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332. Book Review: Law, Politics, and Morality in Judaism by Michael Walzer
- Author:
- Stuart A. Cohen
- Publication Date:
- 06-2007
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- This volume of collected essays, most of which have been published in earlier volumes in the Ethikon Series in Comparative Ethics, seeks to bring a more concentrated focus on specifically Jewish outlooks regarding three key themes: "Political Order and Civil Society"; "Territory, Sovereignty, and International Society"; and "War and Peace." According to Michael Walzer, "The point is to display a range of Jewish responses to some of the hardest questions posed by modern democratic politics"
- Topic:
- Politics, Sovereignty, War, and Law
333. Not a Suicide Pact: The Constitution in a Time of National Emergency
- Author:
- Elbridge Colby
- Publication Date:
- 09-2007
- Content Type:
- Journal Article
- Institution:
- Carnegie Council
- Abstract:
- Sadly, discussions of the pricklier issues of law, terrorism, and security rarely follow a cool, pragmatic approach. Richard Posner provides just such a perspective on the relationship of the Constitution to the terrorist threat. Undaunted by controversy, he forthrightly addresses detention, harsh interrogation methods, limits of free speech, ethnic profiling, and the boundaries of privacy rights, among other hot-button topics.
- Topic:
- Security, Terrorism, and Law
334. Conceived in Law: The Legal Foundations of Resolution 242
- Author:
- Michael Lynk
- Publication Date:
- 09-2007
- Content Type:
- Journal Article
- Journal:
- Journal of Palestine Studies
- Institution:
- Institute for Palestine Studies
- Abstract:
- UN Security Council Resolution 242 endorsed the "inadmissibility of the acquisition of territory by war" and called for "withdrawal of Israeli armed forces from territories occupied" in the June 1967 war. Since then, a debate has raged over whether these provisions call for a complete Israeli withdrawal, a minor revision of borders, or license for Israel to retain sovereignty over some of the conquered lands. This article argues that the resolution must be read through the lens of international law. A principled legal interpretation clarifies 242's ambiguities on withdrawal and re-establishes the importance of universal rights to a just and durable peace in the Middle East.
- Topic:
- Security and Law
- Political Geography:
- Middle East, Canada, and Israel
335. Elaboration, study and dissemination of international law. Documents of the International Law Commission and the UN Commission on International Trade Law
- Publication Date:
- 09-2007
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- The strengthening of international law, as a comprehensive system regulating the most important spheres of international relations, takes place through its codification, progressive development and dissemination of knowledge about the law.
- Topic:
- International Law and Law
- Political Geography:
- Europe
336. Analyse de l'élection présidentielle des 22 avril et 6 mai et des élections législatives des 10 et 17 juin 2007: une rupture politique?
- Author:
- Pascal Perrineau
- Publication Date:
- 12-2007
- Content Type:
- Journal Article
- Journal:
- French Politics, Culture Society
- Institution:
- Conference Group on French Politics Society
- Abstract:
- Nicolas Sarkozy's victory in the 2007 French presidential elections represents a true rupture: rupture with years of political apathy, rupture with what was an escalating rise of political protest, rupture with a “law” that since 1981 seemed to require that every outgoing majority be beaten. Sarkozy's electoral victory was substantial. It was built on a notion that what the French were looking for was a strong sense of direction, and it gave rise to a dynamic of striking change right after the election (a political opening to the left, a shift in presidential style, disarray in the Socialist Party, and the marginalization of the National Front).
- Topic:
- Politics and Law
337. La singularité française: la campagne présidentielle de Ségolène Royal
- Author:
- Frédérique Matonti
- Publication Date:
- 12-2007
- Content Type:
- Journal Article
- Journal:
- French Politics, Culture Society
- Institution:
- Conference Group on French Politics Society
- Abstract:
- For the first time, a woman has come close to becoming the president of France. This essay examines the conditions that account for why Segolène Royal was chosen as Socialist candidate for the presidency. These conditions were above all political and were linked to key features of the Socialist Party. But her nomination also needs to be understood in the context of the parity law. To an important extent this law reinforced the gendered order, and Ségolène Royal's candidacy emerged readily in the wake of the law. The essay goes on to analyze the candidate's campaign. Before and during the primary campaign, the general framework was conducive to her ascendancy. But, after the primaries, critics were sharp: Royal was portrayed as ever less competent. Although there is a sociological basis for the voting of 2007, misogyny also played a part in Ségolène Royal's defeat.
- Topic:
- Law
- Political Geography:
- France
338. Spying on Terrorists: Germany in Comparative Perspective
- Author:
- A. James McAdams
- Publication Date:
- 08-2007
- Content Type:
- Journal Article
- Journal:
- German Politics and Society
- Institution:
- German Politics and Society Journal
- Abstract:
- Intelligence and law enforcement agencies in western democracies are turning increasingly to electronic surveillance tools in their efforts to identify and combat new terrorist threats. But this does not mean that they are equally equipped to undertake these measures. As the author shows by comparing surveillance activities in three countries—Great Britain, the United States, and Germany—the Federal Republic's more restrictive legal norms and institutions provide its government with much less freedom of maneuver than its allies.
- Topic:
- Government, Intelligence, and Law
- Political Geography:
- Britain, United States, and Germany
339. Law and Politics in Interwar France: Pierre Laroque's Search for a Democratic Corporatism
- Author:
- Eric Jabbari
- Publication Date:
- 03-2006
- Content Type:
- Journal Article
- Journal:
- French Politics, Culture Society
- Institution:
- Conference Group on French Politics Society
- Abstract:
- Pierre Laroque, the architect of French social security, emerged during the 1930s as an advocate for the corporatist management of industrial relations. Laroque's corporatist views were an outgrowth of his educational background and his experiences as a young civil servant. A member of the Conseil d'État, he came under the influence of the main doctrines of French public law. During the first half of the twentieth century, legal thinkers such as Léon Duguit and Maurice Hauriou elaborated theoretical justifications for the growing interventionism of the state. As a student of the law, Pierre Laroque became concerned with maintaining the balance between the necessity of state intervention and the preservation of individual and collective rights, thus explaining his interest in administrative decentralization. By the mid-1930s, after being assigned to the Conseil National Économique, he became interested in industrial conflict and applied a similar approach to the issue of collective bargaining. Impressed by the social achievements of Fascist Italy, Laroque advocated the corporatist management of industrial relations, an objective that he promoted in a succession of political and intellectual forums associated with the nonconformist movement. A new collective bargaining mechanism would bring together the state, business, and labor in order to mediate and resolve industrial disputes. Unlike the Fascists, however, this form of corporatism did not break with democratic or republican principles; rather, it was a decentralized administrative structure that compensated for the weaknesses of the collective bargaining process while providing a new forum for the cultivation of social solidarity.
- Topic:
- Politics and Law
- Political Geography:
- France
340. Competition Law and Policy in Switzerland
- Publication Date:
- 03-2006
- Content Type:
- Policy Brief
- Institution:
- The Organisation for Economic Co-operation and Development
- Abstract:
- Competition policy plays a key role in promoting consumer welfare and market opening. Lack of competition is a main reason for the high prices of many products and services on the Swiss market. Traditionally, Swiss competition policy has been relatively lenient and low profile, allowing a relatively uncompetitive internal market to remain unchallenged. The impact of competition policy on economic development has therefore been at best neutral. As the slow rate of growth becomes an issue, however, a more vigorous approach to competition has been identified as an important factor for improving growth prospects. The 2003 reform of the Cartel Act strengthened Swiss competition law, in particular by introducing direct sanctions for the most serious infringements and a leniency programme, thus bringing it closer to that of the European Union and of many other OECD countries. The Swiss Competition Commission has been given considerable new powers to combat private restraints of competition. Comco will have to enforce the new laws resolutely and step up action to promote regulatory reforms. In doing so, it is burdened by institutional arrangements and mechanisms that temper its full independence. The Swiss competition enforcers do not benefit from the networks of exchanges available to national competition authorities in EU member States. Matters are further complicated by a relative lack of resources. Strengthening competition is a key for an effective internal market. The amendments to strengthen the Cartel Law and pending reform proposals signal determination on the part of the Confederation to tackle the problems. It is too early to say how effective they will be and the extent to which they will encourage a change in general attitudes, notably among the sub federal levels of government.
- Topic:
- Development, Economics, International Organization, International Trade and Finance, and Law
- Political Geography:
- Switzerland