Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0011
- Subject:
- Political Science, Political Theory
Ch. 10 summarized the main proposals for reform that have been argued in this book, briefly restating the moral framework linking justice, legitimacy, and self‐determination that grounds them, and ...
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Ch. 10 summarized the main proposals for reform that have been argued in this book, briefly restating the moral framework linking justice, legitimacy, and self‐determination that grounds them, and noting that implementing the proposed reforms probably would require significant changes in international law regarding armed intervention. The aims of this chapter are (1) to explain more fully why a new legal framework for armed intervention is needed for successful legal reform, (2) to examine the advantages and disadvantages of the major types of strategies for achieving the needed reform in the law of armed intervention, from the perspective of both feasibility and morality, and (3) to show that the most promising strategy for reform may be the creation of a treaty‐based, rule‐governed liberal‐democratic regime for armed intervention that bypasses the current UN Charter‐based requirement of Security Council authorization and that does not depend upon the US to act as the world's policeman. In addition, it is argued that although the most promising strategy for reform may require violating existing international law, it is nonetheless morally justifiable. The more general point made is that under certain conditions a willingness to violate existing international law for the sake of reforming it can be not only consistent with a sincere commitment to the rule of law, but even required by it. The six sections of the chapter are: I. The Need for Reform regarding the Law of Intervention; II. Three Types of Strategies for Legal Reform; III. The Morality of Illegal Legal Reform; IV. The Commitment to the Rule of Law; V. Moral Authority; and VI. Conclusions.Less
Ch. 10 summarized the main proposals for reform that have been argued in this book, briefly restating the moral framework linking justice, legitimacy, and self‐determination that grounds them, and noting that implementing the proposed reforms probably would require significant changes in international law regarding armed intervention. The aims of this chapter are (1) to explain more fully why a new legal framework for armed intervention is needed for successful legal reform, (2) to examine the advantages and disadvantages of the major types of strategies for achieving the needed reform in the law of armed intervention, from the perspective of both feasibility and morality, and (3) to show that the most promising strategy for reform may be the creation of a treaty‐based, rule‐governed liberal‐democratic regime for armed intervention that bypasses the current UN Charter‐based requirement of Security Council authorization and that does not depend upon the US to act as the world's policeman. In addition, it is argued that although the most promising strategy for reform may require violating existing international law, it is nonetheless morally justifiable. The more general point made is that under certain conditions a willingness to violate existing international law for the sake of reforming it can be not only consistent with a sincere commitment to the rule of law, but even required by it. The six sections of the chapter are: I. The Need for Reform regarding the Law of Intervention; II. Three Types of Strategies for Legal Reform; III. The Morality of Illegal Legal Reform; IV. The Commitment to the Rule of Law; V. Moral Authority; and VI. Conclusions.
Ashley Baggett
- Published in print:
- 2017
- Published Online:
- May 2019
- ISBN:
- 9781496815217
- eISBN:
- 9781496815255
- Item type:
- book
- Publisher:
- University Press of Mississippi
- DOI:
- 10.14325/mississippi/9781496815217.001.0001
- Subject:
- Society and Culture, Gender Studies
Intimate Partner Violence in New Orleans: Gender, Race, and Reform, 1840–1900 examines the shifting nature of gender, race, and intimate partner violence in New Orleans—a place dramatically affected ...
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Intimate Partner Violence in New Orleans: Gender, Race, and Reform, 1840–1900 examines the shifting nature of gender, race, and intimate partner violence in New Orleans—a place dramatically affected by countless social and cultural changes during six decades that encompassed the end of American slavery, the Civil War, Reconstruction, and the new and oppressive racial order that ushered in the twentieth century. The work utilizes documentation contained in local and state court cases to make new arguments about gender representation, legal reform, and the changing ways in which intimate partner violence was practiced and controlled and sanctioned and prohibited. It offers new insight to regional distinctiveness the South and race played into cultural and legal practices.Less
Intimate Partner Violence in New Orleans: Gender, Race, and Reform, 1840–1900 examines the shifting nature of gender, race, and intimate partner violence in New Orleans—a place dramatically affected by countless social and cultural changes during six decades that encompassed the end of American slavery, the Civil War, Reconstruction, and the new and oppressive racial order that ushered in the twentieth century. The work utilizes documentation contained in local and state court cases to make new arguments about gender representation, legal reform, and the changing ways in which intimate partner violence was practiced and controlled and sanctioned and prohibited. It offers new insight to regional distinctiveness the South and race played into cultural and legal practices.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- book
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.001.0001
- Subject:
- Information Science, Library Science
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded ...
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The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.Less
The digital economy has great potential, but it also entails risks. The notion of personal property and ownership is under threat because of the shift to digital distribution and ubiquitous embedded software. This book makes a case for the importance of ownership in the digital age. It argues that the rights associated with ownership serve critical functions of promoting cultural preservation and innovation as well as protecting consumer autonomy. Technological developments and the aggressive efforts of IP rights holders, however, are gradually eroding the concept of ownership. There has been a disconcerting trend of courts bypassing the default rules of property law; the rights acquired by consumers through purchase are defined instead by license agreements drafted by IP rights holders or retailers. In addition to license agreements, IP rights holders also employ technological methods such as Digital Rights Management (DRM) to restrict consumer use and protect their intellectual property. The matter is made worse by online retailers’ insufficient disclosure, which frequently uses words like “buy” or “own” to offer false promises of ownership. The loss of personal property rights has serious consequence not just for individual consumers; an important institutional actor – the public library – is also struggling to deal with the shift to digital collections and the corresponding restrictions imposed by IP rights holders. In response to these threats to ownership, the book explores legal as well as technological solutions, and presents a powerful argument for informed consumer choice in the digital marketplace.
Birgit Lang
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780719099434
- eISBN:
- 9781526124098
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719099434.003.0005
- Subject:
- History, History of Ideas
State Prosecutor and legal reformer Erich Wulffen used the case study genre for legal and largely didactic purposes. Chapter 4 illustrates the adoption of the conventions of sexological case writing ...
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State Prosecutor and legal reformer Erich Wulffen used the case study genre for legal and largely didactic purposes. Chapter 4 illustrates the adoption of the conventions of sexological case writing by the legal fraternity in twentieth-century Central Europe, and ways in which Wulffen brought the case study genre from the hidden world of the court to the wider public. In doing this, Wulffen carved a niche for himself as an expert in legal reform and sexology in Wilhelmine and Weimar Germany. He embraced different kinds of case modalities over the course of his professional career, targeting professional, middle-class audiences and the wider reading public during his thirty years in the role of prosecutor. The changing success of Wulffen’s publications highlights the intensifying crisis of the expert case study as a modality able to ‘speak the truth’ about modern sexuality and deviance. While Wulffen’s expert case studies about con men and other criminals were highly successful during the Wilhelmine era, the same approach and model for case writing met a more critical audience after 1918. Wulffen embraced the challenge of a new democratic environment by writing implicitly didactical popular crime novels. However, eventually his criminal subjects literally ‘wrote back’ after their sensationalised trials, using case studies in an attempt to narrate their own versions of events. The accounts of these criminals-turned-writers such as convicted paedophile Edith Cadivec. Thus the popularisation of sensationalist case studies, written, for instance, by perpetrators of crime, was an important factor in the case study genre’s loss of respectability.Less
State Prosecutor and legal reformer Erich Wulffen used the case study genre for legal and largely didactic purposes. Chapter 4 illustrates the adoption of the conventions of sexological case writing by the legal fraternity in twentieth-century Central Europe, and ways in which Wulffen brought the case study genre from the hidden world of the court to the wider public. In doing this, Wulffen carved a niche for himself as an expert in legal reform and sexology in Wilhelmine and Weimar Germany. He embraced different kinds of case modalities over the course of his professional career, targeting professional, middle-class audiences and the wider reading public during his thirty years in the role of prosecutor. The changing success of Wulffen’s publications highlights the intensifying crisis of the expert case study as a modality able to ‘speak the truth’ about modern sexuality and deviance. While Wulffen’s expert case studies about con men and other criminals were highly successful during the Wilhelmine era, the same approach and model for case writing met a more critical audience after 1918. Wulffen embraced the challenge of a new democratic environment by writing implicitly didactical popular crime novels. However, eventually his criminal subjects literally ‘wrote back’ after their sensationalised trials, using case studies in an attempt to narrate their own versions of events. The accounts of these criminals-turned-writers such as convicted paedophile Edith Cadivec. Thus the popularisation of sensationalist case studies, written, for instance, by perpetrators of crime, was an important factor in the case study genre’s loss of respectability.
Rebecca Neaera Abers
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199985265
- eISBN:
- 9780199364367
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199985265.003.0004
- Subject:
- Political Science, Environmental Politics
This chapter focusses on the interaction between law-making and the implementation of new reform models. The main focus of the chapter is on the decade following the passage of the 1997 National ...
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This chapter focusses on the interaction between law-making and the implementation of new reform models. The main focus of the chapter is on the decade following the passage of the 1997 National Water Law and on the process through which a diversity of actors participated in making a key component of the law operational: a pricing system for water use in which river basin committees would play a central decision-making role. Ambiguities in the 1997 law meant that pricing could not work without further legal reform. By creating new organizations, such as the National Water Agency, and by investing in a pilot experience in water pricing, the coalitional prospects for passing such legislation changed. Although the concrete results were frustrating from the perspective of water management, the process demonstrates the interconnections between organization building, experimental practices and law making.Less
This chapter focusses on the interaction between law-making and the implementation of new reform models. The main focus of the chapter is on the decade following the passage of the 1997 National Water Law and on the process through which a diversity of actors participated in making a key component of the law operational: a pricing system for water use in which river basin committees would play a central decision-making role. Ambiguities in the 1997 law meant that pricing could not work without further legal reform. By creating new organizations, such as the National Water Agency, and by investing in a pilot experience in water pricing, the coalitional prospects for passing such legislation changed. Although the concrete results were frustrating from the perspective of water management, the process demonstrates the interconnections between organization building, experimental practices and law making.
Ryan A. Quintana
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781469642222
- eISBN:
- 9781469641089
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469642222.003.0006
- Subject:
- History, African-American History
This chapter explores South Carolina’s developmental policy and reform agenda in the post-War of 1812 era, arguing that public works and the labor of state slaves were part of a broader project ...
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This chapter explores South Carolina’s developmental policy and reform agenda in the post-War of 1812 era, arguing that public works and the labor of state slaves were part of a broader project seeking to produce both the state as well as liberal subjectivity. As the chapter argues, while South Carolinians were influenced by broader governing trends throughout the Atlantic world, their experience was directly shaped by the everyday practices of the state’s enslaved majority, who they absolutely relied upon. Subsequently, leaders broadened their vision of the state to accommodate the violence required for its maintenance.Less
This chapter explores South Carolina’s developmental policy and reform agenda in the post-War of 1812 era, arguing that public works and the labor of state slaves were part of a broader project seeking to produce both the state as well as liberal subjectivity. As the chapter argues, while South Carolinians were influenced by broader governing trends throughout the Atlantic world, their experience was directly shaped by the everyday practices of the state’s enslaved majority, who they absolutely relied upon. Subsequently, leaders broadened their vision of the state to accommodate the violence required for its maintenance.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.003.0021
- Subject:
- History, American History: 20th Century
Beginning with a summary of the dark economic picture that confronted the presidential election of 2008, this chapter covers the election of Barack Obama and its relevance to the Middle District of ...
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Beginning with a summary of the dark economic picture that confronted the presidential election of 2008, this chapter covers the election of Barack Obama and its relevance to the Middle District of Florida. The Obama Justice Department and the selection of new justices and magistrates as well as their backgrounds are covered. Middle Florida district judges, magistrate judges, and bankruptcy judges often joined other American jurists who participated in international symposiums and conferences sharing elements of American jurisprudence with those attempting to establish the rule of law in former totalitarian countries. The highlights of these activities are covered. In the early 2000s the Middle District developed and implemented historical and other important initiatives, such as developing courthouse exhibits and understood the publication of an historical book. These initiatives are chronicled in this final chapter.Less
Beginning with a summary of the dark economic picture that confronted the presidential election of 2008, this chapter covers the election of Barack Obama and its relevance to the Middle District of Florida. The Obama Justice Department and the selection of new justices and magistrates as well as their backgrounds are covered. Middle Florida district judges, magistrate judges, and bankruptcy judges often joined other American jurists who participated in international symposiums and conferences sharing elements of American jurisprudence with those attempting to establish the rule of law in former totalitarian countries. The highlights of these activities are covered. In the early 2000s the Middle District developed and implemented historical and other important initiatives, such as developing courthouse exhibits and understood the publication of an historical book. These initiatives are chronicled in this final chapter.
Graham T. Nessler
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9781469626864
- eISBN:
- 9781469626888
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469626864.003.0002
- Subject:
- History, Latin American History
This chapter examines the role of Spanish Santo Domingo in the early years of the Haitian Revolution, focusing principally on the advent of emancipation in French Saint-Domingue in the summer and ...
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This chapter examines the role of Spanish Santo Domingo in the early years of the Haitian Revolution, focusing principally on the advent of emancipation in French Saint-Domingue in the summer and fall of 1793. The chapter argues that critical events of this period in Saint-Domingue, such as the disastrous “revolt” of the free-colored businessman-turned-activist Vincent Ogé, the August 1791 slave rebellion, and the piecemeal legal reforms of Léger-Félicité Sonthonax and Étienne Polverel leading to general emancipation, were all significantly influenced by a deep history of interactions with Spanish Santo Domingo. In presenting a political and intellectual history of the coming of emancipation to Hispaniola, this chapter makes a case for the centrality of the political discourses of certain key freed military leaders—preserved in extant governmental and personal correspondence—in enabling the first French Republican slave emancipation.Less
This chapter examines the role of Spanish Santo Domingo in the early years of the Haitian Revolution, focusing principally on the advent of emancipation in French Saint-Domingue in the summer and fall of 1793. The chapter argues that critical events of this period in Saint-Domingue, such as the disastrous “revolt” of the free-colored businessman-turned-activist Vincent Ogé, the August 1791 slave rebellion, and the piecemeal legal reforms of Léger-Félicité Sonthonax and Étienne Polverel leading to general emancipation, were all significantly influenced by a deep history of interactions with Spanish Santo Domingo. In presenting a political and intellectual history of the coming of emancipation to Hispaniola, this chapter makes a case for the centrality of the political discourses of certain key freed military leaders—preserved in extant governmental and personal correspondence—in enabling the first French Republican slave emancipation.
