Law And Counterrevolution
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| Author | : Bernard E. Harcourt |
| Publisher | : Basic Books |
| Total Pages | : 298 |
| Release | : 2018-02-27 |
| Genre | : Political Science |
| ISBN | : 1541697278 |
A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing paradigm in the United States -- one rooted in the modes of warfare originally developed to suppress anticolonial revolutions and, more recently, to prosecute the war on terror. The Counterrevolution is a penetrating and disturbing account of the rise of counterinsurgency, first as a military strategy but increasingly as a way of ruling ordinary Americans. Harcourt shows how counterinsurgency's principles -- bulk intelligence collection, ruthless targeting of minorities, pacifying propaganda -- have taken hold domestically despite the absence of any radical uprising. This counterrevolution against phantom enemies, he argues, is the tyranny of our age. Seeing it clearly is the first step to resisting it effectively.
| Author | : Amanda Hollis-Brusky |
| Publisher | : Studies in Postwar American Po |
| Total Pages | : 265 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199385521 |
Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
| Author | : Stephen Steinberg |
| Publisher | : |
| Total Pages | : 312 |
| Release | : 2022-01-18 |
| Genre | : History |
| ISBN | : 9781503630024 |
| Author | : Stephen B. Burbank |
| Publisher | : Cambridge University Press |
| Total Pages | : 299 |
| Release | : 2017-04-18 |
| Genre | : Law |
| ISBN | : 110818409X |
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
| Author | : Andrzej Paczkowski |
| Publisher | : Boydell & Brewer |
| Total Pages | : 405 |
| Release | : 2015 |
| Genre | : History |
| ISBN | : 1580465366 |
Examines the 1980 Solidarity revolution in Poland, the government's subsequent establishment of martial law in response, in 1981, and the eventual transition to democracy in 1989.
| Author | : Pavlov, Serhii S. |
| Publisher | : Serhii Pavlov, Yurincom Inter |
| Total Pages | : 27 |
| Release | : 2023-08-28 |
| Genre | : Law |
| ISBN | : 9666678179 |
The book presents the author’s understanding of the concept of legal tradition. In modern academic law there is no clear definition of the concept of legal tradition, but at the same time there are many works that consider and use this phenomenon. Based on the research by Harold Berman – “Law and Revolution. The Formation of the Western Legal Tradition”, this book is the attempt to theoretically formulate the concept of legal tradition. The central theme of the work is one of the supreme values of law – the human right to life. The Right to human life had a different value in law in each historical era. This regularity in different historical types of legal order is explained as a consequence of different points of equilibrium of positive law in the Western legal tradition. In this regard, on the one hand, the Harold Berman’s study is an empirical key for revealing the theoretical construction of the phenomenon of the Western legal tradition. On the other hand, the empirical verification of this concept is taking place in the case law of the European Court of Human Rights. In the context of this dual empiricism, the work shows that the axiology of right to human life has always been the subject of the equilibrium of positive law. The book examines the hypothesis that the Western legal tradition has entered a new era of its genesis – the Age of Confrontation. The hallmark of the new era is the confrontation between the doctrinal, normative, and reflective autonomy of law, which have a destructive effect on legal values and values of law. In contrast to Harold Berman’s six revolutions of law, the phenomenon of counterrevolution of law is considered by the researcher as a form of dissipative dynamics of positive Law. Attention is drawn to the fact that, unlike the Age of Formation, renewal and total transformation of positive law are possible in a no-revolutionary way. The proposed hypothesis that the Age of Confrontation of the Western legal tradition come to end in a result of the harmonization of the normative, reflective, and doctrinal autonomy of law. This monograph may be of interest to specialists in the field of philosophy, sociology, legal theory, and case law of the European Court of Human Rights. Also, the book may be of interest to anyone who has studied the Western legal tradition.
| Author | : Jamie Allinson |
| Publisher | : Cambridge University Press |
| Total Pages | : 381 |
| Release | : 2022-05-26 |
| Genre | : History |
| ISBN | : 1108484077 |
Examines the Arab Spring, seen as a series counter-revolutions, rather than failed revolutions, in six Arab countries.
| Author | : Walden Bello |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Conservatism |
| ISBN | : 9781773632216 |
"The far right is on the rise globally, with the rhetoric of anger and resentment emanating from personalities like Donald Trump, Marine Le Pen, Rodrigo Duterte, and Viktor Orban captivating and mobilizing large numbers of people. Indeed, in a number of countries, the extreme right has already captured the government or is on the threshold of power. While the swift turn of events has shocked or surprised many in the North, the extreme right's seizure of power is not an uncommon event in the South. Deploying what he calls the "dialectic of revolution and counterrevolution" and harnessing the methods of comparative history and comparative sociology, Walden Bello's Counterrevolution is a bold, sweeping enterprise that seeks to deconstruct the challenge from the far right. Using as case studies Italy in the 1920's, Indonesia in the 1960s', Chile in the 1970's, and contemporary Thailand, India, and the Philippines, Bello lays bare the origins, dynamics, and consequences of counterrevolutionary movements. Reflections on the rise of the right in the United States, Europe, and Brazil round out this remarkable, timely study by one of the premier intellectuals of the South. Bello weds his well-known analytical scalpel to vigorous and clear writing to produce what reviewers have already dubbed one of the most profound, exciting, and controversial contributions to the study of social movements in years, one that bears comparison to the classic works of Barrington Moore, Jr., and Theda Skocpol. While he is well known for his progressive views, Bello, who was a recipient of the Right Livelihood Award (aka the Alternative Nobel Prize) and named the International Studies Association's Outstanding Public Scholar, is one of those rare analysts who does not let politics get in the way of clear-sighted analysis."--
| Author | : Owen Taylor |
| Publisher | : Routledge |
| Total Pages | : 314 |
| Release | : 2019-05-23 |
| Genre | : Law |
| ISBN | : 0429664168 |
This book explores the historical inter-relations between international law and revolution, with a focus on how international anti-capitalist struggle plays out through law. The book approaches the topic by analysing the meaning of revolution and what revolutionary activity might look like, before comparing this with legal activity, to assess the basic compatibility between the two. It then moves on to examine two prominent examples of revolutionary movements engaging with international law from the twentieth century; the early Soviet Union and the Third World movement in the nineteen sixties and seventies. The book proposes that the ‘form of law’, or its base logic, is rooted in capitalist social relations of private property and contract, and that therefore the law is a particularly inhospitable place to advance revolutionary breaks with established distributions of power or wealth. This does not mean that the law is irrelevant to revolutionaries, but that turning to legal means comes with tendencies towards conservative outcomes. In the light of this, the book considers the possibility of how, or whether, international law might contribute to the pursuit of a more egalitarian future. International Law and Revolution fills a significant gap in the field of international legal theory by offering a deep theoretical reflection on the meaning of the concept of revolution for the twenty-first century, and its link to the international legal system. It develops the commodity form theory of law as applied to international law, and explores the limits of law for progressive social struggle, informed by historical analysis. It will therefore appeal to students and scholars of public international law, legal history, human rights, international politics and political history.
| Author | : Jan Zielonka |
| Publisher | : Oxford University Press |
| Total Pages | : 177 |
| Release | : 2018 |
| Genre | : Political Science |
| ISBN | : 0198806566 |
This book is a bold attempt to make sense of the extraordinary events taking place in present-day Europe.
