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This is a case study of Guatemala’s judicial system, initially designed to be a pluralist model in 1984. However, it is now captured by political entrepreneurs who are undermining liberal democracy. The research warns about similar risks in other young democracies and explains the pitfalls of judicial councils and capturable courts. Although judiciaries are now seen as safeguards against authoritarianism, this study demonstrates how they can be subverted. Unlike authoritarian populists who weaken judicial institutions through popular support, this case shows how entrepreneurs rely on intimidation and capture. Using data of the growth of lawyers, I propose the entrepreneurs outnumbered the elites committed to democracy and captured the nomination process in favor of uncommitted elites leading to democratic backsliding.
Recently there have been extraordinary instances of public and political elite complaints toward the Supreme Court. Through a survey experiment, we find that when respondents read that a copartisan executive is offended by recent Supreme Court decisions and threatening to ignore future decisions, respondents increase their support of executives’ not complying with and going public against the Court. Additionally, we find that partisans reward candidates by voting for them at higher rates if they ignore a Court decision that harmed the participant’s party. Our findings hold implications for continued institutional arrangements and our understanding of the functioning of our democracy.
This volume is intended to introduce students and general readers to the theory and practice of rhetoric. Part I offers classic statements of rhetoric in Plato (in the Gorgias), Aristotle (in the Art of Rhetoric) and other seminal thinkers—both what rhetoric is and what its potential virtues and vices, strengths and weaknesses, are. The rest of Part I is devoted to explaining Aristotle’s classic and influential account of rhetoric: its three main kinds (deliberative, epideictic, and judicial) and the three “modes of persuasion” or proofs characteristic of it (those that appeal to the speaker’s ethos or character, to the pathos or emotion of the audience, and to logos or the logic of the speech itself). Part II offers a broad range of exemplary speeches, ancient and modern, grouped thematically. There is a preference throughout for political speeches, as distinguished from essays, letters, and other forms of communication; and our collection boasts a diversity of speakers.
Political Rhetoric in Theory and Practice is an introduction to the art of rhetoric or persuasive speaking. A collection of primary sources, it combines classic statements of the theory of political rhetoric (Aristotle, Isocrates, Demosthenes, Cicero) with a rich array of political speeches, from Socrates to Martin Luther King Jr., Pericles to Richard Nixon, Sojourner Truth to Phyllis Schlafly. These speeches exemplify not only the three principal kinds of rhetoric – judicial, deliberative, and epideictic – but also the principal rhetorical proofs. Grouped thematically, the speeches boast a diversity of speakers, subject matters, and themes. At a time when the practice of democracy and democratic deliberation are much in question, this book seeks to encourage the serious study of rhetoric by making available important examples of it, in both its noblest and its most scurrilous forms.
[3.1] The constitutional framework of legislation, federal and state, is relevant to statutory interpretation in various ways. At its most general level, the framework identifies the source of interpretative law for legislation. Further, three fundamental constitutional concepts – the separation of powers, the rule of law and parliamentary supremacy – both influence and provide a foundation for statutory interpretation law. Although these concepts are complex, and the subject of considerable discourse in constitutional law, it is important to understand their basic characteristics as a backdrop to the more detailed examination of statutory interpretation law that follows in this book.
This chapter introduces the concepts of convergence and fragmentation in international human rights law (IHRL) by providing and discussing their definitions and meanings. Building on the conclusion of the 2006 ILC Report on Fragmentation in international law and drawing on existing literature on the matter, the chapter assesses the extent of normative fragmentation and proposes a new definition of judicial fragmentation in IHRL. Moreover, this chapter also engages in a discussion of how convergence and fragmentation relate to the concepts of universality and relativism, key for any comparative discussion on human rights.
The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.
The number of transnational corporations (TNCs) – including parent companies and subsidiaries – has exploded over the last forty years. In 1970, there were approximately 7,000 TNCs in the world; today, there are more than 100,000 with over 900,000 foreign affiliates.1 TNCs are now so complex and amorphous in their structure – even compared to ten years ago – that it is difficult for even the most sophisticated legal systems to adequately hold TNCs accountable for the harms they create in countries where they operate, even as the TNCs make enormous profits at the expense of often vulnerable communities. The truth is, certain legal doctrines, often devised nearly a century ago or longer, are too outdated to sufficiently assure that TNCs are held accountable for harms they create in today’s world, where TNCs operate globally, and often have structures that transcend a single country or jurisdiction.
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia