Search results for ""Author Stephen Macedo""

When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens. Universal Jurisdiction brings together leading scholars to discuss the origins, evolution, and implications of this legal weapon against impunity. They examine the questions that cloud its future, and its role in specific cases involving Adolf Eichmann, Pinochet, Habré, and former Rwandan government officials, among others, in order to determine the proper place of universal jurisdiction in the emerging regime of international legal accountability.

Read more less

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

Read more less

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. Just Married demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. Stephen Macedo displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, Macedo opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, Macedo explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. His defense of reformed marriage against slippery slope alarmists on the right, and radical critics of marriage on the left, vindicates the justice and common sense of the emerging consensus. Casting new light on today's debates over the future of marriage, Just Married lays the groundwork for a stronger institution.

Read more less

As the principles and practices of democracy continue to spread ever more widely, it is hard to imagine a corner of the globe into which they will not eventually penetrate. But the euphoria of democratic revolutions is typically short-lived, and usually followed by disgruntlement and even cynicism about the actual operation of democratic institutions. It is widely accepted that democracy is a good thing. However democrats have much work to do in improving the performance of democratic institutions. The essays in this volume focus on this difficult and vital challenge: how can we improve the design of democratic institutions? How can public deliberation in democracies be enhanced? How can elections be reformed so as to dampen the excessive influence of special interests, especially those with money? How can democratic institutions be reformed so they can deal with issues that transcend the boundaries of the nation-state? And finally, how can democratic practices better take account of the internal plurality of societies that are ethnically or otherwise divided? Contributors: Brooke Ackerly, Ian Ayres, Geoffrey Brennan, John Ferejohn, Alan Hamlin, Russell Hardin, Donald Horowitz, Stephen Macedo, Philip Petit, Philippe C. Schmitter, Ian Shapiro, Philippe Van Parjis, Iris Marion Young.

Read more less

Political exclusion and domination are common forms of injustice in democratic societies. What is at stake in choosing one or the other as a way of conceptualizing injustice? Can either concept serve as a master concept for all injustice, or do the phenomena of injustice require a more complex array of analytic categories? The contributors to this volume explore the concepts of exclusion and domination from a wide array of theoretical approaches—liberal and republican, feminist and pluralist. They address topics ranging from racial segregation to criminal sanctions, from the role of the political philosopher to the instruments of genocide. They disagree—sometimes mildly and sometimes profoundly—over how we should construe the forms of exclusion and domination that most command our attention. Ultimately, these authors shed important light on the meaning of justice and injustice in contemporary society. Contributors: Danielle Allen, Michael Blake, Sanford Levinson, Catharine MacKinnon, Martha Nussbaum, Philip Pettit, James Tully, and Miguel Vatter.

Read more less

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential powerOne of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Read more less

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Mller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Read more less

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential powerOne of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Read more less

Most people in the world today think democracy and gender equality are good, and that violence and wealth inequality are bad. But most people who lived during the 10,000 years before the nineteenth century thought just the opposite. Drawing on archaeology, anthropology, biology, and history, Ian Morris explains why. Fundamental long-term changes in values, Morris argues, are driven by the most basic force of all: energy. Humans have found three main ways to get the energy they need--from foraging, farming, and fossil fuels. Each energy source sets strict limits on what kinds of societies can succeed, and each kind of society rewards specific values. But if our fossil-fuel world favors democratic, open societies, the ongoing revolution in energy capture means that our most cherished values are very likely to turn out not to be useful any more. Foragers, Farmers, and Fossil Fuels offers a compelling new argument about the evolution of human values, one that has far-reaching implications for how we understand the past--and for what might happen next. Originating as the Tanner Lectures delivered at Princeton University, the book includes challenging responses by classicist Richard Seaford, historian of China Jonathan Spence, philosopher Christine Korsgaard, and novelist Margaret Atwood.

Read more less

Most people in the world today think democracy and gender equality are good, and that violence and wealth inequality are bad. But most people who lived during the 10,000 years before the nineteenth century thought just the opposite. Drawing on archaeology, anthropology, biology, and history, Ian Morris explains why. Fundamental long-term changes in values, Morris argues, are driven by the most basic force of all: energy. Humans have found three main ways to get the energy they need--from foraging, farming, and fossil fuels. Each energy source sets strict limits on what kinds of societies can succeed, and each kind of society rewards specific values. But if our fossil-fuel world favors democratic, open societies, the ongoing revolution in energy capture means that our most cherished values are very likely to turn out not to be useful any more. Foragers, Farmers, and Fossil Fuels offers a compelling new argument about the evolution of human values, one that has far-reaching implications for how we understand the past--and for what might happen next. Originating as the Tanner Lectures delivered at Princeton University, the book includes challenging responses by classicist Richard Seaford, historian of China Jonathan Spence, philosopher Christine Korsgaard, and novelist Margaret Atwood.

Read more less

In an era in which our conception of what constitutes a “normal” family has undergone remarkable changes, questions have arisen regarding the role of the state in “normalizing” families through public policy. In what ways should the law seek to facilitate, or oppose, parenting and child-rearing practices that depart from the “nuclear family” with two heterosexual parents? What should the state's stance be on single parent families, unwed motherhood, or the adoption of children by gay and lesbian parents? How should authority over child rearing and education be divided between parents and the state? And how should the state deal with the inequalities that arise from birthright citizenship? Through critical essays divided into four parts-Adoption, Race, and Public Policy; Education and Parental Authority; Same Sex Families; and Birthright Citizenship-Child, Family, and State considers the philosophical, political, and legal dilemmas that surround these difficult and divisive questions. An invaluable resource in these contentious debates, Child, Family, and State illuminates the moral questions that lie before policymakers and citizens when contemplating the future of children and families.

Read more less

Does the United States have the right to defend itself by striking first, or must it wait until an attack is in progress? Is the Bush Doctrine of aggressive preventive action a justified and legal recourse against threats posed by terrorists and rogue states? Tackling one of the most controversial policy issues of the post-September 11 world, Michael Doyle argues that neither the Bush Doctrine nor customary international law is capable of adequately responding to the pressing security threats of our times. In Striking First, Doyle shows how the Bush Doctrine has consistently disregarded a vital distinction in international law between acts of preemption in the face of imminent threats and those of prevention in the face of the growing offensive capability of an enemy. Taking a close look at the Iraq war, the 1998 attack against al Qaeda in Afghanistan, and the Cuban Missile Crisis, among other conflicts, he contends that international law must rely more completely on United Nations Charter procedures and develop clearer standards for dealing with lethal but not immediate threats. After explaining how the UN can again play an important role in enforcing international law and strengthening international guidelines for responding to threats, he describes the rare circumstances when unilateral action is indeed necessary. Based on the 2006 Tanner Lectures at Princeton University, Striking First includes responses by distinguished political theorists Richard Tuck and Jeffrey McMahan and international law scholar Harold Koh, yielding a lively debate that will redefine how--and for what reasons--tomorrow's wars are fought.

Read more less

Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.

Read more less

Can virtuous behavior be explained by nature, and not by human rational choice? "It's the animal in us," we often hear when we've been bad. But why not when we're good? Primates and Philosophers tackles this question by exploring the biological foundations of one of humanity's most valued traits: morality. In this provocative book, renowned primatologist Frans de Waal argues that modern-day evolutionary biology takes far too dim a view of the natural world, emphasizing our "selfish" genes and reinforcing our habit of labeling ethical behavior as humane and the less civilized as animalistic. Seeking the origin of human morality not in evolution but in human culture, science insists that we are moral by choice, not by nature. Citing remarkable evidence based on his extensive research of primate behavior, de Waal attacks "Veneer Theory," which posits morality as a thin overlay on an otherwise nasty nature. He explains how we evolved from a long line of animals that care for the weak and build cooperation with reciprocal transactions. Drawing on Darwin, recent scientific advances, and his extensive research of primate behavior, de Waal demonstrates a strong continuity between human and animal behavior. He probes issues such as anthropomorphism and human responsibilities toward animals. His compelling account of how human morality evolved out of mammalian society will fascinate anyone who has ever wondered about the origins and reach of human goodness. Based on the Tanner Lectures de Waal delivered at Princeton University's Center for Human Values in 2004, Primates and Philosophers includes responses by the philosophers Peter Singer, Christine M. Korsgaard, and Philip Kitcher and the science writer Robert Wright. They press de Waal to clarify the differences between humans and other animals, yielding a lively debate that will fascinate all those who wonder about the origins and reach of human goodness.

Read more less