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"Barak, On, author"
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Heat : a history
\"With an unrelenting barrage of record-breaking temperatures dominating the headlines, an enigma arises--despite the flames licking at our feet, most people fail to fully grasp the gravity of environmental overheating. What acquired habits and mechanisms grant us the capacity to turn a blind eye with an air of detachment? Heat: A History shows how scientific methods of accounting for heat and modern forms of acclimatization have desensitized us to climate change. Ubiquitous air conditioning, shifts in urban planning, and changes in mobility all served as temporary remedies for escaping the heat in hotspots such as the twentieth-century Middle East. However, all these measures have ultimately fuelled not only greenhouse gas emissions but also a collective myopia regarding the impact of rising temperatures. Identifying the scientific abstractions and economic and cultural forces that have numbed our responses this book charts a way forward out of short-term thinking and towards meaningful action\"-- Provided by publisher.
BOOK
Proportionality
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
eBook
The judge in a democracy
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book.
In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the \"internal morality\" of democracy.
Barak's vigorous support of \"purposive interpretation\" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential \"originalism\" advocated by U.S. Supreme Court Justice Antonin Scalia.
As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
eBook
The geography of injustice : East Asia's battle between memory and history
In The Geography of Injustice, Barak Kushner argues that the war crimes tribunals in East Asia formed and cemented national divides that persist into the present day. In 1946 the Allies convened the Tokyo Trial to prosecute Japanese wartime atrocities and Japan's empire. At its conclusion one of the judges voiced dissent, claiming that the justice found at Tokyo was only \"the sham employment of a legal process for the satisfaction of a thirst for revenge.\"
War crimes tribunals, Kushner shows, allow for the history of the defeated to be heard. In contemporary East Asia a fierce battle between memory and history has consolidated political camps across this debate. The Tokyo Trial courtroom, as well as the thousands of other war crimes tribunals opened in about fifty venues across Asia, were legal stages where prosecution and defense curated facts and evidence to craft their story about World War Two. These narratives and counter narratives form the basis of postwar memory concerning Japan's imperial aims across the region. The archival record and the interpretation of court testimony together shape a competing set of histories for public consumption. The Geography of Injustice offers compelling evidence that despite the passage of seven decades since the end of the war, East Asia is more divided than united by history.
eBook
Jihadism Constrained
How threatening are al-Qaeda and the Islamic State? In Jihadism Constrained,Barak Mendelsohn suggests that although jihadi terrorism is a serious challenge, it must not be exaggerated. Transnational terrorist organizations and jihadi transnational groups in particular face three central challenges: How to create a polity that is based on religious affiliation when most people identify with national and sub-national identities? How to generate political effects across borders? And how to produce unity among all components of the transnational movement? The book argues that transnational jihadism has been struggling on all three fronts. Success of armed nonstate actors hinges on their ability to mobilize the masses, but transnational jihadis persuaded only a tiny fraction of the world's Muslims to abandon their other identity markers and support a faith-based global polity that promotes an extreme interpretation of Islam. As military pressure endangers cross-border activities, jihadi groups introduced local branches only to find that such localization undermines their transnational agenda. Jihadi groups also lack a viable plan to turn armed success in separate states into cross-border political effects. Finally, jihadis regularly fall into internal conflicts. These conflicts are exacerbated by the use of Islamic discourse that renders compromise and reconciliation particularly difficult.
eBook
Latino Migrants in the Jewish State
In the 1990s, thousands of non-Jewish Latinos arrived in Israel as
undocumented immigrants. Based on his fieldwork in South America and Israel, Barak
Kalir follows these workers from their decision to migrate to their experiences
finding work, establishing social clubs and evangelical Christian churches, and
putting down roots in Israeli society. While the State of Israel rejected the
presence of non-Jewish migrants, many citizens accepted them. Latinos grew to favor
cultural assimilation to Israeli society. In 2005, after a large-scale deportation
campaign that drew criticism from many quarters, Israel made the historic decision
to legalize the status of some undocumented migrant families on the basis of their
cultural assimilation and identification with the State. By doing so, the author
maintains, Israel recognized the importance of practical belonging for understanding
citizenship and national identity.
eBook
Violence and nonviolence : pathways to understanding
Putting forth a reciprocal theory of violence and nonviolence, this book addresses virtually all forms of violence, from verbal abuse to genocide, and treats all of these expressions of violence as interpersonal, institutional, and structural phenomena.
eBook
Israel's Security Networks
Since the establishment of the State of Israel in 1948, and particularly after the Israeli-Arab War of 1967, a highly informal but simultaneously potent security network has influenced Israel's domestic sphere. Composed of acting and former security personnel and their partners in the state's various civilian spheres, this security network has affected Israeli culture, politics, society, economy, public discourse and foreign relations. This book discusses this major sociopolitical phenomenon and its effects in a comparative and theoretical perspective. First, it defines Israel's security network in a broad theoretical and comparative perspective. Second, it explains how Israel's security network emerged and acquired a hegemonic position in the area of national security and foreign policy. Third, it describes the security network and identifies its members. Fourth, it discusses and explains the multitude of roles that Israel's security network has come to play both domestically and externally. Fifth, it discusses similar phenomena in other relevant cases. Finally, it presents general analytical and theoretical conclusions.
eBook
Outlawed Pigs
The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory.
Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture. Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state. By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
eBook