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The Fragility of Law

Author: David Fraser

Publisher: Routledge

Published: 2009-06-16

Total Pages: 301

ISBN-13: 113402181X

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The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.

Book Synopsis The Fragility of Law by : David Fraser

Download or read book The Fragility of Law written by David Fraser and published by Routledge. This book was released on 2009-06-16 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.

The Fragility of the 'Failed State' Paradigm

Author: Neyire Akpinarli

Publisher: BRILL

Published: 2010

Total Pages: 284

ISBN-13: 9004178120

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The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

Book Synopsis The Fragility of the 'Failed State' Paradigm by : Neyire Akpinarli

Download or read book The Fragility of the 'Failed State' Paradigm written by Neyire Akpinarli and published by BRILL. This book was released on 2010 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.

International Development Organizations and Fragile States

Author: Marie von Engelhardt

Publisher: Springer

Published: 2017-12-14

Total Pages: 259

ISBN-13: 3319626957

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This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

Book Synopsis International Development Organizations and Fragile States by : Marie von Engelhardt

Download or read book International Development Organizations and Fragile States written by Marie von Engelhardt and published by Springer. This book was released on 2017-12-14 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

Fragile Democracies

Author: Samuel Issacharoff

Publisher: Cambridge University Press

Published: 2015-06-17

Total Pages: 311

ISBN-13: 1107038707

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This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Book Synopsis Fragile Democracies by : Samuel Issacharoff

Download or read book Fragile Democracies written by Samuel Issacharoff and published by Cambridge University Press. This book was released on 2015-06-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Making Our Democracy Work

Author: Stephen Breyer

Publisher: Vintage

Published: 2011-09-13

Total Pages: 290

ISBN-13: 0307390837

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Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

Book Synopsis Making Our Democracy Work by : Stephen Breyer

Download or read book Making Our Democracy Work written by Stephen Breyer and published by Vintage. This book was released on 2011-09-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

The Fragility of Law

Author: David Fraser

Publisher: Routledge

Published: 2009-06-16

Total Pages: 575

ISBN-13: 1134021801

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Book Synopsis The Fragility of Law by : David Fraser

Download or read book The Fragility of Law written by David Fraser and published by Routledge. This book was released on 2009-06-16 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.

The Heart of Human Rights

Author: Allen Buchanan

Publisher: Oxford University Press

Published: 2013-10-23

Total Pages: 331

ISBN-13: 0199325391

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This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

Book Synopsis The Heart of Human Rights by : Allen Buchanan

Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

The Fragility of a Culture of Lawfulness

Author:

Publisher:

Published: 2018

Total Pages: 14

ISBN-13:

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The concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. Th e article argues that the practical value of that concept lies in its promise to create a fresh common narrative to support a broad range of human-rights inspired and democratically derived justice reforms. Th e authors refl ect on what makes a culture of lawfulness possible, how it always remains fragile, and how one might recognize signs that it is under attack. A culture of lawfulness is based on the genuine willingness of government offi - cials and members of society to hold themselves and one another accountable to the law, which requires a certain level of trust and confi dence in justice institutions and their ability to protect everyone from injustice and insecurity. Th e article emphasizes the role of justice reforms in sustaining such a culture. Law reform initiatives and the strengthening of justice institutions play a central role in fostering and shouldering a culture of lawfulness, particularly when such reforms are not limited to capacity building measures but also address the more fundamental need for greater fairness, accountability, transparency, and inclusiveness. What is a grave concern in many societies is the political failure to defend the rule of law and to proceed with the necessary justice reforms to ensure fairness, transparency, and accountability. One of the most important tasks today is to consolidate the culture of lawfulness wherever it has taken root.

Book Synopsis The Fragility of a Culture of Lawfulness by :

Download or read book The Fragility of a Culture of Lawfulness written by and published by . This book was released on 2018 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a culture of lawfulness is appealing for its aspirational and open-ended nature. However, the concept still has to prove itself as a concrete basis for action. Th e article argues that the practical value of that concept lies in its promise to create a fresh common narrative to support a broad range of human-rights inspired and democratically derived justice reforms. Th e authors refl ect on what makes a culture of lawfulness possible, how it always remains fragile, and how one might recognize signs that it is under attack. A culture of lawfulness is based on the genuine willingness of government offi - cials and members of society to hold themselves and one another accountable to the law, which requires a certain level of trust and confi dence in justice institutions and their ability to protect everyone from injustice and insecurity. Th e article emphasizes the role of justice reforms in sustaining such a culture. Law reform initiatives and the strengthening of justice institutions play a central role in fostering and shouldering a culture of lawfulness, particularly when such reforms are not limited to capacity building measures but also address the more fundamental need for greater fairness, accountability, transparency, and inclusiveness. What is a grave concern in many societies is the political failure to defend the rule of law and to proceed with the necessary justice reforms to ensure fairness, transparency, and accountability. One of the most important tasks today is to consolidate the culture of lawfulness wherever it has taken root.

Rehumanizing Law

Author: Randy D. Gordon

Publisher: University of Toronto Press

Published: 2011-01-01

Total Pages: 305

ISBN-13: 1442642297

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Originally presented as the author's thesis (Ph. D.)-- University of Edinburgh, 2009.

Book Synopsis Rehumanizing Law by : Randy D. Gordon

Download or read book Rehumanizing Law written by Randy D. Gordon and published by University of Toronto Press. This book was released on 2011-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (Ph. D.)-- University of Edinburgh, 2009.

Law and Sentiment in International Politics

Author: David Traven

Publisher: Cambridge University Press

Published: 2021-07

Total Pages: 327

ISBN-13: 1108845002

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Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.

Book Synopsis Law and Sentiment in International Politics by : David Traven

Download or read book Law and Sentiment in International Politics written by David Traven and published by Cambridge University Press. This book was released on 2021-07 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.