The Two Faces of American Freedom

The Two Faces of American Freedom

Author: Aziz Rana

Publisher: Harvard University Press

Published: 2014-04-07

Total Pages: 428

ISBN-13: 0674266552

DOWNLOAD EBOOK

The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.


The Cornell Law Quarterly

The Cornell Law Quarterly

Author:

Publisher:

Published: 1923

Total Pages: 426

ISBN-13:

DOWNLOAD EBOOK

The Cornell Law Quarterly's contents are topical and intended to be of special relevance to to those practicing law in New York State.


Sentiment, Reason, and Law

Sentiment, Reason, and Law

Author: Jeffrey T. Martin

Publisher: Cornell University Press

Published: 2019-10-15

Total Pages: 186

ISBN-13: 1501740067

DOWNLOAD EBOOK

What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.


Lawmaking under Pressure

Lawmaking under Pressure

Author: Giovanni Mantilla

Publisher: Cornell University Press

Published: 2020-12-15

Total Pages: 167

ISBN-13: 1501752596

DOWNLOAD EBOOK

In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.


The Governance of Cyberspace

The Governance of Cyberspace

Author: Brian D Loader

Publisher: Routledge

Published: 2003-09-02

Total Pages: 269

ISBN-13: 1134755694

DOWNLOAD EBOOK

Explores the issues of surveillance, control and privacy in relation to the internet, in light of state concern with security, crime and economic advantage. Considers the possible form and agencies responsible for regulation of the 'net'.


Property and Sovereignty

Property and Sovereignty

Author: Professor James Charles Smith

Publisher: Ashgate Publishing, Ltd.

Published: 2014-01-28

Total Pages: 483

ISBN-13: 140948470X

DOWNLOAD EBOOK

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.


Recasting Islamic Law

Recasting Islamic Law

Author: Rachel M. Scott

Publisher: Cornell University Press

Published: 2021-03-15

Total Pages: 339

ISBN-13: 1501753991

DOWNLOAD EBOOK

By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Rachel M. Scott analyzes the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of medieval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia. Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.


The Reputational Premium

The Reputational Premium

Author: Paul M. Sniderman

Publisher: Princeton University Press

Published: 2012-07-22

Total Pages: 161

ISBN-13: 1400842557

DOWNLOAD EBOOK

The Reputational Premium presents a new theory of party identification, the central concept in the study of voting. Challenging the traditional idea that voters identify with a political party out of blind emotional attachment, this pioneering book explains why party identification in contemporary American politics enables voters to make coherent policy choices. Standard approaches to the study of policy-based voting hold that voters choose based on the policy positions of the two candidates competing for their support. This study demonstrates that candidates can get a premium in support from the policy reputations of their parties. In particular, Paul Sniderman and Edward Stiglitz present a theory of how partisans take account of the parties' policy reputations as a function of the competing candidates' policy positions. A central implication of this theory of reputation-centered choices is that party identification gives candidates tremendous latitude in their policy positioning. Paradoxically, it is the party supporters who understand and are in synch with the ideological logic of the American party system who open the door to a polarized politics precisely by making the best-informed choices on offer.


Fluid Jurisdictions

Fluid Jurisdictions

Author: Nurfadzilah Yahaya

Publisher: Cornell University Press

Published: 2020-09-15

Total Pages: 266

ISBN-13: 1501750895

DOWNLOAD EBOOK

This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.