Search: Affective Justice: Book Symposium: A Response

are we to teach? How? Do we need a textbook? If so, what for? What is the role of the teacher? These are some of the self-reflexive questions that any good teacher should periodically ask herself. Stolk’s insightful observations nicely complement Bernardino’s epistemological points and witty remarks. To look at textbooks as ‘engines of socio-mental control’ and to expose the micropolitics of textbook writing is a much-needed revelation of an invisible frame which is conspicuously before our eyes and yet few can see. No textbook can be neutral and offer...

the profession in the textbook itself. Being a textbook author is akin to the anti-thesis of being subversive, young, and cool. Which, of course, underscores Bernardino’s point: the boringness of the textbook should not fool us into thinking that it is uncontestable, on the contrary. But this leaves us with questions such as: Are the hegemonic characteristics of a textbook inherent to the format? And would that mean that, as soon as a textbook becomes subversive and original, it would no longer function as a textbook?  Alexandra: Seems like it...

[Molly Land is Professor of Law at the University of Connecticut School of Law] I’m delighted to be able to take part in this online symposium dedicated to Anupam Chander’s new book, The Electronic Silk Road: How the Web Binds the World Together in Commerce. Chander’s book masterfully brings together a set of debates about technology, privacy, and human rights to consider the pitfalls and promise of regulating Internet trade. In an accessible and engaging way, Chander reorients our thinking about the Internet by locating it firmly in the trajectory...

[Pierre-Hugues Verdier is an Associate Professor of Law at the University of Virginia School of Law] Katerina Linos’s new book, The Democratic Foundations of Policy Diffusion, is one of the most important contributions to arise from the recent turn to empirical scholarship in international law and international relations. Instead of following a deductive path from broad theoretical assumptions, the book carefully combines survey evidence, cross-country regression analysis and case studies to paint a coherent picture of policy diffusion through democracy in the fields of health and family policy. Yet, this...

foreign-relations decision-making outside the courts. Throughout the book, but especially in the war powers chapter, the book describes international legal issues that arise within the executive branch and that are addressed by Congress, rather than focusing just on cases and courts. Nevertheless, the book as a whole is framed around domestic constitutional structures (rather than international law) and trains much of its attention on courts. Finally, I would like to take even more liberties with my assigned chapter and focus on one aspect of the book’s conclusion. The last paragraph...

complicated issue empirically in a new project with Kim Twist. One way to simplify the issue somewhat is to read the references to foreign law in both Roper and Lawrence as Justice Kennedy’s efforts to persuade the American public about the wisdom of his conclusions, conclusions that some segment of the American public would have otherwise found very controversial. This reading might suggest that both Justices and politicians are using foreign law in similar ways. I discuss this issue further in my piece “Legislative Borrowing.” Roger Alford also invited me...

I of the Research Handbook, and this important chapter will hopefully feature in the next edition of the Handbook. Indeed, whereas some environmental aspects are covered in the chapter on the common heritage of mankind, a separate chapter on environmental axiology will make Part I even more comprehensive and inclusive.  Conclusion As this book review symposium is taking place, a devastating war of aggression is raging in Europe, and its humanitarian, political, economic and other effects are felt throughout the world. Alas, events like these make books like ours both...

evolving doctrine on amnesty in transitional justice schemes. Professor Laplante also shares the particular case study of Peru to show how international law directly impacts national transitional justice experiences. She suggests that the truth v. justice dilemma may no longer exist: instead, criminal justice must be done. Professor Ron Slye of Seattle University School of Law will serve as respondent. On Thursday, Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, will discuss his essay The Inevitable Globalization of Constitutional Law. Professor Tushnet’s essay examines the forces...

[Ruti Teitel is the Ernst C Stiefel Professor of Comparative Law, New York Law School and the author of Globalizing Transitional Justice (OUP paper2015).] I have learned a great deal from the thoughtful responses to my article (.pdf) by the participants in this symposium. Dinah PoKempner is correct to say that my article doesn’t address the merits of a “right of accountability” as such but rather looks to how the move to judicialization and application of human rights law interacts with political and other domestic processes of transition. She speculates...

Justice on the Jewish owners in the partial return they have gotten. Hence, the act of recognizing the property rights on the land to its original owners is a result of the “implementation of the Israeli law in Jerusalem and expresses the principals of transitional Justice”. [the translation is mine, L.W] A Critical Analysis of Recognition From a comparative outlook, in the resolution of many land disputes and conflicts when TJ was implemented, the land was returned and justice was made, materially, to victims towards property rights, although disputes on...

and offer remedies. But what is happening in Bangladesh demonstrates that justice sometimes is not just justice. The primary impact of the Tribunal will be shaping Bangladesh’ national identity; is it okay that this will be the legacy of the Tribunal? For most Bangladeshis, the question is not whether the trials uphold standards of justice, but whether justice, in the name of liberation, is done. What we should be watching closely is not just the Tribunal itself, but the way it contributes to the reshaping of the Bangladeshi national identity....

and the person who recorded the footage. They also want to limit access to the information and its circulation. Addressing the needs of these two constituencies so war crimes footage is effectively used for justice and accountability is one of the principal challenges when developing this type of documentation technology. For instance, anonymity of the individuals collecting information is a difficult feature to balance with the demands of justice. Individuals recording the footage may want to stay anonymous because of genuine threats to their personal safety. They may not want...