The Limits of LawStanford University Press, 2005 - 321 strani This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force. |
Vsebina
A View from Transitional Justice 21 | 21 |
The Case of Reparations | 75 |
The Dilemma of Legality and the Moral Limits of Law | 109 |
Reconstituting the Limits | 155 |
Bound by Law? Alien Rights Administrative Discretion and | 209 |
At the Mercy Of | 246 |
309 | |
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action administrative Agamben American amnesty Anti-Climacus argues argument attacks authority civil claim committed concept conflict constituting power crimes criminal debate decision democracy deportation Dyzenhaus East Timor emergency essay example exchange force forgiveness Fuller German Giorgio Agamben H. L. A. Hart Hannah Arendt Hart Hart's Homo Sacer human rights hybrid court Ibid idea of reparations Immigration injustice international law interpretation issue Jacques Derrida judges judicial Kierkegaard law's lawyers legal positivism limits of law mass atrocities military miracle morality of law Nazi norms Oxford political positivism positivist possible Post Post's potential to not-be principles procedural punishment question regime render reparations for blacks response retributive justice rule of law Schmitt Sickness Unto Death social Søren Kierkegaard sovereign power statute terrorism terrorist thought tion trans transitional justice transitional justice mechanisms transitional justice processes trials tribunals truth commissions unconditional surrender United University Press unjust victor violence