What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.
This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.
Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.
Before becoming the second socialist country in the world (after the Soviet Union) in 1921, Mongolia had been a Buddhist feudal theocracy. Combatting the influence of the dominant Buddhist establishment to win the hearts and minds of the Mongolian people was one of the most important challenges faced by the new socialist government. It would take almost a decade and a half to resolve the “lama question,” and it would be answered with brutality, destruction, and mass killings. Chris Kaplonski examines this critical, violent time in the development of Mongolia as a nation-state and its ongoing struggle for independence and recognition in the twentieth century. Unlike most studies that explore violence as the primary means by which states deal with their opponents, The Lama Question argues that the decision to resort to violence in Mongolia was not a quick one; neither was it a long-term strategy nor an out-of control escalation of orders but the outcome of a complex series of events and attempts by the government to be viewed as legitimate by the population. Kaplonski draws on a decade of research and archival resources to investigate the problematic relationships between religion and politics and geopolitics and biopolitics in early socialist Mongolia, as well as the multitude of state actions that preceded state brutality. By examining the incidents and transformations that resulted in violence and by viewing violence as a process rather than an event, his work not only challenges existing theories of political violence, but also offers another approach to the anthropology of the state. In particular, it presents an alternative model to philosopher Georgio Agamben’s theory of sovereignty and the state of exception. The Lama Question will be of interest to scholars and students of violence, the state, biopolitics, Buddhism, and socialism, as well as to those interested in the history of Mongolia and Asia in general.
A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.
What is at stake when our young people attempt to belong to a college environment that reflects a world that does not want them for who they are? In this compelling book, Navajo scholar Amanda Tachine takes a personal look at 10 Navajo teenagers, following their experiences during their last year in high school and into their first year in college. It is common to think of this life transition as a time for creating new connections to a campus community, but what if there are systemic mechanisms lurking in that community that hurt Native students' chances of earning a degree? Tachine describes these mechanisms as systemic monsters and shows how campus environments can be sites of harm for Indigenous students due to factors that she terms monsters' sense of belonging, namely assimilating, diminishing, harming the worldviews of those not rooted in White supremacy, heteropatriarchy, capitalism, racism, and Indigenous erasure. This book addresses the nature of those monsters and details the Indigenous weapons that students use to defeat them. Rooted in love, life, sacredness, and sovereignty, these weapons reawaken students' presence and power. Book Features: Introduces an Indigenous methodological approach called story rug that demonstrates how research can be expanded to encompass all our senses. Weaves together Navajo youths' stories of struggle and hope in educational settings, making visible systemic monsters and Indigenous weaponry. Draws from Navajo knowledge systems as an analytic tool to connect history to present and future realities. Speaks to the contemporary situation of Native peoples, illuminating the challenges that Native students face in making the transition to college. Examines historical and contemporary realities of Navajo systemic monsters, such as the financial hardship monster, deficit (not enough) monster, failure monster, and (in)visibility monster. Offers insights for higher education institutions that are seeking ways to create belonging for diverse students.
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
