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Liberal Rights and Responsibilities: Essays on Citizenship and Sovereignty
by Christopher Heath WellmanIn Liberal Rights and Responsibilities, Christopher Heath Wellman offers original theories of political legitimacy and our obligation to obey the law, and then, building upon these accounts, defends a number of distinctive positions concerning the rights and responsibilities individual citizens, separatist groups, and political states have regarding one another.
Liberal Self-Determination in a World of Migration
by Luara FerracioliThe values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place.
Liberal Self-Determination in a World of Migration
by Luara FerracioliThe values of freedom and equality are at the heart of what it means for liberal states to do justice to their citizens. Yet, when it comes to the question of whether liberal states are capable of realizing the values of freedom and equality while controlling their borders, many philosophers are skeptical that liberalism and existing immigration arrangements can in fact be reconciled. After all, liberal states often deny entrance to prospective immigrants who are fleeing extreme forms of violence. They also often police their borders in ways that are discriminatory and stigmatizing, contributing to a situation where immigrants are treated as morally inferior by society at large. Such practices conflict strongly with any commitment to the values of freedom and equality. Luara Ferracioli here focuses on three key questions regarding the movement of persons across international borders: What gives some residents of a liberal society a right to be considered citizens of that society such that they have a claim to make decisions with regard to its political future? And do citizens of a liberal society have a prima facie right to exclude prospective immigrants despite their commitment to the values of freedom and equality? Finally, if citizens have this prima facie right to exclude prospective immigrants, are there moral requirements regarding how they may exercise it? The book therefore tackles the most pressing philosophical questions that arise from immigration: the questions of who can exercise self-determination, and why they have such a right in the first place.
The Liberal State and Criminal Sanction: Seeking Justice and Civility
by Jonathan A. JacobsIn a liberal democracy, theory suggests that the political order and character of a civil society are closely connected: the political order allows for a dynamic and pluralistic civil society, and people's civic participation encourages support for the political order. In examining the role of punishment in the U.S. and the U.K., however, Jonathan Jacobs maintains that the current state of incarceration is antithetical to the principles of a liberal democracy and betrays an abandonment of that project's essential values. The existing system imposes harsh injustices on incarcerated people: it subjects them to inhumane prison conditions, creates numerous obstacles that block their reentry into society upon release, and erodes their capacity to participate in civic life and exercise individual moral agency. And in recent decades, the number of its people that the U.S. has incarcerated has grown dramatically. Jacobs engages with substantial philosophical literature to argue that necessary and significant reforms to the U.S. and U.K. criminal justice systems demand a serious recommitment to the values and principles of a liberal democracy. Topics include the justification and aims of punishment, the role of criminal justice within theories of a just society, and empirical considerations regarding long-term incarceration and its impact. By comprehensively exploring the relationship between criminal justice and justice, he highlights distinctive elements of criminal justice as the basis for a retributivist conception of punishment that highlights desert and proportionality. Jacobs defends retributivism against familiar accusations that it approves vindictiveness and inevitably harms offenders, and shows how consequentialist approaches are seriously flawed. Drawing equally from both philosophy and criminology, Jacobs argues for a renewed dedication to the values and principles of a liberal democracy as critical to the possibility of criminal justice being truly just.
The Liberal State and Criminal Sanction: Seeking Justice and Civility
by Jonathan A. JacobsIn a liberal democracy, theory suggests that the political order and character of a civil society are closely connected: the political order allows for a dynamic and pluralistic civil society, and people's civic participation encourages support for the political order. In examining the role of punishment in the U.S. and the U.K., however, Jonathan Jacobs maintains that the current state of incarceration is antithetical to the principles of a liberal democracy and betrays an abandonment of that project's essential values. The existing system imposes harsh injustices on incarcerated people: it subjects them to inhumane prison conditions, creates numerous obstacles that block their reentry into society upon release, and erodes their capacity to participate in civic life and exercise individual moral agency. And in recent decades, the number of its people that the U.S. has incarcerated has grown dramatically. Jacobs engages with substantial philosophical literature to argue that necessary and significant reforms to the U.S. and U.K. criminal justice systems demand a serious recommitment to the values and principles of a liberal democracy. Topics include the justification and aims of punishment, the role of criminal justice within theories of a just society, and empirical considerations regarding long-term incarceration and its impact. By comprehensively exploring the relationship between criminal justice and justice, he highlights distinctive elements of criminal justice as the basis for a retributivist conception of punishment that highlights desert and proportionality. Jacobs defends retributivism against familiar accusations that it approves vindictiveness and inevitably harms offenders, and shows how consequentialist approaches are seriously flawed. Drawing equally from both philosophy and criminology, Jacobs argues for a renewed dedication to the values and principles of a liberal democracy as critical to the possibility of criminal justice being truly just.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
by Philip HamburgerIn the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a tax subsidy. But the cultural and legal realities are more disturbing. Tracing the history of American liberalism, including theological liberalism and its expression in nativism, Hamburger shows the centrality of turbulent popular anxieties about the Catholic Church and other potentially orthodox institutions. He argues persuasively that such theopolitical fears about the political speech of churches and related organizations underlay the adoption, in 1934 and 1954, of section 501(c)(3)’s speech limits. He thereby shows that the speech restrictions have been part of a broad majority assault on minority rights and that they are grossly unconstitutional. Along the way, Hamburger explores the role of the Ku Klux Klan and other nativist organizations, the development of American theology, and the cultural foundations of liberal “democratic” political theory. He also traces important legal developments such as the specialization of speech rights and the use of law to homogenize beliefs. Ultimately, he examines a wide range of contemporary speech restrictions and the growing shallowness of public life in America. His account is an unflinching look at the complex history of American liberalism and at the implications for speech, the diversity of belief, and the nation’s future.
Liberale Eugenik?: Kritik der selektiven Reproduktion
by Robert RanischAnwendungen der Gendiagnostik und Reproduktionsmedizin erlauben es Wunscheltern, immer weiter auf das Erbgut ihrer Nachkommen Einfluss zu nehmen. Eine solche „liberale Eugenik“ wird mittlerweile auch in der Philosophie und Bioethik befürwortet. Wo liegen aber die Ursprünge eines solchen Denkens und wie ist eine umfassende Fortpflanzungsfreiheit zu bewerten? Ausgehend von einer freiheitlichen Ethik leistet die Studie eine immanente Kritik an der liberalen Eugenik und entwirft dabei eine eigene Position zum Umgang mit neuen gentechnischen Möglichkeiten.
The Liberalisation of the Telecommunications Sector in Sub-Saharan Africa and Fostering Competition in Telecommunications Services Markets: An Analysis of the Regulatory Framework in Uganda (Munich Studies on Innovation and Competition #6)
by Rachel AlemuThis study investigates whether the existing regulatory framework governing the telecommunications sector in countries in Sub-Saharan Africa effectively deals with emerging competition-related concerns in the liberalised sector. Using Uganda as a case study, it analyses the relevant provisions of the law governing competition in the telecommunications sector, and presents three key findings: Firstly, while there is comprehensive legislation on interconnection and spectrum management, inefficient enforcement of the legislation has perpetuated concerns surrounding spectrum scarcity and interconnection. Secondly, the legislative framework governing anti-competitive behaviour, though in line with the established principles of competition law, is not sufficient. Specifically, the framework is not equipped to govern the conduct of multinational telecommunications groups that have a strong presence in the telecommunications sector. Major factors hampering efficient competition regulation include Uganda’s sole reliance on sector-specific competition rules, restricted available remedies, and a regulator with limited experience of enforcing competition legislation. The weaknesses in the framework strongly suggest the need to adopt an economy-wide competition law. Lastly, wireless technology is the main means through which the population in Uganda accesses telecommunications services. Greater emphasis should be placed on regulating conduct in the wireless communications markets.
Liberalism: New Essays on Liberal Themes
by SusanDimock JanNarvesonNo theory is more passionately and widely defined, or decried, than is liberalism in contemporary Anglo-American philosophy. But what is this theory, on which so much ink is spilled? This collection of original essays by leading specialists in political philosophy, legal theory, and economics offers answers to that question, by exploring the theoretical commitments of liberals and some of the practical implications of their view. Among the topics explored is the distinction between liberalism and conservatism, and the degree to which liberals must be committed to neutrality, individualism, equality, freedom, and a contractarian theory of justification. The practical implications of liberalism are further examined by considerations of the proper role of the liberal state in undertaking egalitarian redistribution, the provision of public goods, and retributive punishment. The papers assembled by Narveson and Dimock will be of benefit to anyone working in the areas of political philosophy, political theory, or political economics.
Liberalism and Distributive Justice
by Samuel FreemanSamuel Freeman is a leading political philosopher and one of the foremost authorities on the works of John Rawls. Liberalism and Distributive Justice offers a series of Freeman's essays in contemporary political philosophy on three different forms of liberalism-classical liberalism, libertarianism, and the high liberal tradition--and their relation to capitalism, the welfare state, and economic justice.
Liberalism And The Limits Of Justice (PDF)
by Michael J. SandelA liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows.
Liberalism as a Way of Life
by Alexandre LefebvreWhy liberalism is all you need to lead a good, fun, worthy, and rewarding life—and how you can become a better and happier person by taking your liberal beliefs more seriouslyWhere do you get your values and sensibilities from? If you grew up in a Western democracy, the answer is probably liberalism. Conservatives are right about one thing: liberalism is the ideology of our times, as omnipresent as religion once was. Yet, as Alexandre Lefebvre argues in Liberalism as a Way of Life, many of us are liberal without fully realizing it—or grasping what it means. Misled into thinking that liberalism is confined to politics, we fail to recognize that it&’s the water we swim in, saturating every area of public and private life, shaping our psychological and spiritual outlooks, and influencing our moral and aesthetic values—our sense of what is right, wrong, good, bad, funny, worthwhile, and more. This eye-opening book shows how so many of us are liberal to the core, why liberalism provides the basis for a good life, and how we can make our lives better and happier by becoming more aware of, and more committed to, the beliefs we already hold.A lively, engaging, and uplifting guide to living well, the liberal way, Liberalism as a Way of Life is filled with examples from television, movies, stand-up comedy, and social media—from Parks and Recreation and The Good Place to the Borat movies and Hannah Gadsby. Along the way, you&’ll also learn about seventeen benefits of being a liberal—including generosity, humor, cheer, gratitude, tolerance, and peace of mind—and practical exercises to increase these rewards.You&’re probably already waist-deep in the waters of liberalism. Liberalism as a Way of Life invites you to dive in.
The Liberalization of Capital Movements in Europe: The Monetary Committee and Financial Integration 1958–1994 (Financial and Monetary Policy Studies #29)
by Age F.P. BakkerThe member states are facing the choice between either reaping the benefits of increasing integration in a certain area - in this case the capital markets - attended by a significant reduction in national powers of autonomous decision-making and independence, or retaining this national independence enabling them to pursue their own policy objectives with the aid of instruments selected at their discretion. To this question, there is no generally valid answer. The solution is determined by the weight assigned to the benefits, on the one hand, and that assigned to the reduction in national sovereignty, on the other. This, however, is a subjective matter, which is assessed differently in the various countries. OnnoRuding, 1969 1. 1 CAPITAL LffiERALIZATION AND MONETARY UNIFICATION In the 1980s Europe made a leap forward towards the liberalization of capital movements. EEC directives were accepted by all member states obliging them to abolish all remaining exchange controls. This common objective of freedom of capital movements has been consolidated in the Treaty on European Union. Nowadays virtually all restrictions have been lifted. This stands in striking contrast to the state of affairs only a decade ago, when many countries still operated a tight regime. Although the Treaty of Rome provided for the freedom of capital movements, this objective was circumscribed by the clause that such liberalization should only be carried through to the extent necessary to ensure the proper functioning of the Common Market.
Liberalization of Electricity Markets and the Public Service Obligation in the Energy Community (Energy and Environmental Law and Policy Series #21)
by Rozeta KarovaThis book presents the first in-depth analysis of the export of the EU electricity acquis, through the imposition of an EU-type regional electricity market (REM) in SEE within the enlargement process. Among other germane issues, the author discusses the following: the suitability of the European model of electricity markets’ liberalization for economies in transition; the use of the Public Services Obligations (PSO) to address the impact of electricity markets liberalization; the use of regulated prices and measures for granting priority rights for cross-border capacity allocation as PSOs; the Court of Justice judgement in Federutility on the sustainability of states’ protection of their different types of customers, including the large businesses; the Energy Community as a step towards a Pan-European Energy Community; the effect of simultaneous national electricity markets liberalization and cross-border regional integration of national electricity markets; and, the interplay between liberalization policy and reforms and the regulatory tools available to address their impact on provision of public services. The author’s proposed rethinking of the public services obligation offers new views on using this tool more effectively and proposes possibilities for its practical implementation through measures such as energy efficiency, allocation of interconnectors’ capacity, transparency, addressing the affordability issue and the protection of vulnerable customers. The book is remarkable for its clear analysis of the policy lessons arising from the export of the idea of liberalized energy markets, and will be welcomed by practitioners, officials, academics and others in energy law and policy for its informative and forward-looking overview of the national and cross-border reforms in the Energy Community framework.
The Liberalization of Maritime Transport Services: With Special Reference to the WTO/GATS Framework (Hamburg Studies on Maritime Affairs #1)
by Benjamin ParameswaranA detailed analysis of the history of maritime transport services in the Uruguay and post-Uruguay Round negotiations and the role of the sector in the ongoing Doha Round talks. The reader will be confronted with an extensive overview of the role of maritime transport services in the WTO/GATS framework, a topic basically uncovered in the literature so far.
Liberalization of Trade in Legal Services (Global Trade Law Series #44)
by Gilles MullerThe internationalization of legal services and the development of corporate law firms have led to profound changes in the practice of law, giving it a more commercial and international focus. These changes, coupled with a general intolerance of restrictions to competition, have led governments to reconsider the way they regulate the profession. Liberalization of trade in legal services takes place both at the multilateral level within the World Trade Organization’s General Agreement on Trade in Services (GATS) and at the regional level within preferential trade agreements (PTAs). This book analyses the liberalization process that takes place at both levels. It is the first publication to undertake an in-depth analysis of the obligations contained in these agreements. Starting from an overview of the regulations related to legal services – and focusing on barriers to cross-border legal services that result from these regulations – the analysis goes a long way towards pinpointing which regulations should be removed and which adopted or preserved in order to facilitate international trade in legal services. Insightful considerations explore the cross-border features of such elements as the following: cross-border mergers and acquisitions; intellectual property rights; new financial instruments; business-to-business dispute resolution mechanisms; business permits; company formation; tax burdens; regulatory compliance; transparency rules; residency and local presence requirements; restrictions on (e.g.) ownership, investment, entry, fee-setting, and advertising; and extension of accountancy disciplines to legal services. Noting that the most successful global law firms are not those that impose one single culture but rather those that harmonize many cultures around shared core values and a consistent approach to clients, the author has produced a timely and far-reaching work that is highly relevant for international legal practice. It is sure to be warmly welcomed by legal practitioners, government officials and policymakers in the legal services sector, and advisors at governments and international organizations, as well as by academics and researchers.
Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History
by Anat RosenbergIn Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History
by Anat RosenbergIn Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
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.
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.
Liberating the United Nations: Realism with Hope
by Richard A. Falk Hans von SponeckThe United Nations (UN) has always loomed large in international conflicts, but today accepted wisdom declares that the organization has lost its way. Liberating The United Nations is a thorough review of its founding and history that tracks critical junctures that obscured or diverted the path to a powerful and just UN that abides by international law. Based on the extensive expertise of two former UN-insiders, Richard Falk and Hans von Sponeck, the book goes beyond critique and diagnosis, proposing ways to achieve a more effective and legitimate UN. The historical sweep of the book offers a uniquely broad perspective on how the UN has evolved from the time of its establishment, and how that evolution reflects, and was defined by, world politics. The book explores these themes through the specific cases of intervention in Palestine, Iraq, and Syria. Liberating The United Nations hopes to reinvigorate the original vision of the UN by asserting its place in a world of amplifying chauvinistic nationalism. Falk and von Sponeck argue for how important the UN has become, and could be, in aiding with the transnational and global challenges of the present and future, including pandemics, environmental crises, and mass migration.
Liberia and the Dialectic of Law: Critical Theory, Pluralism, and the Rule of Law
by Shane ChalmersIt is the condition of modernity that an institution cannot depend on a god, tradition, or any other transcendental source to secure its foundations, which thereby come to rest upon – or rather in, and through – its subjects. Never wholly separated from its subjects, and yet never identical with them: this contradictory condition provides a way of seeing how modern law gives form to life, and how law takes form, enlivened by its subjects. By driving Theodor Adorno’s dialectical philosophy into the concept of law, the book shows how this contradictory condition enables law to become instituted in ways that are hostile to its subjects, but also how law remains open to its subjects, and thus disposed towards transformation. To flesh out an understanding of this contradiction, the book examines the making and remaking of “Liberia”, from its conception as an idea of liberty at the beginning of the nineteenth century to its reconstruction at the beginning of the twenty-first with the assistance of an international intervention to “establish a state based on the rule of law”. In so doing, the book shows how law is at the epicentre of a colonising power in Liberia that renders subjects as mere objects; but at the same time, the book exposes the instability of this power, by showing how law is also enlivened by its subjects as it takes form in and through their lives and interactions. It is this fundamentally contradictory condition of law that ultimately denies power any absolute hold, leaving law open to the self-expression of its subjects.