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Author : Pierre Hazan
Publisher :
Page : 248 pages
File Size : 46,7 MB
Release : 2010
Category : Law
ISBN :
"Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --
Author : A. James McAdams
Publisher : Cambridge University Press
Page : 276 pages
File Size : 28,34 MB
Release : 2001-04-02
Category : History
ISBN : 9780521001397
This 2001 book examines how government of unified Germany has dealt with former government of Communist East Germany.
Author : David J. Barron
Publisher : Simon and Schuster
Page : 576 pages
File Size : 19,56 MB
Release : 2016-10-04
Category : Biography & Autobiography
ISBN : 1451681976
“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.
Author : Hans Petter Graver
Publisher : Springer
Page : 297 pages
File Size : 22,39 MB
Release : 2014-09-11
Category : Law
ISBN : 3662442930
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Author : Joan Wallach Scott
Publisher : Columbia University Press
Page : 80 pages
File Size : 39,1 MB
Release : 2020-09-22
Category : Philosophy
ISBN : 0231551908
In the face of conflict and despair, we often console ourselves by saying that history will be the judge. Today’s oppressors may escape being held responsible for their crimes, but the future will condemn them. Those who stand up for progressive values are on the right side of history. As ideas once condemned to the dustbin of history—white supremacy, hypernationalism, even fascism—return to the world, threatening democratic institutions and values, can we still hold out hope that history will render its verdict? Joan Wallach Scott critically examines the belief that history will redeem us, revealing the implicit politics of appeals to the judgment of history. She argues that the notion of a linear, ever-improving direction of history hides the persistence of power structures and hinders the pursuit of alternative futures. This vision of necessary progress perpetuates the assumption that the nation-state is the culmination of history and the ultimate source for rectifying injustice. Scott considers the Nuremberg Tribunal and South Africa’s Truth and Reconciliation Commission, which claimed to carry out history’s judgment on Nazism and apartheid, and contrasts them with the movement for reparations for slavery in the United States. Advocates for reparations call into question a national history that has long ignored enslavement and its racist legacies. Only by this kind of critical questioning of the place of the nation-state as the final source of history’s judgment, this book shows, can we open up room for radically different conceptions of justice.
Author : Leonard, Elizabeth
Publisher : Univ of North Carolina Press
Page : 433 pages
File Size : 47,32 MB
Release : 2011
Category : History
ISBN : 0807835005
This manuscript is the first biography of Joseph Holt, the U.S. Army's Judge Advocate General during the Civil War. Leonard argues that Holt has been portrayed as more or less a caricature of himself, flatly represented as the brutal prosecutor of Lincoln's assassins and the judge who allowed Mary Surratt to be hanged despite knowing her sentence had been reduced. Leonard contends that the southern view of Holt became the predominant way we see him, in large part because the memory perpetrated by the Lost Cause defined Holt as ruthless toward Southerners and the South. But Leonard argues that there is much more to Holt than what sympathizers with the Lost Cause came to think of him, and she tells his story here, from his early life in Kentucky to his wartime life as a member of Lincoln's administration to his postwar life as the prosecutor of Lincoln's assassins. Perhaps most important, Leonard will look at the erasure of Holt from American memory and investigate how such a significant figure has come to be so widely misunderstood.
Author : Yves Beigbeder
Publisher : BRILL
Page : 402 pages
File Size : 31,72 MB
Release : 2006-09-01
Category : Law
ISBN : 904741070X
This volume shows that even democratic countries, like France but not France alone, can commit war crimes, crimes against humanity and even be accomplices in genocides. However, past crimes must be recalled and exposed, particularly if they have been hidden, covered by amnesties, and not judicially punished. They must be visible as part of a country’s history in order to ensure that they are not repeated.
Author : Aharon Barak
Publisher : Princeton University Press
Page : 355 pages
File Size : 20,65 MB
Release : 2009-01-10
Category : Law
ISBN : 1400827043
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author : Edward H. Judge
Publisher : Rowman & Littlefield
Page : 399 pages
File Size : 22,83 MB
Release : 2024-06-10
Category : History
ISBN : 1538195690
This text is a comprehensive collection of more than 100 carefully edited documents (speeches, treaties, statements, and articles), making the great events of the era come alive through the words and phrases of those who were actively involved. Coverage traces the Cold War from its roots in East-West tensions before and during World War II through its origins in the immediate postwar era, up to and including the collapse of the Soviet Union during 1989-1991.
Author : Francine Hirsch
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 35,94 MB
Release : 2020
Category : LAW
ISBN : 0199377936
"Soviet Judgment at Nuremberg reveals the pivotal role the Soviet Union played in the Nuremberg Trials of 1945 and 1946. The Nuremberg Trials (IMT), most notable for their aim to bring perpetrators of Nazi war crimes to justice in the wake of World War II, paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this new history of the trials, a central part of the story has been ignored or forgotten: the critical role the Soviet Union played in making them happen in the first place. While there were practical reasons for this omission--until recently, critical Soviet documents about Nuremberg were buried in the former Soviet archives, and even Russian researchers had limited access--Hirsch shows that there were political reasons as well. The Soviet Union was regarded by its wartime Allies not just as a fellow victor but a rival, and it was not in the interests of the Western powers to highlight the Soviet contribution to postwar justice"--