When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.
This provocative book brings together twenty-plus contributors from the fields of law, economics, and international relations to look at whether the U.S. legal system is contributing to the country’s
Do extreme, unethical governmental policies often produce results opposite to those intended? This book considers the ironic outcomes of recent global events and concludes that there is a a€?rule of r
In Blockchain Democracy, William Magnuson provides a breathtaking tour of the world of blockchain and bitcoin, from their origins in the online scribblings of a shadowy figure named Satoshi Nakamoto, to their furious rise and dramatic crash in the 2010s, to their ignominious connections to the dark web and online crime. Magnuson argues that blockchain's popularity stands as a testament both to the depth of distrust of government today, and also to the fervent and undying belief that technology and the world of cyberspace can provide an answer. He demonstrates how blockchain's failings provide broader lessons about what happens when technology runs up against the stubborn realities of law, markets, and human nature. This book should be read by anyone interested in understanding how technology is changing our democracy, and how democracy is changing our technology.
In Blockchain Democracy, William Magnuson provides a breathtaking tour of the world of blockchain and bitcoin, from their origins in the online scribblings of a shadowy figure named Satoshi Nakamoto, to their furious rise and dramatic crash in the 2010s, to their ignominious connections to the dark web and online crime. Magnuson argues that blockchain's popularity stands as a testament both to the depth of distrust of government today, and also to the fervent and undying belief that technology and the world of cyberspace can provide an answer. He demonstrates how blockchain's failings provide broader lessons about what happens when technology runs up against the stubborn realities of law, markets, and human nature. This book should be read by anyone interested in understanding how technology is changing our democracy, and how democracy is changing our technology.
This book introduces a new methodology for the analysis of test results. Free from ambiguous interpretations, the results truly demonstrate an individual’s progress. The methodology is ideal for highl
This book introduces a new methodology for the analysis of test results. Free from ambiguous interpretations, the results truly demonstrate an individual’s progress. The methodology is ideal for
The book provides analysis of the principal rules of trust law which control the exercise of powers and discretions by trustees. The primary focus is on the principle known as "the Rule inRe
This book explores the way domestic courts contribute to the maintenance of the international rule of law by providing judicial control over the exercises of public powers that may conflict with inte
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how
How has Russia's political elite struggled to build a federal system of government out of the rubble of the Soviet empire? This ground-breaking book examines the public debates, official documents, an
Over much of its rule, the regime of Hafez al-Asad and his successor Bashar al-Asad deployed violence on a massive scale to maintain its grip on political power. In this book, Salwa Ismail examines the rationalities and mechanisms of governing through violence. In a detailed and compelling account, Ismail shows how the political prison and the massacre, in particular, developed as apparatuses of government, shaping Syrians' political subjectivities, defining their understanding of the terms of rule and structuring their relations and interactions with the regime and with one another. Examining ordinary citizens' everyday life experiences and memories of violence across diverse sites, from the internment camp and the massacre to the family and school, The Rule of Violence demonstrates how practices of violence, both in their routine and spectacular forms, fashioned Syrians' affective life, inciting in them feelings of humiliation and abjection, and infusing their lived environment with
Over much of its rule, the regime of Hafez al-Asad and his successor Bashar al-Asad deployed violence on a massive scale to maintain its grip on political power. In this book, Salwa Ismail examines the rationalities and mechanisms of governing through violence. In a detailed and compelling account, Ismail shows how the political prison and the massacre, in particular, developed as apparatuses of government, shaping Syrians' political subjectivities, defining their understanding of the terms of rule and structuring their relations and interactions with the regime and with one another. Examining ordinary citizens' everyday life experiences and memories of violence across diverse sites, from the internment camp and the massacre to the family and school, The Rule of Violence demonstrates how practices of violence, both in their routine and spectacular forms, fashioned Syrians' affective life, inciting in them feelings of humiliation and abjection, and infusing their lived environment with
This new book sets out to examine the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Inste
The book explores the unique constitutional model in operation in Thailand. Utilising the concept of 'mixed constitutional monarchy', it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. It goes further to show the institutionalised nature of the Thai monarchy by studying its constitutional texts in light of local doctrine.These findings challenge commonly accepted claims about Thailand, arguing that any political and constitutional instability is not the result of its borrowing from Western constitutionalism, as generally thought. Rather, it shows that the monarchy's use of constitutionalism is the prime driver of that instability. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from its origins to the present day.
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law in Post-Conflict States provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the interna
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
