save the May 4th site because Americans determining the Vietnam narrative did not believe the protest of 1970 should be honored with saved land.
The UN Security Council Members' Responsibility to Protect
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
Heidegger's Silence
In What Is Called Thinking, Martin Heidegger wrote, "Man speaks by being silent." Berel Lang demonstrates that Heidegger's own silence spoke consciously and deliberately in response to what has been called the "Jewish Question." Posed simply, the Jewish Question, as it gained currency in the nineteenth and the first half of the twentieth centuries, asked how (or if) the Jews were to live among the nations. The Holocaust radically altered the significance of the Jewish Question and, still, the great philosopher did not speak. Lang interrogates Heidegger's silence for its possible meanings. He asks: What does it tell us about someone who prided himself on his ability to think that Heidegger ne...
The Global Prosecution of Core Crimes under International Law
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The b...
Torture, Power, and Law
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Law in Civil Society
Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must be constructed within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working...
Teaching Law
Teaching Law re-imagines law school teaching and scholarship by going beyond crises now besetting the legal academy and examining deeper and longer-lasting challenges. The book argues that the legal academy has long neglected the need to focus teaching and scholarship on the ideals of justice that law fitfully serves, the political origins of law, and the development of a respectful but critical relationship with the legal profession. It suggests reforms to improve the quality of legal education and responds to concerns that law schools eschew the study of justice, rendering students amoralist; that law schools slight the political sources of law, particularly in legislative action; and that law schools have ignored the profession entirely. These areas of neglect have impoverished legal teaching and scholarship as the academy is refashioned in response to current financial exigencies, and addressing them is long overdue.
