Law without Nations

Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey, Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey

• Éditeur: Stanford Law Books
• Année: 2010
• ISBN:
  9780804777223
• Édition: 1
• Sujet: Diritto
• Sous-sujet: Giurisprudenza

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations.

This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.

Index

Abbasi v. Secretary of State for Foreign and Commonwealth Affairs, 71–72, 74, 79, 87

Abduh, Mohammed, 143

Abkhazia, 159, 160

Afghani, Sayyid Jamal ad-Din al-, 139 anti-imperialism, 143–45, 153; influence, 143–44, 145; “Lecture on Teaching and Learning,” 150; radicalism, 143; “Refutation of the Materialists,” 142–43, 145–50

Africa, gender and justice in, 214

African Charter on Human and Peoples’ Rights, 170, 171

Agamben, Giorgio, 53–55n12, 62n71

Al-Marri v. Wright, 64n85

American Convention on Human Rights, 170,171

Amnesty International, 166

Anderson, Benedict, 8

Anghie, Antony, 90

Anthropology, 90, 215

Antitrust enforcement, 41–42, 75

Arendt, Hannah, 43–44, 176–79, 221

Ataturk, 144, 145

Atrocities: in Balkans, 4–5 criminal prosecutions, 4–6. See also Crimes against humanity; Human rights law; War crimes

Balkans, see Yugoslavia, former

Baron, Salo, 107

Belgium: Habre indictment, 58n40; as multinational state, 2, 8, 200

Berlin, Isaiah, 190

Berman, Harold, 101, 103

Bible, 104, 105–6, 111–12, 115

Blackstone, William, 72

Blidstein, Gerald, 117, 120

Bosnia: refugee repatriation, 167. See also Yugoslavia, former

Boumediene v. Bush, 64n85

British Empire, 145. See also United Kingdom

Burns, United States v., 72–74, 79, 80, 85, 87

Bush, George W., 203

Bush administration: invasion of Iraq, 223; war on terrorism, 45–50, 62–63n76, 65n92; withdrawal from International Criminal Court, 6, 23, 52–53n2

Cambodia, Khmer Rouge, 34–35

Canada: Charter of Rights and Freedoms, 77; comparative constitutionalism, 85–86; death penalty abolition, 73; extradition treaty with United States, 72–73; as multinational state, 2, 8; polygamy cases, 96–97n...