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Genocide is a phenomenon that continues to confound scholars,
practitioners, and general readers. Notwithstanding the carnage of
the twentieth century, our understanding of genocide remains
partial. Disciplinary boundaries have inhibited integrative studies
and popular, moralizing accounts have hindered comprehension by
advancing simple truths in an area where none are to be had.
Genocide: A Reader lays the foundations for an improved
understanding of genocide. With the help of 150 essential
contributions, Jens Meierhenrich provides a unique introduction to
the myriad dimensions of genocide and to the breadth and range of
critical thinking that exists concerning it. This innovative
anthology offers genre-defining as well as genre-bending selections
from diverse disciplines in law, the social sciences, and the
humanities as well as from other fields. A wide-ranging
introductory chapter on the study and history of genocide
accompanies the carefully curated and annotated collection. By
revisiting the past of genocide studies and imagining its future,
Genocide: A Reader is an indispensable resource for novices and
specialists alike.
The Cambridge Companion to the Rule of Law introduces students,
scholars, and practitioners to the theory and history of the rule
of law, one of the most frequently invoked-and least
understood-ideas of legal and political thought and policy
practice. It offers a comprehensive re-assessment by leading
scholars of one of the world's most cherished traditions. This
high-profile collection provides the first global and
interdisciplinary account of the histories, moralities, pathologies
and trajectories of the rule of law. Unique in conception, and
critical in its approach, it evaluates, breaks down, and subverts
conventional wisdom about the rule of law for the twenty-first
century.
The Cambridge Companion to the Rule of Law introduces students,
scholars, and practitioners to the theory and history of the rule
of law, one of the most frequently invoked-and least
understood-ideas of legal and political thought and policy
practice. It offers a comprehensive re-assessment by leading
scholars of one of the world's most cherished traditions. This
high-profile collection provides the first global and
interdisciplinary account of the histories, moralities, pathologies
and trajectories of the rule of law. Unique in conception, and
critical in its approach, it evaluates, breaks down, and subverts
conventional wisdom about the rule of law for the twenty-first
century.
From the trial of Socrates to the post-9/11 military commissions,
trials have always been useful instruments of politics. Yet there
is still much that we do not understand about them. Why do
governments use trials to pursue political objectives, and when?
What differentiates political trials from ordinary ones? Contrary
to conventional wisdom, not all political trials are show trials or
contrive to set up scapegoats. This volume offers a novel account
of political trials that is empirically rigorous and theoretically
sophisticated, linking state-of-the-art research on telling cases
to a broad argument about political trials as a socio-legal
phenomenon. All the contributors analyse the logic of the political
in the courtroom. From archival research to participant
observation, and from linguistic anthropology to game theory, the
volume offers a genuinely interdisciplinary set of approaches that
substantially advance existing knowledge about what political
trials are, how they work, and why they matter.
Focusing on South Africa during the period 1650-2000, this book
examines the role of law in making democracy work in changing
societies. The Legacies of Law sheds light on the neglected
relationship between path dependence and the law. Meierhenrich
argues that legal norms and institutions, even illiberal ones, have
an important - and hitherto undertheorized - structuring effect on
democratic outcomes. Under certain conditions, law appears to
reduce uncertainty in democratization by invoking common cultural
backgrounds and experiences. In instances where interacting
adversaries share qua law reasonably convergent mental models,
transitions from authoritarian rule are shown to be less
intractable. Meierhenrich's historical analysis of the evolution of
law - and its effects - in South Africa during the period
1650-2000, compared with a short study of Chile from 1830-1990,
shows how, and when, legal norms and institutions serve as
historical causes to both liberal and illiberal rule.
This highly original book examines the function of legal norms and
institutions in the transition to and from apartheid. It sheds
light on the neglected relationship between path dependence and the
law. The Legacies of Law demonstrates that legal norms and
institutions, even illiberal ones, can have an important and
hitherto undertheorized structuring effect on democratic
transitions. Focusing on South Africa during the period 1650 2000,
Jens Meierhenrich finds that under certain conditions, law reduces
uncertainty in democratization by invoking common cultural
backgrounds and experiences. Synthesizing insights from law,
political science, economics, sociology, history, and philosophy,
he offers an innovative redescription of both apartheid and
apartheid s endgame. The Legacies of Law demonstrates that in
instances in which interacting adversaries share qua law reasonably
convergent mental models, transitions from authoritarian rule are
less intractable. Meierhenrich s careful longitudinal analysis of
the evolution of law and its effects in South Africa, compared with
a short study of Chile from 1830 to 1990, shows how, and when,
legal norms and institutions serve as historical parameters to both
democratic and undemocratic rule. By so doing, The Legacies of Law
contributes new and unexpected insights both theoretical and
applied to contemporary debates about democracy and the rule of
law. Among other things, Meierhenrich significantly advances our
understanding of hybrid regimes in the international system and
generates important policy-relevant insights into the politics of
law and courts in authoritarian regimes."
The Oxford Handbook of Carl Schmitt collects thirty original
chapters on the diverse oeuvre of one of the most controversial
thinkers of the twentieth century. Carl Schmitt (1888-1985) was a
German theorist whose anti-liberalism continues to inspire scholars
and practitioners on both the Left and the Right. Despite Schmitt's
rabid anti-semitism and partisan legal practice in Nazi Germany,
the appeal of his trenchant critiques of, among other things,
aestheticism, representative democracy, and international law as
well as of his theoretical justifications of dictatorship and rule
by exception is undiminished. Uniquely located at the intersection
of law, the social sciences, and the humanities, this volume brings
together sophisticated yet accessible interpretations of Schmitt's
sprawling thought and complicated biography. The contributors hail
from diverse disciplines, including art, law, literature,
philosophy, political science, and history. In addition to opening
up exciting new avenues of research, The Oxford Handbook of Carl
Schmitt provides the intellectual foundations for an improved
understanding of the political, legal, and cultural thought of this
most infamous of German theorists. A substantial introduction
places the trinity of Schmitt's thought in a broad context.
The Oxford Handbook of Carl Schmitt collects thirty original
chapters on the diverse oeuvre of one of the most controversial
thinkers of the twentieth century. Carl Schmitt (1888-1985) was a
German theorist whose anti-liberalism continues to inspire scholars
and practitioners on both the Left and the Right. Despite Schmitt's
rabid antisemitism and partisan legal practice in Nazi Germany, the
appeal of his trenchant critiques of, among other things,
aestheticism, representative democracy, and international law as
well as of his theoretical justifications of dictatorship and rule
by exception is undiminished. Uniquely located at the intersection
of law, the social sciences, and the humanities, this volume brings
together sophisticated yet accessible interpretations of Schmitt's
sprawling thought and complicated biography. The contributors hail
from diverse disciplines, including art, law, literature,
philosophy, political science, and history. In addition to opening
up exciting new avenues of research, The Oxford Handbook of Carl
Schmitt provides the intellectual foundations for an improved
understanding of the political, legal, and cultural thought of this
most infamous of German theorists. A substantial introduction
places the trinity of Schmitt's thought in a broad context.
The Dual State, first published in 1941, remains one of the most
erudite books on the logic of dictatorship. It was the first
comprehensive analysis of the rise and nature of National Socialism
and the only such analysis written from within Hitler's Germany.
Ernst Fraenkel's courageous ethnography of law was widely acclaimed
upon publication, and it has influenced considerably postwar
debates about the nature of the Third Reich. But The Dual State
also has relevance for the study of dictatorship in the
twenty-first century. Fraenkel's innovative concept of the dual
state, with its two halvesthe normative state (which generally
respects its own laws and regulations) and the prerogative state
(which violates them wantonly) illuminates powerfully the
complicated relationship between law and order in many countries
around the world. It speaks directly to the idea of an
authoritarian rule of law. This republication of Fraenkel's classic
makes it once again available to scholars and students in law, the
social sciences, and the humanities. It includes Fraenkel's 1974
preface to and two appendices from the first German editionnever
before published in English. An extensive introduction by Jens
Meierhenrich places Fraenkel's ethnography of law in historical and
theoretical context.
From the trial of Socrates to the post-9/11 military commissions,
trials have always been useful instruments of politics. Yet there
is still much that we do not understand about them. Why do
governments use trials to pursue political objectives, and when?
What differentiates political trials from ordinary ones? Contrary
to conventional wisdom, not all political trials are show trials or
contrive to set up scapegoats. This volume offers a novel account
of political trials that is empirically rigorous and theoretically
sophisticated, linking state-of-the-art research on telling cases
to a broad argument about political trials as a socio-legal
phenomenon. All the contributors analyse the logic of the political
in the courtroom. From archival research to participant
observation, and from linguistic anthropology to game theory, the
volume offers a genuinely interdisciplinary set of approaches that
substantially advance existing knowledge about what political
trials are, how they work, and why they matter.
This book is an intellectual history of Ernst Fraenkel's The Dual
State (1941, reissued 2017), one of the most erudite books on the
theory of dictatorship ever written. Fraenkel's was the first
comprehensive analysis of the rise and nature of Nazism, and the
only such analysis written from within Hitler's Germany. His
sophisticated-not to mention courageous-analysis amounted to an
ethnography of Nazi law. As a result of its clandestine origins,
The Dual State has been hailed as the ultimate piece of
intellectual resistance to the Nazi regime. In this book, Jens
Meierhenrich revives Fraenkel's innovative concept of "the dual
state," restoring it to its rightful place in the annals of public
law scholarship. Blending insights from legal theory and legal
history, he tells in an accessible manner the remarkable gestation
of Fraenkel's ethnography of law from inside the belly of the
behemoth. In addition to questioning the conventional wisdom about
the law of the Third Reich, Meierhenrich explores the legal origins
of dictatorship elsewhere, then and now. The book sets the
parameters for a theory of the "authoritarian rule of law," a
cutting edge topic in law and society scholarship with immediate
policy implications.
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