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The Law Confronts Hard Cases
The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In Crimes of the Holocaust, Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings.
Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. Crimes of the Holocaust is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address.
Daniel A. Rudd's Ecclesiologically-Centered Vision of Justice in "The American Catholic Tribune"
Daniel Rudd, born a slave in Bardstown, Kentucky, grew up to achieve much in the years following the Civil War. His Catholic faith, passion for activism, and talent for writing led him to increasingly influential positions in many places. One of his important early accomplishments was the publication of the American Catholic Tribune, which Rudd referred to as “the only Catholic journal owned and published by colored men.” At its zenith, the Tribune, run out of Detroit and Cincinnati, where Rudd lived, had ten thousand subscribers, making it one of the most successful black newspapers in the country. Rudd was also active in the leadership of the Afro-American Press Association, and he was a founding member of the Catholic Press Association. By 1889, Rudd was one of the nation’s best-known black Catholics. His work was endorsed by a number of high-ranking church officials in Europe as well as in the United States, and he was one of the founders of the Lay Catholic Congress movement. Later, his travels took him to Bolivar County, Mississippi, and eventually on to Forrest City, Arkansas, where he worked for the well-known black farmer and businessperson, Scott Bond, and eventually co-wrote Bond’s biography.
Most scholars of genocide focus on mass murder. Lawrence Davidson, by contrast, explores the murder of culture. He suggests that when people have limited knowledge of the culture outside of their own group, they are unable to accurately assess the alleged threat of others around them. Throughout history, dominant populations have often dealt with these fears through mass murder. However, the shock of the Holocaust now deters today’s great powers from the practice of physical genocide. Majority populations, cognizant of outside pressure and knowing that they should not resort to mass murder, have turned instead to cultural genocide as a “second best” politically determined substitute for physical genocide.In Cultural Genocide, this theory is applied to events in four settings, two events that preceded the Holocaust and two events that followed it: the destruction of American Indians by uninformed settlers who viewed these natives as inferior and were more intent on removing them from the frontier than annihilating them; the attack on the culture of Eastern European Jews living within Russian-controlled areas before the Holocaust; the Israeli attack on Palestinian culture; and the absorption of Tibet by the People’s Republic of China.In conclusion, Davidson examines the mechanisms that may be used to combat today’s cultural genocide as well as the contemporary social and political forces at work that must be overcome in the process.
Intangible Rights as Human Rights
Are human rights universal? The immediate response is "yes, of course." However, that simple affirmation assumes agreement about definitions of the "human" as well as what a human is entitled to under law, bringing us quickly to concepts such as freedom, property, and the inalienability of both. The assumption that we all mean the same things by these terms carries much political import, especially given that different communities (national, ethnic, religious, gendered) enact some of the most basic categories of human experience (self, home, freedom, sovereignty) differently. But whereas legal definitions often seek to eliminate ambiguity in order to define and protect the rights of humanity, ambiguity is in fact inherently human, especially in performances of heritage where the rights to sense, to imagine, and to claim cultural identities that resist circumscription are at play.
Cultural Heritage in Transit examines the intangibilities of human rights in the realm of heritage production, focusing not only on the ephemeral culture of those who perform it but also on the ambiguities present in the idea of cultural property in general—who claims it? who may use it? who should not but does? In this volume, folklorists, ethnologists, and anthropologists analyze the practice and performance of culture in particular contexts—including Roma wedding music, Trinidadian wining, Moroccan verbal art, and Neopagan rituals—in order to draw apart the social, political, and aesthetic materialities of heritage production, including inequities and hierarchies that did not exist before. The authors collectively craft theoretical frameworks to make sense of the ways the rights of nations interact with the rights of individuals and communities when the public value of artistic creations is constituted through international law.
Contributors: Valdimar Tr. Hafstein, Deborah Kapchan, Barbro Klein, Sabina Magliocco, Dorothy Noyes, Philip W. Scher, Carol Silverman.
Stanley Levison, Martin Luther King, Jr., and The Kennedy Brothers
Leo Jacobs has written a unique and personal account of what it is like to be deaf in a hearing world. He speaks out on such issues as mainstreaming and its effect on deaf children and the Deaf community, total communication versus oralism, employment opportunities for deaf adults, and public policy toward deaf people. This new edition includes an update of services by and for deaf people, and an expanded chapter on legislation and social issues that have had an impact on the Deaf community in the last ten years.
Emergence, Struggle, and Rhetoric
Employing the methodology successfully used to explore other social movements in America, this meticulous study examines the rhetorical foundation that motivated Deaf people to work for social change during the past two centuries. In clear, concise prose, Jankowski begins by explaining her use of the term social movement in relation to the desire for change among Deaf people and analyzes the rhetoric they used, not limited to spoken language, to galvanize effective action. Central to Deaf Empowerment is the struggle between the dominant hearing society and Deaf people over the best means of communication, with the educational setting as the constant battleground. This evocative work first tracks the history of interaction between these two factions, highlighting the speaking majority’s desire to compel Deaf people to conform to “the human sciences” conventionality by learning speech. Then, it sharply focuses on the development of the Deaf social movement's ideology to seek general recognition of sign language as a valid cultural variation. Also, the influence of social movements of the 60s and 70s is examined in relation to the changing context and perception of the Deaf movement, as well as to its rhetorical refinement. Deaf Empowerment delineates the apex of effective Deaf rhetoric in describing the success of the Deaf President Now! protest at Gallaudet University in 1988, its aftermath, and ensuing strategies. It concludes with an assessment of the goal of a multicultural society and offers suggestions for community building through a new humanitarianism. Scholars of social movements and Deaf studies will find it to be a uniquely provocative addition to their libraries and classrooms.
Antislavery and Proslavery Liberalism in Antebellum America
Frederick Douglass and George Fitzhugh disagreed on virtually every major issue of the day. On slavery, women's rights, and the preservation of the Union their opinions were diametrically opposed. Where Douglass thundered against the evils of slavery, Fitzhugh counted its many alleged blessings in ways that would make modern readers cringe. What then could the leading abolitionist of the day and the most prominent southern proslavery intellectual possibly have in common? According to David F. Ericson, the answer is as surprising as it is simple; liberalism.
In The Debate Over Slavery David F. Ericson makes the controversial argument that despite their many ostensible differences, most Northern abolitionists and Southern defenders of slavery shared many common commitments: to liberal principles; to the nation; to the nation's special mission in history; and to secular progress. He analyzes, side-by-side, pro and antislavery thinkers such as Lydia Marie Child, Frederick Douglass, Wendell Phillips, Thomas R. Dew, and James Fitzhugh to demonstrate the links between their very different ideas and to show how, operating from liberal principles, they came to such radically different conclusions. His raises disturbing questions about liberalism that historians, philosophers, and political scientists cannot afford to ignore.
Governance from Below in Bolivia
Bolivia decentralized in an effort to deepen democracy, improve public services, and make government more accountable. Unlike many countries, Bolivia succeeded. Over the past generation, public investment shifted dramatically toward primary services and resource distribution became far more equitable, partly due to the creation of new local governments. Many municipalities responded to decentralization with transparent, accountable government, yet others suffered ineptitude, corruption, or both. Why? Jean-Paul Faguet combines broad econometric data with deep qualitative evidence to investigate the social underpinnings of governance. He shows how the interaction of civic groups and business interests determines the quality of local decision making. In order to understand decentralization, Faguet argues, we must understand governance from the ground up. Drawing on his findings, he offers an evaluation of the potential benefits of decentralization and recommendations for structuring successful reform.