This chapter addresses the legal construction that helps to answer the question of how the UN and inter-governmental organisations (IGOs) are separate and autonomous i.e. independent of member states, when member states have created IGOs and sit and vote in their organs. It reminds the reader about the possibility of creation of separate, abstract legal entities, such as clubs, societies, corporations, and states. In international law there needs to be an assessment of whether IGOs are legal subjects of the international legal order, thereby having international legal personality, separate from the states. The chapter presents the International Court's advisory opinion in the Reparations case, which was in favour of the UN possessing international legal personality, with the concomitant right to bring claims against states.
This introduction provides an outline of the book's background and structure, as well as the arguments placed in the subsequent chapters. The book considers the US's relationship with the screen, with a particular focus on the idea of America and the history of Hollywood, to contextualise and theorise television's second golden age. It discusses the political importance of America's relationship with television in the twenty-first century, assessing the screening of the US under three very different presidents. The book advances an understanding of American politics as a 'discursive battlefield', on which arguments are won and lost. It explores how it is that fictional television can amplify, complicate, or open up dominant political understandings. The book also considers television shows dealing only implicitly with political themes. It argues that fictional television shows have made important political interventions that create the conditions of possibility underpinning the reality of life in the US.
The phrase 'what's there is there' is taken from a 13 May 2009 blogpost by Norman Geras on the subject of Karl Marx's antisemitism. Many Marxists have been, at best, unwilling to deal with these less savoury aspects of Marx's thought and character. Much of the work of Geras involved significant dissent from the Marxist tradition in which he located himself, precisely because unvarnished honesty prevented him from glossing over the many troubling ideas and notions that, simply, are there. The willingness to draw out the good in liberalism from a Marxist standpoint was one key reason for the distinctiveness of Geras's approach to modern political theory. Normblog, launched by Geras in 2003, demonstrated how Geras, as a Marxist, took on the shibboleths of the postmodern left, and in particular the relativism whose malign influence he had noted when writing his book on Marx's conception of human nature.
In this introduction, translator P.G. Maxwell-Stuart sets out the key themes and features of the three distinct parts of The Malleus Maleficarum, discussing he intellectual ambience of the Malleus, magic in the fifteenth century, and inquisitors Heinrich Institoris and Jakob Sprenger. The chapter concludes with a discussion of the later history of the Malleus, and it's various printings and translations into German, French, English, and Italian.
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book makes it clear that the law of international organisations is dominated by the united nations (UN). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents a number of case studies that shows how the law works within an institutional order dominated by politics. The case studies highlight the debates that surround even the most basic legal issues; the furore surrounding the membership application of Palestine to join the UN, or the UN's claim to immunity in Haiti where it has been responsible for a catastrophic outbreak of cholera. The book also shows that law plays a significant role in curbing excesses and the abuse of power, as well as facilitating the channelling of power to achieve those purposes.
This chapter focuses on four broad chronological periods of the study of black American history. The first era of scholarship in African American history lasted from 1882 down to 1909. The leading writers on black history in this period were African Americans. The second era of scholarship lasted from 1909 through to the mid-1930s. W. E. B. Du Bois was one of the leading figures of this period. The third era of African American scholarship lasted from the mid-1930s through to the end of the 1960s. In the late 1930s and early 1940s a new generation of black historians such as Benjamin Quarles and John Hope Franklin, began to take over academic leadership in African American history. The fourth era of scholarship in African American history dates from around 1970. The post-war Civil Rights Movement continued to have a profound influence on the development of African American historiography.
The term 'lobbying' derives from the particular location in which the activity supposedly takes place, the parliamentary or legislative lobby. In practice, most lobbying takes place elsewhere: in government offices, in restaurants or online. This chapter presents the arguments in favour of and against lobbying. The expansion and greater sophistication of lobbying makes the task of government more difficult. Lobbyists make demands of government, but they do not provide solutions. One solution that was advanced in the past was to incorporate pressure groups into the business of government. Government cannot satisfy all the demands made by lobbyists, but it may seem to be particularly susceptible to those made by corporate interests. This can undermine citizen confidence in the capacity of government and hence in the democratic process.
Shane Kilcommins, Susan Leahy, Kathleen Moore Walsh and Eimear Spain
Justice systems are partially being reconstructed again, as they demonstrate an increased sensitivity to the needs and concerns of victims of crime. It has been suggested that a number of factors has facilitated the increased awareness of victims in Western criminal justice systems, which are discussed in this chapter. To begin with, the introduction of state compensation programmes can be viewed as an early attempt to move victims away from the periphery of the criminal process. The growth in the women's movement also 'raised the consciousness of women to the oppression of criminal violence'. The European Convention of Human Rights acts as another influential normative framework that seeks to extend the reach of rights in the criminal process to include victims of crime. The chapter provides information on specific challenges for the Irish criminal process. It also presents an overview of the key concepts discussed in this book.
This introduction covers some key concepts discussed in the subsequent chapters of this book. In parliamentary systems, referendums are redundant as by seeking a simplistic binary yes/no answer to complex questions, they succumb to emotion and run amok. The book explores whether there more referendums now than in the past, whether that has made the world become more democratic. It examines whether referendums are linked with the growth in social movements in recent years and whether there is a tendency to use alternative channels to challenge the status quo. It also examines whether there is the undeniable prominence of referendums undermining representative democracy. The book outlines the world history of the referendum, and analyses the 2014 referendum on Scottish independence and the 2016 vote on the UK's membership to the EU, and summarises some of the trends and tendencies in the use of the referendum internationally.