Refine
Year of publication
- 2011 (73) (remove)
Document Type
- Article (33)
- Monograph/Edited Volume (22)
- Doctoral Thesis (8)
- Review (6)
- Master's Thesis (3)
- Other (1)
Is part of the Bibliography
- yes (73) (remove)
Keywords
- Political Science (4)
- Politikwissenschaft (4)
- capitalism (4)
- financial crisis (4)
- financial institutions (4)
- financial markets (4)
- globalization (4)
- Staat (2)
- State (2)
- Abrüstung (1)
Institute
- Sozialwissenschaften (73) (remove)
A decade into the proclaimed "global war on terror," states are still struggling with the phenomenon's locus and definition under the effective laws. Remarkably, preventive detention of suspected terrorists fluctuates between various legal regimes: In Europe, criminal law is predominantly used but special security orders are occasionally issued as well; Israel applies in part the law of international armed conflicts; and in the United States, detention under a new war premise has been claimed.
This Article analyzes the response of the U.S. Supreme Court, the Israeli Supreme Court, and the European Court of Human Rights to legislative and executive policies asserting the power of preventive detention in the aftermath of September 11, 2001. The comparison exposes significant differences with regard to the application of international law, and most prominently concerning the underlying question of whether the struggle against terrorism should be considered a "war," or, perhaps more traditionally, a fight against crime.
Despite the substantial discrepancies in these three jurisdictions, this Article argues that the similarities are actually more striking. Whereas no court has accepted any attempt to fight terrorism outside the bounds of law, the judges have not hesitated to stretch and blur the pertinent frameworks by extensive interpretation. Ultimately, it is questionable whether on account of the individual's rights the resulting flexibilities and uncertainties are justifiable.
"I don't know what you mean by 'glory'," Alice said. Humpty Dumpty smiled contemptuously. "Of course you don't till I tell you. I meant 'there's a nice knock-down argument for you!" "But 'glory' doesn't mean 'a nice knock-down argument" Alice objected. "When I use a word," Humpty Dumptysaid, in rather a scornful tone, "it means just what I choose it to mean - neither more nor less." "The question is," said Alice, "whether you can make words mean different things." "The question is," said Humpty Dumpty, "which is to be master that's all."
Torture is an extreme act of collective violence that is secretly executed in the name of a state. In order to explain the reasons why people torture others, individualist approaches concentrate on individuals' motives or interests. Contrary to that, the article argues that torture should be understood as a social relation. Thus, it takes the social relations of the group of torturers as a starting point. Firstly, following Georg Simmel's analysis of the secret society the paper argues that the group of torturers can adequately be conceptualized as a secret society; secondly, against this background the article reconstructs the conditions which structure torturers' agency; finally, this article offers an outline of the processes and dynamics that allows for explaining the phenomenon of torture. The thesis of the article argues that a relational sociology helps better explain and understand the social phenomenon of torture.
The conclusion to the special section has three objectives: First, it argues that a focus on "practice" implicitly connects all the articles in the special section and thereby reinforces the core points of the analytical framework introduced by Fuchs and Glaab. Second, the paper summarizes the main messages of the articles by identifying three red threads that are dominant in all four contributions. These are the strong focus of all authors on ideational forces, an emphasis on the role of academics and the description of complexities of local-global interdependencies. Third, some common blind spots are identified that merit future research.
Wie geht es weiter
(2011)
Organisationsstrukturen und ihr Einfluss auf die Karriereentwicklung von Wissenschaftlerinnen
(2011)
Vorwort
(2011)