Peacemaking, Religious Belief and the Rule of Law
Peacemaking, Religious Belief and the Rule of Law

Author: Paul J. Zwier

Publisher: Routledge

Published: 2017-12-14

Total Pages: 244

ISBN-13: 1315411997

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This book offers a new way of understanding the role of the mediator in teaching parties the interrelationship between sustainable peace, forgiveness, and international justice. It argues that the arrival of social media presents new opportunities for reaching sustainable peace agreements, through their use in gathering the detailed information that can match victims and perpetrators of past atrocities. The author aims to advance a more expansive understanding of the subjects and limitations of making peace in the shadow of international law by examining the concepts of mediation and forgiveness that exist alongside law. To that end, the book offers an account of the role of the mediator that emerges from the interplay between Ricouerian imagination and forgiveness and predicts ever-greater opportunities for making peace and protecting human rights that can be facilitated by a harnessing of social media as a tool for making peace with justice. The author also aims to examine how strategies for sustaining the peace must combat the inevitable frustrations with democracy that can lead to a slide into dictatorship. Assad, Obama, and the UN leadership and their decisions concerning making and maintaining peace in Syria are used as case studies to examine the interplay between a leaders’ religious beliefs, faith in democracy and rule of law, and impulses towards totalitarianism.

The Structure of Pluralism
The Structure of Pluralism

Author: Victor M. Muniz-Fraticelli

Publisher: Oxford University Press (UK)

Published: 2014-02

Total Pages: 289

ISBN-13: 0199673888

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Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.

The Rule of Law in the Real World
The Rule of Law in the Real World

Author: Paul Gowder

Publisher: Cambridge University Press

Published: 2016-02-09

Total Pages: 289

ISBN-13: 131649554X

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In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

Navajo Nation Peacemaking
Navajo Nation Peacemaking

Author: Marianne O. Nielsen

Publisher: University of Arizona Press

Published: 2005-09-01

Total Pages: 236

ISBN-13: 0816543720

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Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.

Law and Religion
Law and Religion

Author: W. Cole Durham

Publisher:

Published: 2010

Total Pages: 676

ISBN-13:

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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.

Magna Carta, Religion and the Rule of Law
Magna Carta, Religion and the Rule of Law

Author: Robin Griffith-Jones

Publisher: Cambridge University Press

Published: 2015-04-23

Total Pages: 433

ISBN-13: 1107100194

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Jurists, historians and theologians from five faiths and three continents examine the importance of Magna Carta's religious foundations.

The Principles of Constitutionalism
The Principles of Constitutionalism

Author: N. W. Barber

Publisher: Oxford University Press

Published: 2018-07-25

Total Pages: 417

ISBN-13: 0192535684

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In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Political Political Theory
Political Political Theory

Author: Jeremy Waldron

Publisher: Harvard University Press

Published: 2016-03-07

Total Pages: 369

ISBN-13: 0674970365

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Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.

Christianity and Constitutionalism
Christianity and Constitutionalism

Author: Nicholas Aroney

Publisher: Oxford University Press

Published: 2022-09-27

Total Pages: 513

ISBN-13: 0197587259

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The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.