Search: Affective Justice: Book Symposium: A Response
01 Apr Guest Post: Goodman Responds to Heller on Capture v. Kill
...is no mention of capture anywhere in that commentary.” It is a remarkable rhetorical move what level of specification Heller demands here (an explicit reference to “capture”). Just as sufficient for our purposes, the Commentaries to Article 35 discuss unnecessary killing. Indeed, as Heller knows well (from my EJIL article and my response to Heller 1.0 and my responses to Corn et al), the Commentaries do refer earlier to the rule that “‘the kind of force which is necessary to compel the submission of the enemy’” should minimize the unnecessary...21 Oct My Thoughts on the (Robert) Bernstein Editorial (Slightly Updated)
Jonathan Adler, a blogger at The Volokh Conspiracy, has asked me what I think about the editorial that Robert Bernstein, the founder of Human Rights Watch, published yesterday in the New York Times criticizing the organization’s coverage of Israel. My basic response: although I disagree with much of what Bernstein has to say, his criticisms must give anyone pause, because he obviously cares deeply about the organization. Before I turn to what I disagree with, it’s interesting to note that Bernstein seems to acknowledge that Israel has in the past...
24 Aug Symposium on The Sentimental Life of International Law: The Dangers of Sentiment
of International Criminal Justice. Is international law having a Hallmark Minute? If, as the jurisprudes keep reminding us, candor is dandy, can we now reply that affection is also effective, that fondness has its own forensic force? The sentiments suffusing these books are not those of the greeting card and the holiday romance; instead, they speak to the affective dynamics that obtain among parties, judges, lawyers, and law professors, in contexts that explore “the relationships between feelings and judgments” or offer “hybridised accounts of cognition and feeling” (41). For Simpson,...
25 Jan International Law’s Invisible Frames Symposium: Inter-Temporality, Legal Fictions and Wartime Emotions in the Investigation of International Humanitarian Law Violations
A Comment on Shiri Krebs’ chapter “The Invisible Frames Affecting Wartime Investigation: Legal Epistemology, Metaphors, and Cognitive Biases” [Emiliano J. Buis is a Professor of Public International Law at the University of Buenos Aires (UBA) and at the Central University of the Province of Buenos Aires (UNICEN), and researcher at the National Research Council for Science and Technology (CONICET)] Introduction Shiri Krebs’ insightful contribution to the book International Law’s Invisible Frames. Social Cognition and Knowledge Production in International Legal Processes, edited by Andrea Bianchi and Moshe Hirsch, is a thought-provoking...27 Jul Can There Be a “Global Solution” to Strategic Olympic Nationality?
...No doubt there are “strange nationalities.” In some cases, individuals have exploited an anomalous basis for citizenship in countries to which they have little or no affective (or effective) attachment – often on the basis of a parent or grandparent’s nationality. In others, countries have in effect bought competitors, with a grant of citizenship as a necessary part of the bargain. I don’t see this is as a problem, except to the extent that it depends on luck of the draw (either you have that grandparent or you don’t). But...19 Jun Events and Announcements: June 19, 2016
...a call for papers for its upcoming panel on “Emotional Warfare and its Limits: Towards an Affective Turn in International Humanitarian Law”, organized in the context of the International Conference on “Historicising International (Humanitarian) Law? Could we? Should we?” on 6–8 October 2016. When and why did the law of armed conflict become “humanitarian”? What role do fear, envy, or friendship play in the regulation of war? Can law offer an effective way out of the irrationality of violence? Possible answers to these questions cannot be addressed by means of...
19 Jan What Has 2023 Taught Us About Tomorrow’s Universities? From AI to Palestine
...‘present’ are students in their learning when in lectures? Do we create opportunities for them to be ‘present’ in tutorials? Participation is key to effective learning, highlighting the need to reflect on student behaviour rather than just police it. By contrast, emotional engagement considers affective responses. Do they display interest or indifference, enthusiasm or anxiety? Have they formed an emotional connection to the learning process, with their peers, or even with us as educators? Positive affect paves the way to sincere effort, underscoring the importance of fostering a supportive emotional...04 Feb Iranian Nuclear Sabres Rattle
Iran’s decision to resume uraniam enrichment is precisely what it threatened before the IAEA Board meeting last week. In a letter dated February 2, 2006, Iran firmly requested that the case not be submitted to the Security Council. It included the threat that “I am afraid to warn that if the interlocutors of Iran want to put pressure on the [IAEA] Board to report the issue to the UN Security Council and this pressure be affective, and the [Security] Council would be involved in any way with the Iranian peaceful...31 Mar Bad Criminal Law in the Alexander Blackman Case (With Addendum)
...types found in any of the affective disorders (except for delusions and hallucinations), any disorder in F4 (neurotic, stress related and somatoform disorders) and conduct disorders, so long as the criteria of an individual disorder are not fulfilled. Symptoms may be variable in both form and severity.” 33. The symptoms include depressed mood, anxiety, worry, a feeling of an inability to cope, plan ahead or continue in the present situation, with some degree of disability in performance of the daily routine. The symptoms vary considerably; some suffer very mild symptoms;...