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The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)
by Laura K. DonohueSince the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
The Right To Be Loved
by S. Matthew LiaoS. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing a good life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights.
Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions
by Wadie E. SaidThe U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.
Madeleine's Children: Family, Freedom, Secrets, and Lies in France's Indian Ocean Colonies
by Sue PeabodyMadeleine's Children uncovers a multigenerational saga of an enslaved family in India and two islands, Réunion and Mauritius, in the eastern empires of France and Britain during the eighteenth and nineteenth centuries. A tale of legal intrigue, it reveals the lives and secret relationships between slaves and free people that have remained obscure for two centuries. As a child, Madeleine was pawned by her impoverished family and became the slave of a French woman in Bengal. She accompanied her mistress to France as a teenager, but she did not challenge her enslavement there on the basis of France's Free Soil principle, a consideration that did not come to light until future lawyers investigated her story. In France, a new master and mistress purchased her, despite laws prohibiting the sale of slaves within the kingdom. The couple transported Madeleine across the ocean to their plantation in the Indian Ocean colonies, where she eventually gave birth to three children: Maurice, Constance, and Furcy. One died a slave and two eventually became free, but under very different circumstances. On 21 November 1817, Furcy exited the gates of his master's mansion and declared himself a free man. The lawsuit waged by Furcy to challenge his wrongful enslavement ultimately brought him before the Royal Court of Paris, despite the extreme measures that his putative master, Joseph Lory, deployed to retain him as his slave. A meticulous work of archival detection, Madeleine's Children investigates the cunning, clandestine, and brutal strategies that masters devised to keep slaves under their control-and paints a vivid picture of the unique and evolving meanings of slavery and freedom in the Indian Ocean world.
Madeleine's Children: Family, Freedom, Secrets, and Lies in France's Indian Ocean Colonies
by Sue PeabodyMadeleine's Children uncovers a multigenerational saga of an enslaved family in India and two islands, Réunion and Mauritius, in the eastern empires of France and Britain during the eighteenth and nineteenth centuries. A tale of legal intrigue, it reveals the lives and secret relationships between slaves and free people that have remained obscure for two centuries. As a child, Madeleine was pawned by her impoverished family and became the slave of a French woman in Bengal. She accompanied her mistress to France as a teenager, but she did not challenge her enslavement there on the basis of France's Free Soil principle, a consideration that did not come to light until future lawyers investigated her story. In France, a new master and mistress purchased her, despite laws prohibiting the sale of slaves within the kingdom. The couple transported Madeleine across the ocean to their plantation in the Indian Ocean colonies, where she eventually gave birth to three children: Maurice, Constance, and Furcy. One died a slave and two eventually became free, but under very different circumstances. On 21 November 1817, Furcy exited the gates of his master's mansion and declared himself a free man. The lawsuit waged by Furcy to challenge his wrongful enslavement ultimately brought him before the Royal Court of Paris, despite the extreme measures that his putative master, Joseph Lory, deployed to retain him as his slave. A meticulous work of archival detection, Madeleine's Children investigates the cunning, clandestine, and brutal strategies that masters devised to keep slaves under their control-and paints a vivid picture of the unique and evolving meanings of slavery and freedom in the Indian Ocean world.
The Futility of Law and Development: China and the Dangers of Exporting American Law
by Jedidiah J. KronckeFor all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious engagement with, and often admiration for, Chinese law in the Revolutionary era to begin his history of how America lost this Founding commitment to legal cosmopolitanism and developed a contemporary legal culture both parochial in its resistance to engaging foreign legal experience and universalist in its messianic desire to export American law abroad. Kroncke reveals how the under-appreciated, but central role of Sino-American relations in this decline over two centuries, significantly reshaped in the early 20th century as American lawyer-missionaries helped inspire the first modern projects of American humanitarian internationalism through legal development. Often forgotten today after the rise of the Chinese Communist Party in 1949, the Sino-American relationship in the early 20th century was a key crucible for articulating this vision as Americans first imagined waves of Americanization abroad in the wake of China's 1911 Republican revolution. Drawing in historical threads from religious, legal and foreign policy work, the book demonstrates how American comparative law ultimately became a marginalized practice in this process. The marginalization belies its central place in earlier eras of American political and legal reform. In doing so, the book reveals how the cosmopolitan dynamism so prevalent at the Founding is a lost virtue that today comprises a serious challenge to American legal culture and its capacity for legal innovation in the face of an increasingly competitive and multi-polar 21st century. Once again, America's relationship with China presents a critical opportunity to recapture this lost virtue and stimulate the searching cosmopolitanism that helped forge the original foundations of American democracy.
Courting Peril: The Political Transformation of the American Judiciary
by Charles Gardner GeyhThe rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.
Valuing Health: Well-Being, Freedom, and Suffering (Population-Level Bioethics)
by Daniel M. HausmanIn Valuing Health Daniel M. Hausman provides a philosophically sophisticated overview of generic health measurement that suggests improvements in standard methods and proposes a radical alternative. He shows how to avoid relying on surveys and instead evaluate health states directly. Hausman goes on to tackle the deep problems of evaluation, offering an account of fundamental evaluation that does not presuppose the assignment of values to the properties and consequences of alternatives. After discussing the purposes of generic health measurement, Hausman defends a naturalistic concept of health and its relations to measures such as quality-adjusted life-years (QALYs) and disability-adjusted life years (DALYs). In examining current health-measurement systems, Valuing Health clarifies their value commitments and the objections to relying on preference surveys to assign values to health states. Relying on an interpretation of liberal political philosophy, Hausman argues that the public value of health states should be understood in terms of the activity limits and suffering that health states impose. Hausman also addresses the moral conundrums that arise when policy-makers attempt to employ the values of health states to estimate the health benefits of alternative policies and to adopt the most cost-effective. He concludes with a general discussion of the difficulties of combining consequentialist and non-consequentialist moral considerations in policy-making.
Valuing Health: Well-Being, Freedom, and Suffering (Population-Level Bioethics)
by Daniel M. HausmanIn Valuing Health Daniel M. Hausman provides a philosophically sophisticated overview of generic health measurement that suggests improvements in standard methods and proposes a radical alternative. He shows how to avoid relying on surveys and instead evaluate health states directly. Hausman goes on to tackle the deep problems of evaluation, offering an account of fundamental evaluation that does not presuppose the assignment of values to the properties and consequences of alternatives. After discussing the purposes of generic health measurement, Hausman defends a naturalistic concept of health and its relations to measures such as quality-adjusted life-years (QALYs) and disability-adjusted life years (DALYs). In examining current health-measurement systems, Valuing Health clarifies their value commitments and the objections to relying on preference surveys to assign values to health states. Relying on an interpretation of liberal political philosophy, Hausman argues that the public value of health states should be understood in terms of the activity limits and suffering that health states impose. Hausman also addresses the moral conundrums that arise when policy-makers attempt to employ the values of health states to estimate the health benefits of alternative policies and to adopt the most cost-effective. He concludes with a general discussion of the difficulties of combining consequentialist and non-consequentialist moral considerations in policy-making.
Struggling for Air: Power Plants and the "War on Coal"
by Richard Revesz Jack LienkeSince the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
Struggling for Air: Power Plants and the "War on Coal"
by Richard Revesz Jack LienkeSince the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
Liberalizing Lynching: Building a New Racialized State
by Daniel KatoIn spite of America's identity as a liberal democracy, the vile act of lynching happened frequently in the Southern United States over the course of the nation's history. Indeed, lynchings were very public events, and were even advertised in newspapers, begging the question of how such a brazen disregard for the law could have occurred so freely and openly. Liberalizing Lynching: Building a New Racialized State seeks to explain the seemingly paradoxical relationship between the American liberal regime and the illiberal act of lynching. Drawing on legal cases, congressional documents, presidential correspondence, and newspaper reports, Daniel Kato explores the federal government's pattern of non-intervention regarding lynchings of African Americans from the late nineteenth century through the 1960s. Although popular belief holds that the federal government was unable to address racial violence in the South, this book argues that the actions and decisions of the federal government from the 1870s through the 1960s reveal that federal inaction was not primarily a consequence of institutional or legal incapacities, but rather a decision that was supported and maintained by all three branches of the federal government. Inaction stemmed from the decision not to intervene, not the powerlessness of the federal government. To cement his argument, Kato develops the theory of constitutional anarchy, which crystallizes the ways in which federal government had the capacity to intervene, yet relinquished its responsibility while nonetheless maintaining authority. A bold challenge to conventional knowledge about lynching, Liberalizing Lynching will serve as a useful tool for students and scholars of political science, legal history, and African American studies.
From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft
Worldwide, governmental anti-corruption efforts have been ramping up like never before. From the U.S. Foreign Corrupt Practices Act ("FCPA") to the U.K. Bribery Act and recent Chinese, French, Indonesian, Brazilian, and German anti-bribery legislations, the compliance world has witnessed the fight against corruption rocketing to the top of most law reform and enforcement agendas. As the fight against corruption goes global, practitioners of the compliance, regulatory, and investigative space must understandand--and more importantly navigate--these increasingly complicated and often perilous compliance waters. With that heavy reality in mind, this first-of-its-kind book draws on the real-world experience and expertise possessed by some of the world's leading anti-corruption and anti-bribery practitioners to make meeting that challenge easier. Featuring country-specific chapters and practitioner-focused "how to" modules, From Baksheesh to Bribery serves as a one-stop shop for practitioners, in-house counsel, compliance personnel, academics, and others who want--and often need--to understand the world's perspective on corruption and the fight against it.
Choosing Not to Choose: Understanding the Value of Choice
by Cass R. SunsteinOur ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being.
Choosing Not to Choose: Understanding the Value of Choice
by Cass R. SunsteinOur ability to make choices is fundamental to our sense of ourselves as human beings, and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy; such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost. In modern life the requirement to make active choices can often be overwhelming. So, across broad areas of our lives, from health plans to energy suppliers, many of us choose not to choose. By following our default options, we save ourselves the costs of making active choices. By setting those options, governments and corporations dictate the outcomes for when we decide by default. This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support. As consumers we are starting to embrace the benefits this can bring. But should we? What will be the long-term effects of limiting our active choices on our agency? And can such personalized defaults be imported from the marketplace to politics and the law? Confronting the challenging future of data-driven decision-making, Sunstein presents a manifesto for how personalized defaults should be used to enhance, rather than restrict, our freedom and well-being.
My Lai: Vietnam, 1968, and the Descent into Darkness (Pivotal Moments in American History)
by Howard JonesOn the early morning of March 16, 1968, American soldiers from three platoons of Charlie Company (1st Battalion, 20th Infantry Regiment, 11th Brigade, 23rd Infantry Division), entered a group of hamlets located in the Son Tinh district of South Vietnam, located near the Demilitarized Zone and known as "Pinkville" because of the high level of Vietcong infiltration. The soldiers, many still teenagers who had been in the country for three months, were on a "search and destroy" mission. The Tet Offensive had occurred only weeks earlier and in the same area and had made them jittery; so had mounting losses from booby traps and a seemingly invisible enemy. Three hours after the GIs entered the hamlets, more than five hundred unarmed villagers lay dead, killed in cold blood. The atrocity took its name from one of the hamlets, known by the Americans as My Lai 4. Military authorities attempted to suppress the news of My Lai, until some who had been there, in particular a helicopter pilot named Hugh Thompson and a door gunner named Lawrence Colburn, spoke up about what they had seen. The official line was that the villagers had been killed by artillery and gunship fire rather than by small arms. That line soon began to fray. Lieutenant William Calley, one of the platoon leaders, admitted to shooting the villagers but insisted that he had acted upon orders. An exposé of the massacre and cover-up by journalist Seymour Hersh, followed by graphic photographs, incited international outrage, and Congressional and U.S. Army inquiries began. Calley and nearly thirty other officers were charged with war crimes, though Calley alone was convicted and would serve three and a half years under house arrest before being paroled in 1974. My Lai polarized American sentiment. Many saw Calley as a scapegoat, the victim of a doomed strategy in an unwinnable war. Others saw a war criminal. President Nixon was poised to offer a presidential pardon. The atrocity intensified opposition to the war, devastating any pretense of American moral superiority. Its effect on military morale and policy was profound and enduring. The Army implemented reforms and began enforcing adherence to the Hague and Geneva conventions. Before launching an offensive during Desert Storm in 1991, one general warned his brigade commanders, "No My Lais in this division--do you hear me?" Compelling, comprehensive, and haunting, based on both exhaustive archival research and extensive interviews, Howard Jones's My Lai will stand as the definitive book on one of the most devastating events in American military history.
My Lai: Vietnam, 1968, and the Descent into Darkness (Pivotal Moments in American History)
by Howard JonesOn the early morning of March 16, 1968, American soldiers from three platoons of Charlie Company (1st Battalion, 20th Infantry Regiment, 11th Brigade, 23rd Infantry Division), entered a group of hamlets located in the Son Tinh district of South Vietnam, located near the Demilitarized Zone and known as "Pinkville" because of the high level of Vietcong infiltration. The soldiers, many still teenagers who had been in the country for three months, were on a "search and destroy" mission. The Tet Offensive had occurred only weeks earlier and in the same area and had made them jittery; so had mounting losses from booby traps and a seemingly invisible enemy. Three hours after the GIs entered the hamlets, more than five hundred unarmed villagers lay dead, killed in cold blood. The atrocity took its name from one of the hamlets, known by the Americans as My Lai 4. Military authorities attempted to suppress the news of My Lai, until some who had been there, in particular a helicopter pilot named Hugh Thompson and a door gunner named Lawrence Colburn, spoke up about what they had seen. The official line was that the villagers had been killed by artillery and gunship fire rather than by small arms. That line soon began to fray. Lieutenant William Calley, one of the platoon leaders, admitted to shooting the villagers but insisted that he had acted upon orders. An exposé of the massacre and cover-up by journalist Seymour Hersh, followed by graphic photographs, incited international outrage, and Congressional and U.S. Army inquiries began. Calley and nearly thirty other officers were charged with war crimes, though Calley alone was convicted and would serve three and a half years under house arrest before being paroled in 1974. My Lai polarized American sentiment. Many saw Calley as a scapegoat, the victim of a doomed strategy in an unwinnable war. Others saw a war criminal. President Nixon was poised to offer a presidential pardon. The atrocity intensified opposition to the war, devastating any pretense of American moral superiority. Its effect on military morale and policy was profound and enduring. The Army implemented reforms and began enforcing adherence to the Hague and Geneva conventions. Before launching an offensive during Desert Storm in 1991, one general warned his brigade commanders, "No My Lais in this division--do you hear me?" Compelling, comprehensive, and haunting, based on both exhaustive archival research and extensive interviews, Howard Jones's My Lai will stand as the definitive book on one of the most devastating events in American military history.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective
by Lung-chu ChenAn Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
FRAGILE FREEDOMS C: The Global Struggle for Human Rights
by Steven Lecce, Neil McArthur, and Arthur SchaferThis book is based upon a lecture series inaugurating the new Canadian Museum for Human Rights that took place in Winnipeg, Canada between September 2013 and May 2014. Fragile Freedoms brings together some of the most influential contemporary thinkers on the theory and practice of human rights. The first two chapters, by Anthony Grayling and Steven Pinker, are primarily historical: they trace the emergence of human rights to a particular time and place, and they try to show how that emergence changed the world for the better. The next two chapters, by Martha Nussbaum and Kwame Anthony Appiah, are normative arguments about the philosophical foundations of human rights. The final three chapters, by John Borrows, Baroness Helena Kennedy, and Germaine Greer, are innovative applications of human rights to indigenous peoples, globalization and international law, and women. Wide ranging in its philosophical perspectives and implications, this volume is an indispensable contribution to the contemporary thinking on the rights that must be safeguarded for all people.
Fragile Freedoms: The Global Struggle for Human Rights
This book is based upon a lecture series inaugurating the new Canadian Museum for Human Rights that took place in Winnipeg, Canada between September 2013 and May 2014. Fragile Freedoms brings together some of the most influential contemporary thinkers on the theory and practice of human rights. The first two chapters, by Anthony Grayling and Steven Pinker, are primarily historical: they trace the emergence of human rights to a particular time and place, and they try to show how that emergence changed the world for the better. The next two chapters, by Martha Nussbaum and Kwame Anthony Appiah, are normative arguments about the philosophical foundations of human rights. The final three chapters, by John Borrows, Baroness Helena Kennedy, and Germaine Greer, are innovative applications of human rights to indigenous peoples, globalization and international law, and women. Wide ranging in its philosophical perspectives and implications, this volume is an indispensable contribution to the contemporary thinking on the rights that must be safeguarded for all people.
Self-Knowledge: A History (Oxford Philosophical Concepts)
The acquisition of self-knowledge is often described as one of the main goals of philosophical inquiry. At the same time, some sort of self-knowledge is often regarded as a necessary condition of our being a human agent or human subject. Thus self-knowledge is taken to constitute both the beginning and the end of humans' search for wisdom, and as such it is intricately bound up with the very idea of philosophy. Not surprisingly therefore, the Delphic injunction 'Know thyself' has fascinated philosophers of different times, backgrounds, and tempers. But how can we make sense of this imperative? What is self-knowledge and how is it achieved? What are the structural features that distinguish self-knowledge from other types of knowledge? What role do external, second- and third-personal, sources of knowledge play in the acquisition of self-knowledge? How can we account for the moral impact ascribed to self-knowledge? Is it just a form of anthropological knowledge that allows agents to act in accordance with their aims? Or, does self-knowledge ultimately ennoble the self of the subjects having it? Finally, is self-knowledge, or its completion, a goal that may be reached at all? The book addresses these questions in fifteen chapters covering approaches of many philosophers from Plato and Aristotle to Edmund Husserl or Elisabeth Anscombe. The short reflections inserted between the chapters show that the search for self-knowledge is an important theme in literature, poetry, painting and self-portraiture from Homer.
Entextualizing Domestic Violence: Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle (Oxford Studies in Language and Law)
by Jennifer AndrusLanguage ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.
Selling Hope, Selling Risk: Corporations, Wall Street, and the Dilemmas of Investor Protection
by Donald C. LangevoortIn the midst of globalization, technological change, and economic anxiety, we have deep doubts about how well the task of investor protection is being performed. In the U.S., the focus is on the Securities & Exchange Commission. Part of the explanation is economic and political: the failure to know the right balance between investor protection and capital formation, and the resulting battle among interest groups over their preferred solutions. In Selling Hope, Selling Risk, author Donald C. Langevoort argues that regulation is also frustrated at nearly every turn by human nature, as exhibited both on the buy-side (investors) and sell-side (corporate executives, bankers, stockbrokers). There is plenty of savvy and guile, but also ample hope, fear, ego, overconfidence, social contagion and the like that persistently filter and distort the messages regulators try to send. This book is the first sustained effort to link the key initiatives of securities regulation with our burgeoning awareness in the social sciences of how people and organizations really behave in economic settings. It examines why corporate fraud occurs and how best to deter it and compensate its victims; the search for an edge via insider trading; the disclosure apparatus and its gatekeepers; sales efforts and manipulation in Ponzi schemes, internet scams, private offerings and crowdfunding; and how this all helps explain the recent global financial crisis. It ends by turning these insights back on the task of regulation itself, and the strategies (and frustrations) of making regulation work in a financial world that is at once increasingly sophisticated yet deeply human and incurably flawed.
Selling Hope, Selling Risk: Corporations, Wall Street, and the Dilemmas of Investor Protection
by Donald C. LangevoortIn the midst of globalization, technological change, and economic anxiety, we have deep doubts about how well the task of investor protection is being performed. In the U.S., the focus is on the Securities & Exchange Commission. Part of the explanation is economic and political: the failure to know the right balance between investor protection and capital formation, and the resulting battle among interest groups over their preferred solutions. In Selling Hope, Selling Risk, author Donald C. Langevoort argues that regulation is also frustrated at nearly every turn by human nature, as exhibited both on the buy-side (investors) and sell-side (corporate executives, bankers, stockbrokers). There is plenty of savvy and guile, but also ample hope, fear, ego, overconfidence, social contagion and the like that persistently filter and distort the messages regulators try to send. This book is the first sustained effort to link the key initiatives of securities regulation with our burgeoning awareness in the social sciences of how people and organizations really behave in economic settings. It examines why corporate fraud occurs and how best to deter it and compensate its victims; the search for an edge via insider trading; the disclosure apparatus and its gatekeepers; sales efforts and manipulation in Ponzi schemes, internet scams, private offerings and crowdfunding; and how this all helps explain the recent global financial crisis. It ends by turning these insights back on the task of regulation itself, and the strategies (and frustrations) of making regulation work in a financial world that is at once increasingly sophisticated yet deeply human and incurably flawed.
Taking Life: Three Theories on the Ethics of Killing
by Torbjorn TannsjoWhen and why is it right to kill? When and why is it wrong? Torbjörn Tännsjö examines three theories on the ethics of killing in this book: deontology, a libertarian moral rights theory, and utilitarianism. The implications of each theory are worked out for different kinds of killing: trolley-cases, murder, capital punishment, suicide, assisted death, abortion, killing in war, and the killing of animals. These implications are confronted with our intuitions in relation to them, and our moral intuitions are examined in turn. Only those intuitions that survive an understanding of how we have come to hold them are seen as 'considered' intuitions. The idea is that the theory that can best explain the content of our considered intuitions gains inductive support from them. We must transcend our narrow cultural horizons and avoid certain cognitive mistakes in order to hold considered intuitions. In this volume, suitable for courses in ethics and applied ethics, Tännsjö argues that in the final analysis utilitarianism can best account for, and explain, our considered intuitions about all these kinds of killing.