Jens Meierhenrich - Böcker

The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.

Genocide is a phenomenon that continues to confound scholars, practitioners, and general readers. Notwithstanding the carnage of the twentieth century, our understanding of genocide remains partial. Disciplinary boundaries have inhibited integrative studies and popular, moralizing accounts have hindered comprehension by advancing simple truths in an area where none are to be had. Genocide: A Reader lays the foundations for an improved understanding of genocide. With the help of 150 essential contributions, Jens Meierhenrich provides a unique introduction to the myriad dimensions of genocide and to the breadth and range of critical thinking that exists concerning it. This innovative anthology offers genre-defining as well as genre-bending selections from diverse disciplines in law, the social sciences, and the humanities as well as from other fields. A wide-ranging introductory chapter on the study and history of genocide accompanies the carefully curated and annotated collection. By revisiting the past of genocide studies and imagining its future, Genocide: A Reader is an indispensable resource for novices and specialists alike.

Genocide is a phenomenon that continues to confound scholars, practitioners, and general readers. Notwithstanding the carnage of the twentieth century, our understanding of genocide remains partial. Disciplinary boundaries have inhibited integrative studies and popular, moralizing accounts have hindered comprehension by advancing simple truths in an area where none are to be had. Genocide: A Reader lays the foundations for an improved understanding of genocide. With the help of 150 essential contributions, Jens Meierhenrich provides a unique introduction to the myriad dimensions of genocide and to the breadth and range of critical thinking that exists concerning it. This innovative anthology offers genre-defining as well as genre-bending selections from diverse disciplines in law, the social sciences, and the humanities as well as from other fields. A wide-ranging introductory chapter on the study and history of genocide accompanies the carefully curated and annotated collection. By revisiting the past of genocide studies and imagining its future, Genocide: A Reader is an indispensable resource for novices and specialists alike.

The Oxford Handbook of Transitional Justice is an authoritative guide to the rapidly growing domain of transitional justice-the practices and processes of reckoning pursued in the aftermath of historic injustice. Since the neologism's coining in the late 1990s, “transitional justice” has become one of the 21st century's most influential practices of international humanitarianism. However, transitional justice projects often conceal the very violence they are intended to address - or even inflict further violence on victims of atrocities.Across 48 genre-bending chapters, the Handbook explores, articulates, and advances a multifaceted critique of transitional justice. Ranging innovatively across space and time, it interrogates the nature and legacies of the “justice cascade” that the prosecution of international crimes is said to have inspired. An interdisciplinary cast of leading scholars questions the meaning and efficacy of transitional justice's modalities, which range from archives to courts; from memorials to reparations. In so doing, this volume's authors critically challenge the panglossian orthodoxies that have accumulated and ossified around efforts to come to terms with violent pasts, from colonialism to genocide. This global endeavor is not one of tear-down, however. Rather, it points toward a reimagined project that is more clear-eyed about the promises of transitional justice-and its inherent limits. A definitive work on the subject, The Oxford Handbook of Transitional Justice is essential reading for students, scholars, and practitioners interested in practices of reckoning.

The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.

This book examines one of the most frequently used - but least understood - forms of humanitarian intervention: international commissions of inquiry (ICOIs). The international community is increasingly dispatching these investigative bodies to conflict zones in an effort to respond to atrocities from civil war to genocide. More than thirty such bodies have been deployed since the end of the Cold War. Because military interventions to save distant strangers are inherently difficult to mount, Jens Meierhenrich finds that legal interventionism is supplanting military interventionism on the international stage.Commonly thought of as fact-finding mechanisms aimed at investigating serious violations of international humanitarian law and human rights law, international commissions of inquiry are created to establish "atrocity facts." They address highly policy-relevant questions: Who is killing whom, and why? Who are the perpetrators? What international crimes, if any, have been committed? Does conflict resolution demand diplomacy, or is coercive force required? International commissions of inquiry are essential for classifying atrocities, attributing responsibility, and recommending further action. This pioneering collection brings together experts in their field to critically assess international fact-finding, from the UN Commission of Experts on the former Yugoslavia, to the the controversial UN Fact-Finding Mission on the Gaza Conflict, as well as the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea. Essential for scholars and practitioners alike, this highly innovative volume sheds light on the politics, power, and pathologies of this newest interventionism.

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.

The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid antisemitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.

Focusing on South Africa during the period 1650-2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650-2000, compared with a short study of Chile from 1830-1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.

Focusing on South Africa during the period 1650-2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650-2000, compared with a short study of Chile from 1830-1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts - and thus the rise of lawfare in post-genocide Rwanda - was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.

'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.

The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.