Law and/or/as Civility

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Keith J. Bybee
Keyword(s):  
Rule Of Law ◽  
The United States ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
The Rule Of Law ◽  
Current State ◽  
The World ◽  
Traditional Patterns ◽  
State Of Affairs

The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday behavior to constitute civility, then we can approach the current state of affairs by asking how law and civility relate to one another. I survey and discuss three different understandings of the law/civility relationship: law and civility, law or civility, and law as civility. Each of these understandings is an analytical resource, and as such, each understanding captures a facet of a complex relationship and provides a way to think about our current age of unrest. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

scholarly journals Introduction: Pluralism, Contestation, and the Rule of Law

2021 ◽  
Vol 30 (4) ◽  
Author(s):  
Keith Cherry
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
The United States ◽  
The European Union ◽  
Colonial State ◽  
The Rule Of Law ◽  
Indigenous Nations ◽  
The World ◽  
The Face ◽  
Democratic Election

Around the world, the current political conjuncture is one of profound challenges for constitutionalism and the rule of law. In the United States, the executive has willfully engaged in a prolonged attempt to weaponize the machinery of the state and radicalize public opinion in order to undermine a democratic election. In the European Union, the increasingly authoritarian relationship between the executive and the judiciary in Poland and Hungary is posing the most profound threat to European constitutionalism in decades. In Hong Kong, the Chinese state is actively seeking to undermine legislative and judicial independence in the face of unprecedented pro-democracy mobilizations. In India, Lebanon, Bolivia, and elsewhere mass mobilizations are challenging, and being suppressed in the name of, the rule of law. Here in Canada, the Wet’suwet’en and their supporters, as well as the Tsleil Waututh, Haudenosaunee, L’nu (Mi’kmaq), Inuit, and members of countless other Indigenous nations are contesting the very nature of the rule of law, as they assert Indigenous laws against the law enforcement of the colonial state. Around the world, the use of emergency powers in response to the COVID-19 pandemic is also raising profound constitutional concerns.

scholarly journals Replicability in Empirical Legal Research

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Jason M. Chin ◽  
Kathryn Zeiler
Keyword(s):  
Social Sciences ◽  
Social Science ◽  
Science Volume ◽  
Reform Movement ◽  
Annual Review ◽  
Publication Date ◽  
Legal Research ◽  
Current State ◽  
The Social ◽  
Statistical Issues

As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research (ELR). Quality is especially important in this field because empirical legal researchers produce work that is regularly relied upon by courts and other legal bodies. In this review, we summarize the current state of ELR relative to the broader movement toward replicability in the social sciences. As part of that aim, we summarize recent collective replication efforts in ELR and transparency and replicability guidelines adopted by journals that publish ELR. Based on this review, ELR seems to be lagging other fields in implementing reforms. We conclude with suggestions for reforms that might encourage improved replicability. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals The Backlash Against Globalization

2021 ◽  
Vol 24 (1) ◽  
Author(s):  
Stefanie Walter
Keyword(s):  
Science Volume ◽  
Future Research ◽  
Annual Review ◽  
Publication Date ◽  
International Policy ◽  
Policy Makers ◽  
Popular Narrative ◽  
The World ◽  
Societal Actors ◽  
National Governments

In recent years, the world has seen a rising backlash against globalization. This article reviews the nature, causes, and consequences of the globalization backlash. It shows that, contrary to a popular narrative, the backlash is not associated with a large swing in public opinion against globalization but is rather a result of its politicization. The increasing influence of globalization-skeptic actors has resulted in more protectionist, isolationist, and nationalist policies, some of which fundamentally threaten pillars of the contemporary international order. Both material and nonmaterial causes drive the globalization backlash, and these causes interact and mediate each other. The consequences are shaped by the responses of societal actors, national governments, and international policy makers. These responses can either yield to and reinforce the global backlash or push back against it. Understanding these dynamics will be an important task for future research. Expected final online publication date for the Annual Review of Political Science, Volume 24 is May 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Making the Sentencing Case: Psychological and Neuroscientific Evidence for Expanding the Age of Youthful Offenders

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
B.J. Casey ◽  
C. Simmons ◽  
L.H. Somerville ◽  
A. Baskin-Sommers
Keyword(s):  
Criminal Behavior ◽  
The United States ◽  
Annual Review ◽  
Publication Date ◽  
Life Without Parole ◽  
Current State ◽  
Youthful Offenders ◽  
The Life Course ◽  
State Of The Science ◽  
Brain Behavior

Youthful offenders convicted of serious crimes continue to be sentenced to death and life without parole in the United States based on legal arguments that cast them as incorrigible and permanent dangers to society. Yet psychological and neuroscientific evidence contradicts these arguments and unequivocally demonstrates significant changes in brain, behavior, and personality throughout the life course, especially during adolescence as it extends into the early twenties. This article ( a) clarifies the current state of the science on typical behavioral and brain development showing robust changes into the twenties; ( b) demonstrates that behavior, personality, and psychopathic traits are dynamic and change over time; and ( c) underscores that reliance on prior criminal behavior only to predict later recidivism is tenuous at best. Together, these scientific insights make a case for extending juvenile protections to youthful offenders sentenced for crimes committed in their teens and early twenties. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Binocular Vision and Stereopsis Across the Animal Kingdom

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Jenny C.A. Read
Keyword(s):  
Binocular Vision ◽  
Science Volume ◽  
Human Vision ◽  
Annual Review ◽  
Publication Date ◽  
Neural Basis ◽  
Animal Kingdom ◽  
Vision Science ◽  
The World ◽  
Vantage Points

Most animals have at least some binocular overlap, i.e., a region of space that is viewed by both eyes. This reduces the overall visual field and raises the problem of combining two views of the world, seen from different vantage points, into a coherent whole. However, binocular vision also offers many potential advantages, including increased ability to see around obstacles and increased contrast sensitivity. One particularly interesting use for binocular vision is comparing information from both eyes to derive information about depth. There are many different ways in which this might be done, but in this review, I refer to them all under the general heading of stereopsis. This review examines the different possible uses of binocular vision and stereopsis and compares what is currently known about the neural basis of stereopsis in different taxa. Studying different animals helps us break free of preconceptions stemming from the way that stereopsis operates in human vision and provides new insights into the different possible forms of stereopsis. Expected final online publication date for the Annual Review of Vision Science, Volume 7 is September 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals The Rise of Local Politics: A Global Review

2021 ◽  
Vol 24 (1) ◽  
Author(s):  
Patrick Le Galès
Keyword(s):  
North America ◽  
Local Politics ◽  
Local Governance ◽  
Economic Globalization ◽  
Science Volume ◽  
Annual Review ◽  
Publication Date ◽  
Politics Of Scale ◽  
The Past ◽  
The World

Not all politics is local. Not even local politics is necessarily local. The reemergence of local politics is not comparable to the nationalization of politics but is rather an element making multilevel policies more or less interconnected. This global review (not including North America) suggests that the rise of local politics is explained by three set of processes—( a) democratization, including protest, ( b) economic globalization, urbanization, and the deepening of territorial inequalities, and ( c) decentralization or deconcentration and the rise of local governance and policies. The rise of local politics is not a revival of the past but an element of the politics of scale taking. All over the world, local politics is increasingly about policies, governance, and political choice. Expected final online publication date for the Annual Review of Political Science, Volume 24 is May 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals Theory of Freedom’s Zhuang Zhi: The Perspective of Limitation of Executive Power

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Pham Quang Huy
Keyword(s):  
New York ◽  
Rule Of Law ◽  
United States Of America ◽  
The United States ◽  
Executive Power ◽  
Western World ◽  
The Rule Of Law ◽  
Department Of State ◽  
Information Program ◽  
The World

On the basis of the presentation, analyzing the free doctrine of Zhuang Zhi, the author explains the origin and the rationale for this doctrine as well as the nature of Zhuang Zhi's free philosophy. At the same time, the author also refers to the philosophy of freedom with the doctrine of the rule of law, especially the content of executive limitation to freedom. Keywords: Theory of freedom, Zhuang Zhi, the rule of law. References: [1] Thu Giang, Nguyễn Duy Cần, Cái cười của thánh nhân của, NXB Thanh Niên, Hà Nội, 1999 trang 12.[2] Tư Mã Thiên, Phan Ngọc dịch, Sử Ký Tư¬ Mã Thiên, NXB Văn học, Hà Nội, 2001, trang 301.[3] Trang Tử, “Mộng hồ điệp”, dẫn theo Thu Giang Nguyễn Duy Cần, Sđd, trang 71.[4] Sử Ký Tư Mã Thiên, Sđd, trang 301.[5] Sử Ký Tư Mã Thiên, Sđd, trang 299.[6] Hồ Thích, Nguyễn Văn Dương dịch, Đại cương triết học sử Trung Quốc, NXB Thanh Niên, 1999, trang 105.[7] Thu Giang Nguyễn Duy Cần dịch Lão Tử Đạo Đức Kinh, Thanh Niên, 1999, trang 283.[8] Đại cương triết học sử Trung Quốc, sđd, tr 117.[9] Trang Tử Nam Hoa Kinh, sđd, tr 98 - 100.[10] Cao Xuân Huy, Triết học Phương Đông gợi những điểm nhìn tham chiếu, NXB Văn học, 1995 tr 494. [11] Nguyễn Đăng Dung, Sự hạn chế quyền lực nhà nước, NXB Đại học Quốc gia. 2005,[12] Lê Đình Chân, Luật Hiến pháp và các định chế chính trị, Đại học Luật khoa Sài Gòn, Sài Gòn, 1974, tr265.[13] J. Herbert Muller, Freedom in Western World: From the Dark Ages to the Rise of Democracy, Harper Colophon Books, New York, London, 1963, p275.[14] The Constitution of the United States of America with Explanatory Notes, adapted from The World Book Encyclopedia, International Information Program, Department of State of the U.S, 2004, pg73[15] Trang Tử Nam Hoa Kinh, sđd, tr 59., truy cập ngày 18/12/2018.

Why the Growing Concern About Corruption?

2017 ◽  
Author(s):  
Fritz Heimann ◽  
Mark Pieth
Keyword(s):  
Rule Of Law ◽  
The United States ◽  
Government Officials ◽  
Quarter Century ◽  
Counterfeit Goods ◽  
The Rule Of Law ◽  
The Past ◽  
The World ◽  
Access To Water ◽  
Different Parts

The need for action to combat corruption is paramount. Corruption undermines democratic institutions and the rule of law. This chapter describes the escalating public demand for action against corruption, including in China, Korea, India, South Africa, Nigeria, Brazil, France, Italy, Mexico, and the United States. Corruption hurts all parts of society but its most devastating effect is on the poor who are widely extorted by government officials to pay for public services that should be freely available such as admissions to clinics and schools, and access to water and electricity. Corrupt interests have taken over failed states in different parts of the world and utilize them as bases for illicit activities including drug trafficking, prostitution, and smuggling of counterfeit goods. Anticorruption programs started in the past quarter century have laid a solid basis for making progress. Perseverance and redoubled efforts are required. Failure to confront corruption would be totally irresponsible.

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