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Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Cargill Inc. really the answer to world hunger?
by Richard John AlexanderThe book looks at the history and contemporary position of Cargill Inc. and relates how it has become the largest transnational agri-commodity trader in the world over the years. It surveys some of the agricultural-food products Cargill trades in, including soya, cocoa, palm oil, meat and dairy products. In particular the book analytically examines, whether the company engages in environmentally or ecologically good practice. The discussion of Cargill's producing and trading food globally is framed within a set of ecocritical principles. The book focuses on what Cargill says they do and it investigates the manner in which they say they are doing things. It discusses how the company, Cargill, is keen to present itself as a sustainable corporation. The story it presents to the world maintains that it protects animal welfare, the environment and people, among other things, in all its operations. The language it employs on its corporate websites is subjected to close analysis. The book describes how from an ecological and economic perspective Cargill has enveloped the global food production system with its network of offices and facilities. Along the way, its various activities are held to have contributed immensely to the ecological and environmental degradation of the physical world. Industrial agriculture and the food industry are seen by some observers almost as big a driver of climate change as fossil fuels.
Is CITES Protecting Wildlife?: Assessing Implementation and Compliance (Routledge Studies in Conservation and the Environment)
by Tanya WyattThis book assesses the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), examining both implementation and compliance. Humans are causing a biodiversity crisis, where 1 million species are facing extinction. Species are dying, in no small part, because they are overexploited, poached and trafficked and CITES is the main international instrument designed to protect traded wildlife. Does the state of the world’s species mean CITES is failing? This book explores the implementation of and compliance with CITES by all 183 member countries. It is imperative we know the nature and extent of the implementation of and compliance with CITES legislation in all parties to fully understand the impact of legal and illegal trade on species survival. Through extensive legislative content analysis, a Delphi iterative survey, and semi-structured interviews, this is the first book to share empirical research about CITES implementation and compliance. This book contains a comprehensive analysis of the state of CITES, what is done well, what could be done better, and what the future might bring to try to curtail the slide of the world’s wildlife into extinction. By identifying lessons learned in relation to CITES legislation, implementation and compliance this book provides hard evidence to member countries as to how their own practice can be improved. This timely book will be essential reading for students and academics interested in wildlife law, trade and trafficking, green criminology and biodiversity conservation more broadly. It will also be of interest to professionals working in wildlife law enforcement.
Is CITES Protecting Wildlife?: Assessing Implementation and Compliance (Routledge Studies in Conservation and the Environment)
by Tanya WyattThis book assesses the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), examining both implementation and compliance. Humans are causing a biodiversity crisis, where 1 million species are facing extinction. Species are dying, in no small part, because they are overexploited, poached and trafficked and CITES is the main international instrument designed to protect traded wildlife. Does the state of the world’s species mean CITES is failing? This book explores the implementation of and compliance with CITES by all 183 member countries. It is imperative we know the nature and extent of the implementation of and compliance with CITES legislation in all parties to fully understand the impact of legal and illegal trade on species survival. Through extensive legislative content analysis, a Delphi iterative survey, and semi-structured interviews, this is the first book to share empirical research about CITES implementation and compliance. This book contains a comprehensive analysis of the state of CITES, what is done well, what could be done better, and what the future might bring to try to curtail the slide of the world’s wildlife into extinction. By identifying lessons learned in relation to CITES legislation, implementation and compliance this book provides hard evidence to member countries as to how their own practice can be improved. This timely book will be essential reading for students and academics interested in wildlife law, trade and trafficking, green criminology and biodiversity conservation more broadly. It will also be of interest to professionals working in wildlife law enforcement.
Is Death Ever Preferable to Life? (International Library of Ethics, Law, and the New Medicine #14)
by Ian OlverThis is an original contribution to the much debated area of the value that we should place on human life. With the euthanasia issue highlighted in the public arena this book argues for a non-absolutist highest value on life ethic and how that fits with society's current emphasis on individual autonomy. By the use of everyday examples the impact of placing a high value on life is explored. It will be useful for students of ethics, nursing and medicine and those engaged in the public debate on euthanasia.
Is Fairtrade Fair?
by E. Valiente-RiedlEvaluates the capacity of Fairtrade® labeling to enhance the livelihoods of marginalized producers in developing countries. It looks critically at the evolution of fair trade values and markets, including its somewhat controversial engagement with conventional businesses, and problematizes the role of the "ethical consumer."
Is Free Speech Under Threat?
by Charlotte Lydia Riley Suzanne Nossel Intelligence SquaredTwo leading thinkers present alternative answers to one of the most difficult and divisive questions of our times: Is free speech under threat?Suzanne Nossel, CEO of PEN America, the leading free expression organisation, argues that alongside the necessary and long-overdue elevation of minority voices in recent years, there has also arisen an uncompromising intolerance – most notably on university campuses and online – that wrongly equates a wide range of offensive speech with violence and seeks to shut it down. This has led to an escalating free speech arms race, from which everyone loses.Charlotte Lydia Riley, historian of empire and editor of The Free Speech Wars, argues that accusations of cancel culture and defences of free speech are too often disingenuous attempts to fuel a culture war and so inhibit an important realignment in which hateful speech is at last being called out for what it is and the right to free expression is being extended to more people than ever before.Published in conjunction with Intelligence Squared, the world’s leading curator of debate, this book is part of the THINK AGAIN series: short books that present two expert, contrasting but equally persuasive views in a single volume that can be read from either end.
Is God an Economist?: An Institutional Economic Reconstruction of the Old Testament
by S. Wagner-TsukamotoThis book offers a radical new way of approaching the Old Testament. Sigmund Wagner-Tsukamoto argues that rational, institutional and constitutional economic lessons can be derived from the Old Testament, with applications to social conflict and resolution. The book suggests that this religious text also anticipated many modern economic advances.
Is Intellectual Property Pluralism Functional? (ATRIP Intellectual Property series)
by Susy FrankelThe international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis. The book is divided into four parts which focus on the interaction between global standards and national norms, pluralism within the framework of international norms, pluralistic functions of copyright and the flexibility applied to patent law. Within these themes, topical issues are addressed such as traditional knowledge, geographical indications, protecting plant varieties and freedom of expression. Contributors are drawn from a range of jurisdictions to provide a global outlook on the topics at hand. Researchers and scholars who are interested in international IP law and its applications will find this to be a valuable resource. Policy makers will also benefit from the contributors’ insights on whether law reforms in their home jurisdictions have been effective and how these laws interact with the international IP system.
Is International Law International?
by Anthea RobertsThis book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Is International Law International?
by Anthea RobertsThis book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence
by S. F. Deakin Christopher MarkouWhat does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place?This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law.With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.
Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence
by Simon Deakin and Christopher MarkouWhat does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place?This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law.With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.
Is Local Beautiful?: Peacebuilding between International Interventions and Locally Led Initiatives (SpringerBriefs in Environment, Security, Development and Peace #11)
by Sara Hellmüller Martina SantschiBased on the swisspeace annual conference 2012, the publication examines the delicate balance between external interventions and locally-led initiatives. It addresses the question of what “local” means in the peacebuilding and development context; which actors on the ground actually represent the local level and how external actors choose their partners from amongst them. Moreover, it examines how local ownership - emerging as key criteria for any external intervention - is constituted: does this concept only imply local participation or is local control from the outset a must? Finally, it assesses the potential of locally-led initiatives and local conflict resolution mechanisms and their interaction with external interventions. Several authors provide insights on these questions and nuance our thinking about both local ownership and external interventions. As such, the publication aims to encourage critical reflections on this topical debate in peacebuilding and development.
Is Racial Equality Unconstitutional?
by Mark GolubMore than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.
Is Racial Equality Unconstitutional?
by Mark GolubMore than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.
Is Remote Warfare Moral?: Weighing Issues of Life and Death from 7,000 Miles
by Joseph O ChapaAmerica is at an important turning point. Remote warfare is not just a mainstay of post–9/11 wars, it is a harbinger of what lies ahead—a future of high-tech, artificial intelligence–enabled, and autonomous weapons systems that raise a host of new ethical questions. Most fundamentally, is remote warfare moral? And if so, why? Joseph O. Chapa, with unique credentials as Air Force officer, Predator pilot, and doctorate in moral philosophy, serves as our guide to understanding this future, able to engage in both the language of military operations and the language of moral philosophy. Through gripping accounts of remote pilots making life-and-death decisions and analysis of high-profile cases such as the killing of Iranian high government official General Qasem Soleimani, Chapa examines remote warfare within the context of the just war tradition, virtue, moral psychology, and moral responsibility. He develops the principles we should use to evaluate its morality, especially as pilots apply human judgment in morally complex combat situations. Moving on to the bigger picture, he examines how the morality of human decisions in remote war is situated within the broader moral context of US foreign policy and the future of warfare.
Is Science Sexist?: And Other Problems in the Biomedical Sciences (The Western Ontario Series in Philosophy of Science #17)
by M. RusePhilosophy of biology has a long and honourable history. Indeed, like most of the great intellectual achievements of the Western World, it goes back to the Greeks. However, until recently in this century, it was sadly neglected. With a few noteworthy exceptions, someone wishing to delve into the subject had to choose between extremes of insipid vitalism on the one hand, and sterile formalizations of the most elementary biological principles on the other. Whilst philosophy of physics pushed confidently ahead, the philosophy of biology languished. In the past decade, however, things have changed dramatically. A number of energetic and thoughtful young philosophers have made real efforts to master the outlines and details of contemporary biology. They have shown that many stimulating problems emerge when analytic skills are turned towards the life-sciences, particularly if one does not feeI con strained to stay only with theoretical parts of biology, but can range over to more medical parts of the spectrum. At the same time, biology itself has had one of the most fruitful yet turbulent periods in its whole history, and more and more biologists have grown to see that many of the problems they face take them beyond the narrow confines of empiric al science: a broader perspective is needed.
Is the Death Penalty Dying?: Special Issue (Studies in Law, Politics, and Society #42)
by Austin SaratThis volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.
Is the International Legal Order Unraveling?
by David L. SlossThis book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.
Is the International Legal Order Unraveling?
by David L. SlossThis book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.
Is There a Court for Gaza?: A Test Bench for International Justice
by Chantal Meloni and Gianni TognoniThe 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level.With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.