State Building As Lawfare
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| Author | : Egor Lazarev |
| Publisher | : Cambridge University Press |
| Total Pages | : 347 |
| Release | : 2023-01-31 |
| Genre | : Political Science |
| ISBN | : 1009245937 |
State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.
| Author | : Orde F. Kittrie |
| Publisher | : Oxford University Press |
| Total Pages | : 505 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0190263571 |
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
| Author | : Michelle le Roux |
| Publisher | : Jonathan Ball Publishers |
| Total Pages | : 431 |
| Release | : 2019-04-15 |
| Genre | : Law |
| ISBN | : 186842961X |
What happens when South Africa's tumultuous political life becomes entangled in the courts of law? Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in 'lawfare': the migration of politics to the courts. The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor – the list goes on and on. This book offers a highly readable analysis of some of the most widely publicised and decisive instances of lawfare. It argues that while it is good that the judiciary is able to shoulder the burden of supporting democracy, it is showing signs of immense strain under the present deluge of political cases. Whether the courts will survive this strain undamaged remains to be seen.
| Author | : Philippe Leroux-Martin |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2014 |
| Genre | : History |
| ISBN | : 1107020034 |
This book provides an eyewitness account of a key political crisis triggered by the international community in Bosnia and Herzegovina in 2007.
| Author | : Stathis N. Kalyvas |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2008-09-11 |
| Genre | : Political Science |
| ISBN | : 9780521722391 |
There might appear to be little that binds the study of order and the study of violence and conflict. Bloodshed in its multiple forms is often seen as something separate from and unrelated to the domains of 'normal' politics that constitute what we think of as order. But violence is used to create order, to maintain it, and to uphold it in the face of challenges. This volume demonstrates the myriad ways in which order and violence are inextricably intertwined. The chapters embrace such varied disciplines as political science, economics, history, sociology, philosophy, and law; employ different methodologies, from game theory to statistical modeling to in-depth historical narrative to anthropological ethnography; and focus on different units of analysis and levels of aggregation, from the state to the individual to the world system. All are essential reading for anyone who seeks to understand current trends in global conflict.
| Author | : Dipali Mukhopadhyay |
| Publisher | : Cambridge University Press |
| Total Pages | : 387 |
| Release | : 2014-02-13 |
| Genre | : Law |
| ISBN | : 110772919X |
Warlords have come to represent enemies of peace, security, and 'good governance' in the collective intellectual imagination. This book asserts that not all warlords are created equal. Under certain conditions, some become effective governors on behalf of the state. This provocative argument is based on extensive fieldwork in Afghanistan, where Mukhopadhyay examined warlord-governors who have served as valuable exponents of the Karzai regime in its struggle to assert control over key segments of the countryside. She explores the complex ecosystems that came to constitute provincial political life after 2001 and exposes the rise of 'strongman' governance in two provinces. While this brand of governance falls far short of international expectations, its emergence reflects the reassertion of the Afghan state in material and symbolic terms that deserve our attention. This book pushes past canonical views of warlordism and state building to consider the logic of the weak state as it has arisen in challenging, conflict-ridden societies like Afghanistan.
| Author | : Frank Ledwidge |
| Publisher | : Oxford University Press |
| Total Pages | : 230 |
| Release | : 2017 |
| Genre | : Counterinsurgency |
| ISBN | : 1849047987 |
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
| Author | : Austin Sarat |
| Publisher | : Stanford University Press |
| Total Pages | : 249 |
| Release | : 2014-01-08 |
| Genre | : Law |
| ISBN | : 0804788863 |
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
| Author | : Ilya Somin |
| Publisher | : Oxford University Press |
| Total Pages | : 240 |
| Release | : 2020-04-23 |
| Genre | : Law |
| ISBN | : 0190054603 |
Ballot box voting is often considered the essence of political freedom. But it has two major shortcomings: individual voters have little chance of making a difference, and they face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet through international migration, choosing where to live within a federal system, and by making decisions in the private sector. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right. This revised and expanded edition addresses key new issues, including fears that migration could spread dangerous diseases, such as Covid-19, claims that immigrants might generate a political backlash that threatens democracy, and the impact of remote work.
| Author | : Stephen Kinzer |
| Publisher | : Macmillan |
| Total Pages | : 415 |
| Release | : 2007-02-06 |
| Genre | : History |
| ISBN | : 0805082409 |
An award-winning author tells the stories of the audacious American politicians, military commanders, and business executives who took it upon themselves to depose monarchs, presidents, and prime ministers of other countries with disastrous long-term consequences.
