Rule Of Law Misrule Of Men

A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

What are the origins of human rights? This question, rarely asked before the end of the Cold War, has in recent years become a major focus of historical and ideological strife. In this sequence of reflective and critical studies, Samuel Moyn engages with some of the leading interpreters of human rights, thinkers who have been creating a field from scratch without due reflection on the local and temporal contexts of the stories they are telling. Having staked out his owns claims about the postwar origins of human rights discourse in his acclaimed Last Utopia, Moyn, in this volume, takes issue with rival conceptions—including, especially, those that underlie justifications of humanitarian intervention

In her engaging book, Constructing the Enemy, Rajini Srikanth probes the concept of empathy, attempting to understand its different types and how it is—or isn't—generated and maintained in specific circumstances. Using literary texts to illuminate issues of power and discussions of law, Srikanth focuses on two case studies— the internment of Japanese citizens and Japanese Americans in World War II, after the bombing of Pearl Harbor, and the detainment of Muslim Americans and individuals from various nations in the U.S. prison at Guantanamo Bay. Through primary documents and interviews that reveal why and how lawyers become involved in defending those who have been designated “enemies,” Srikanth explores the complex conditions under which engaged citizenship emerges. Constructing the Enemy probes the seductive promise of legal discourse and analyzes the emergence and manifestation of empathy in lawyers and other concerned citizens and the wider consequences of this empathy on the institutions that regulate our lives.

This pioneering collection brings together Suzanne Keen’s extensive body of work on empathy and reading, charting the development of narrative empathy as an area of inquiry in its own right and extending cross-disciplinary conversations about empathy evoked by reading. The volume offers a brief overview of the trajectory of research following the 2007 publication of Empathy and the Novel, with empathy understood as a suite of related phenomena as stimulated by representations in narratives. The book is organized around three thematic sections—theories; empathetic readers; and interdisciplinary applications—each preceded by a short framing essay. The volume features excerpts from the author’s seminal works on narrative empathy and makes available her harder-to-access contributions. The book brings different strands of the author’s research into conversation with existing debates, with the aim of inspiring future interdisciplinary research on narrative empathy. This book will be of interest to students and scholars in such fields as literary studies, cognitive science, emotion studies, affect studies, and applied contexts where empathetic practitioners work.

Intelligence gathering is in a state of flux. Enabled by massive computing power, new modes of communications analysis now touch the lives of citizens around the globe – not just those considered suspicious or threatening. Big Data Surveillance and Security Intelligence reveals the profound shift to “big data” practices that security agencies have made in recent years, as the increasing volume of information challenges traditional ways of gathering intelligence. In this astute collection, leading academics, civil society experts, and regulators debate the pressing questions this trend raises about civil liberties, human rights, and privacy protection in Canada.

Drawing on a postcolonial legal history of the United States’ territorial expansionism, this book provides an analysis of the foundations of its global empire. Charles R. Venator-Santiago argues that the United States has developed three traditions of territorial expansionism with corresponding constitutional interpretations, namely colonialist, imperialist, and global expansionist. This book offers an alternative interpretation of the origins of US global expansion, suggesting it began with the tradition of territorial expansionism following the 1898 Spanish–American War to legitimate the annexation of Puerto Rico and other non-contiguous territories. The relating constitutional interpretation grew out of the 1901 Insular Cases in which the Supreme Court coined the notion of an unincorporated territory to describe the 1900 Foraker Act’s normalization of the prevailing military territorial policies. Since then the United States has invoked the ensuing precedents to legitimate a wide array of global policies, including the ‘war on terror’. Puerto Rico and the Origins of US Global Empire: The Disembodied Shade combines a unique study of Puerto Rican legal history with a new interpretation of contemporary US policy. As such, it provides a valuable resource for students and scholars of the legal and historical disciplines, especially those with a specific interest in American and postcolonial studies.

One of The New York Times’ “6 Books to Read for Context on Ukraine” “A short and insightful primer” to the crisis in Ukraine and its implications for both the Crimean Peninsula and Russia’s relations with the West (New York Review of Books) The current conflict in Ukraine has spawned the most serious crisis between Russia and the West since the end of the Cold War. It has undermined European security, raised questions about NATO's future, and put an end to one of the most ambitious projects of U.S. foreign policy—building a partnership with Russia. It also threatens to undermine U.S. diplomatic efforts on issues ranging from terrorism to nuclear proliferation. And in the absence of direct negotiations, each side is betting that political and economic pressure will force the other to blink first. Caught in this dangerous game of chicken, the West cannot afford to lose sight of the importance of stable relations with Russia. This book puts the conflict in historical perspective by examining the evolution of the crisis and assessing its implications both for the Crimean Peninsula and for Russia’s relations with the West more generally. Experts in the international relations of post-Soviet states, political scientists Rajan Menon and Eugene Rumer clearly show what is at stake in Ukraine, explaining the key economic, political, and security challenges and prospects for overcoming them. They also discuss historical precedents, sketch likely outcomes, and propose policies for safeguarding U.S.-Russia relations in the future. In doing so, they provide a comprehensive and accessible study of a conflict whose consequences will be felt for many years to come.