For centuries, oligarchs were viewed as empowered by wealth, an idea muddled by elite theory early in the twentieth century. The common thread for oligarchs across history is that wealth defines them, empowers them and inherently exposes them to threats. The existential motive of all oligarchs is wealth defense. How they respond varies with the threats they confront, including how directly involved they are in supplying the coercion underlying all property claims and whether they act separately or collectively. These variations yield four types of oligarchy: warring, ruling, sultanistic and civil. Moreover, the rule of law problem in many societies is a matter of taming oligarchs. Cases studied in this book include the United States, ancient Athens and Rome, Indonesia, the Philippines, Singapore, medieval Venice and Siena, mafia commissions in the United States and Italy, feuding Appalachian families and early chiefs cum oligarchs dating from 2300 BCE.
Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.
Russia Since 1980 recounts the epochal political, economic, and social changes that destroyed the Soviet Union, ushering in a perplexing new order. Two decades after Mikhail Gorbachev initiated regime-wrecking radical reforms, Russia has reemerged as a superpower. It has survived a hyperdepression, modernized, restored private property and business, adopted a liberal democratic persona, and asserted claims to global leadership. Many in the West perceive these developments as proof of a better globalized tomorrow, while others foresee a new cold war. Globalizers contend that Russia is speedily democratizing, marketizing, and humanizing, creating a regime based on the rule of law and respect for civil rights. Opponents counterclaim that Russia before and during the Soviet period was similarly misportrayed and insist that Medvedev's Russia is just another variation of an authoritarian 'Muscovite' model that has prevailed for over five centuries. The cases for both positions are explored w
This book examines the central questions of ethics through a study of theories of right and wrong that are found in the great ethical works of Western philosophy. It focuses on theories that continue to have a significant presence in the field. The core chapters cover egoism, the eudaimonism of Plato and Aristotle, act and rule utilitarianism, modern natural law theory, Kant's moral theory, and existentialist ethics. Readers will be introduced not only to the main ideas of each theory but to contemporary developments and defenses of those ideas. A final chapter takes up topics in meta-ethics and moral psychology. The discussions throughout draw the reader into philosophical inquiry through argument and criticism that illuminate the profundity of the questions under examination. Students will find this book to be a very helpful guide to how philosophical inquiry is undertaken as well as to what the major theories in ethics hold.
This book examines the central questions of ethics through a study of theories of right and wrong that are found in the great ethical works of Western philosophy. It focuses on theories that continue to have a significant presence in the field. The core chapters cover egoism, the eudaimonism of Plato and Aristotle, act and rule utilitarianism, modern natural law theory, Kant's moral theory, and existentialist ethics. Readers will be introduced not only to the main ideas of each theory but to contemporary developments and defenses of those ideas. A final chapter takes up topics in meta-ethics and moral psychology. The discussions throughout draw the reader into philosophical inquiry through argument and criticism that illuminate the profundity of the questions under examination. Students will find this book to be a very helpful guide to how philosophical inquiry is undertaken as well as to what the major theories in ethics hold.
Russia Since 1980 recounts the epochal political, economic, and social changes that destroyed the Soviet Union, ushering in a perplexing new order. Two decades after Mikhail Gorbachev initiated regime-wrecking radical reforms, Russia has reemerged as a superpower. It has survived a hyperdepression, modernized, restored private property and business, adopted a liberal democratic persona, and asserted claims to global leadership. Many in the West perceive these developments as proof of a better globalized tomorrow, while others foresee a new cold war. Globalizers contend that Russia is speedily democratizing, marketizing, and humanizing, creating a regime based on the rule of law and respect for civil rights. Opponents counterclaim that Russia before and during the Soviet period was similarly misportrayed and insist that Medvedev's Russia is just another variation of an authoritarian 'Muscovite' model that has prevailed for over five centuries. The cases for both positions are explored w
This book offers a path-breaking, empirically grounded theory that reframes the study of law and society. It shifts research from a predominantly national context to one that places transnational, national and local lawmaking and practice within a single, coherent, analytic frame. By presenting and elaborating a new concept, transnational legal orders, Halliday and Shaffer present an original approach to legal orders that affect fundamental economic and social behaviors. The contributors generate arrays of hypotheses about how transnational legal orders rise and fall, where they compete and cooperate, and how they settle and unsettle. This original theory is applied and developed by distinguished scholars from North America, Europe and Asia in business law (taxation, corporate bankruptcy, secured transactions, transport of goods by sea), regulatory law (monetary and trade, finance, food safety, climate change), and human rights law (civil and political rights, rule of law, right to hea
There is an obvious need to learn more about why some countries succeed and others fail when dealing with debt crises. Why do some sovereign debtors overcome economic problems very quickly and at minor human rights costs for their people, while others remain trapped by debts for years struggling with overwhelming debt burdens and exacerbating economic problems and human suffering? This book analyzes fourteen unique or singular country cases of sovereign debt problems that differ characteristically from the 'ordinary' debtor countries, and have not yet received enough or proper attention - some regarded as successful, some as unsuccessful in dealing with debt crises. The aim is to contribute to a better understanding of the policy options available to countries struggling with debt problems, or how to resolve a debt overhang while protecting human rights, the Rule of Law and the debtor's economic recovery.
Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
In the aftermath of the financial panic of 1893, Nikola Tesla and the Centurions of Science are all that stand between the rule of law and a shadowy cabal of corrupt industrialists plotting to usurp t
This book proposes a new way of understanding events throughout the world that are usually interpreted as democratization, rising authoritarianism, or revolution. Where the rule of law is weak and corruption pervasive, what may appear to be democratic or authoritarian breakthroughs are often just regular, predictable phases in longer-term cyclic dynamics - patronal politics. This is shown through in-depth narratives of the post-1991 political history of all post-Soviet polities that are not in the European Union. This book also includes chapters on czarist and Soviet history and on global patterns.
This book proposes a new way of understanding events throughout the world that are usually interpreted as democratization, rising authoritarianism, or revolution. Where the rule of law is weak and corruption pervasive, what may appear to be democratic or authoritarian breakthroughs are often just regular, predictable phases in longer-term cyclic dynamics - patronal politics. This is shown through in-depth narratives of the post-1991 political history of all post-Soviet polities that are not in the European Union. This book also includes chapters on czarist and Soviet history and on global patterns.
Soviet Criminal Justice under Stalin, first published in 1997, is a comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule. Using recently declassified archives, Peter Solomon tells the revealing story of non-political justice, on the local scene as well as in the center. Contrary to conventional wisdom, Solomon emphasizes the initial weakness of the Soviet state and the limits of Stalin's capacity to rule. Solomon's study also offers new perspectives on collectivization, the Great Terror, the politics of abortion and the disciplining of the labour force. This book should appeal to anyone interested in the political, social, or legal history of the USSR, judicial reform in post-Soviet states, law in authoritarian regimes, or comparative legal development.
In the aftermath of the financial panic of 1893, Nikola Tesla and the Centurions of Science are all that stand between the rule of law and a shadowy cabal of corrupt industrialists plotting to usurp t
Lively debates about narratives of historical progress, the conditions for international justice, and the implications of globalisation have prompted a renewed interest in Kant's Idea for a Universal History with a Cosmopolitan Aim. The essays in this volume, written by distinguished contributors, discuss the questions that are at the core of Kant's investigations. Does the study of history convey any philosophical insight? Can it provide political guidance? How are we to understand the destructive and bloody upheavals that constitute so much of human experience? What connections, if any, can be traced between politics, economics, and morality? What is the relation between the rule of law in the nation state and the advancement of a cosmopolitan political order? These questions and others are examined and discussed in a book that will be of interest to philosophers, social and political theorists, and intellectual and cultural historians.
A New Kencyrath Novel!Jamethiel Knorth, Priest's Bane and Dream-Weaver, has returned victorious from Tai-tastigon, but trouble dogs the Kencyrath. There is intrigue among the Highborn. The Randir and his allies want the larger houses to decide for all nine, which would strip the Highlordship from the Knorth. At Omiroth, a senile king struggles against his venal son-in-law -- but if neither of these can rule, the next in line is a mother-dominated child. Kindrie Soul-Walker is captured and thrown in a secret dungeon, a political prisoner. And a Kendar administrator, dissatisfied with the use that Jame is making of the gates, schemes against her, and then against her house and her brother, Torisen Black Lord, Highlord of the Kencyrath.While Tori defends Gothregor and Kindrie rots a secret captive, Jame rides south to Bashti. Here she confronts an unready and presumptuous heir, a withholding and manipulative paymaster, and invisible assassins. Her formal errand, meanwhile, is to compete i
Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United S
This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing 'insurance' to prospective electoral losers, judicial re
This book addresses two questions that are crucial to understanding Mexico's current economic and political challenges. Why did the opening up of the economy to foreign trade and investment not result in sustained economic growth? Why has electoral democracy not produced rule of law? The answer to those questions lies in the ways in which Mexico's long history with authoritarian government shaped its judicial, taxation, and property rights institutions. These institutions, the authors argue, cannot be reformed with the stroke of a pen. Moreover, they represent powerful constraints on the ability of the Mexican government to fund welfare-enhancing reforms, on the ability of firms and households to write contracts, and on the ability of citizens to enforce their basic rights.
