A sequel to The Two Marxisms, this book applies resources Gouldner developed over the last decade and also draws on his earlier accomplishments in an effort to understand the sources of both Marxist rationality and irrationality.
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Arguing that historians must write in a comic mode, aware of history's artifice, risks, and incompletion, Caroline Walker Bynum here examines diverse medieval texts to show how women were able to appropriate dominant social symbols in ways that allowed for the emergence of their own creative voices. By arguing for the positive importance attributed to the body, these essays give a new interpretation of gender in medieval texts and of the role of asceticism and mysticism in Christianity.
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
The United States has the highest family fragmentation rates in the industrial world. Nonmarital birth rates for the nation as a whole are 40%, with proportions dramatically higher in many communities as defined by race, ethnicity, or geography. Divorce rates, while moderating in recent decades, are still estimated at about 40% for first marriages and 50% for second ones. Together, this fragmentation impacts millions of children as well as adults, leading to educational, economic, and other losses that in turn lead to lower social mobility and deepening class divisions. In Broken Bonds, Mitch Pearlstein explores the declining state of the American family and what its disintegration means for our future. Based on candid interviews with forty leading family experts across the political spectrum - from Stephanie Coontz, to Heather Mac Donald - Pearlstein ruminates on the political, social, and spiritual fallout of this trend. In honest and frank conversations, Pearlstein and his interviewees fearlessly diagnose the problems that many have been too timid to explore and suggest ways to reverse these trends that threaten our social fabric.
Why is the American health care system so fragmented in the care it gives patients? This title approaches this question and more with a highly interdisciplinary approach. The articles included in the work address legal and regulatory issues, including laws that mandate separate payments for each provider.
The Internet has united the world as never before. But is it in danger of breaking apart? Cybersecurity, geopolitical tensions, and calls for data sovereignty have made many believe that the Internet is fragmenting. In this incisive new book, Milton Mueller argues that the “fragmentation” diagnosis misses the mark. The rhetoric of “fragmentation” camouflages the real issue: the attempt by governments to align information flows with their jurisdictional boundaries. The fragmentation debate is really a power struggle over the future of national sovereignty. It pits global governance and open access against the traditional territorial institutions of government. This conflict, the book argues, can only be resolved through radical institutional innovations. Will the Internet Fragment? is essential reading for students and scholars of media and communications, international relations, political science and STS, as well as anyone concerned about the quality of Internet governance.