The Article rethinks law’s role in present-day European debates over Islam in light of its calming effects on the once fiercely-fought abortion reforms across Western Europe. Using examples from Germany, Italy, France, Belgium, Britain, the Netherlands and Switzerland the article demonstrates that the role of the legal process in each of these culture-based debates diverged along its two social functions. Reflecting growing public anxieties, legal actions concerning Muslims typically focused on generating social and cultural change, foreclosing the likelihood of political compromises. In contrast, at the time of abortion reform legal measures acted as mechanisms of social and cultural order, contributing to the pacification of the fierce public controversies even as moral disagreements over abortion endured. Drawing on this comparison, the article suggests that Europe’s constitutional review processes present a compromise-building path to deliberate contemporary conflicts over Islam.
The Article proceeds in three parts. Part II and III analyze the legal developments in the context of Islam and abortion across Western Europe, revealing a contrasting dynamics in the roles of the legal process in each of these debates. Part IV assesses the effects of the legal process in each of the debates and rules out alternative explanations for this divergence. It argues that the factor of time or European secularization cannot account for the current intensity-difference in each of these debates. The article concludes by proposing a path to launch the currently absent constitutional conversation over Islamic-based tensions in Western Europe. Modeled on abortion reform, constitutional courts should reach beyond proportional balancing and dictate policy frameworks addressing both the roots of Muslim disadvantages and the anxieties of the European public.
The urban has become a keyword of early twenty-first-century economic, political, and cultural discourse. But as its resonance has intensified in social science and in the public sphere, the conceptual and cartographic specificity of the urban has been severely blunted. Is there any future for a distinct field of urban theory in a world in which urbanization has been generalized onto a planetary scale? This article reflects on this state of affairs and outlines a series of theses intended to reinvigorate the theoretical framework of urban studies in relation to emergent forms of urbanization. Several conceptual distinctions - between categories of practice and categories of analysis, nominal essences and constitutive essences, and concentrated and extended urbanization—are proposed to inform possible future mappings of the planetary urban condition.
Wartime rape is neither ubiquitous nor inevitable. The level of sexual violence differs significantly across countries, conflicts, and particularly armed groups. Some armed groups can and do prohibit sexual violence. Such variation suggests that policy interventions should also be focused on armed groups, and that commanders in effective control of their troops are legally liable for patterns of sexual violence they fail or refuse to prevent.
Wartime rape is also not specific to certain types of conflicts or to geographic regions. It occurs in ethnic and non-ethnic wars, in Africa and elsewhere.
State forces are more likely to be reported as perpetrators of sexual violence than rebels. States may also be more susceptible than rebels to naming and shaming campaigns around
Perpetrators and victims may not be who we expect them to be. During many conflicts, those who perpetrate sexual violence are often not armed actors but civilians. Perpetrators also are not exclusively male, nor are victims exclusively female. Policymakers should not neglect nonstereotypical perpetrators and victims.
Wartime rape need not be ordered to occur on a massive scale. Wartime rape is often not an intentional strategy of war: it is more frequently tolerated than ordered. Nonetheless, as noted, commanders in effective control of their troops are legally liable for sexual violence perpetrated by those troops.
Much remains unknown about the patterns and causes of wartime sexual violence. In particular, existing data cannot determine conclusively whether wartime sexual violence on a global level is increasing, decreasing, or holding steady. Policymakers should instead focus on variation at lower levels of aggregation, and especially across armed groups.
In an age of global terrorism, can the pursuit of security be reconciled with liberal democratic values and legal principles? During its "global war on terrorism," the Bush administration argued that the United States was in a new kind of conflict, one in which peacetime domestic law was irrelevant and international law inapplicable. From 2001 to 2009, the United States thus waged war on terrorism in a "no-law zone."In Laws, Outlaws, and Terrorists, Gabriella Blum and Philip Heymann reject the argument that traditional American values embodied in domestic and international law can be ignored in any sustainable effort to keep the United States safe from terrorism. They demonstrate that the costs are great and the benefits slight from separating security and the rule of law. They call for reasoned judgment instead of a wholesale abandonment of American values. They also argue that being open to negotiations and seeking to win the moral support of the communities from which the terrorists emerge are noncoercive strategies that must be included in any future efforts to reduce terrorism.
What drives a state's choice to assimilate, accommodate, or exclude ethnic groups within its territory? In this innovative work on the international politics of nation-building, Harris Mylonas argues that a state's nation-building policies toward non-core groups—any aggregation of individuals perceived as an ethnic group by the ruling elite of a state—are influenced by both its foreign policy goals and its relations with the external patrons of these groups. Through a detailed study of the Balkans, Mylonas shows that how a state treats a non-core group within its own borders is determined largely by whether the state's foreign policy is revisionist or cleaves to the international status quo, and whether it is allied or in rivalry with that group's external patrons. Mylonas injects international politics into the study of nation-building, building a bridge between international relations and the comparative politics of ethnicity and nationalism. This is the first book to explain systematically how the politics of ethnicity in the international arena determine which groups are assimilated, accommodated, or annihilated by their host states.
When Lee Kuan Yew speaks, presidents, prime ministers, diplomats, and CEOs listen. Lee, the founding father of modern Singapore and its prime minister from 1959 to 1990, has honed his wisdom during more than fifty years on the world stage. Almost single-handedly responsible for transforming Singapore into a Western-style economic success, he offers a unique perspective on the geopolitics of East and West. American presidents from Richard Nixon to Barack Obama have welcomed him to the White House; British prime ministers from Margaret Thatcher to Tony Blair have recognized his wisdom; and business leaders from Rupert Murdoch to Rex Tillerson, CEO of Exxon Mobil, have praised his accomplishments. This book gathers key insights from interviews, speeches, and Lee's voluminous published writings and presents them in an engaging question and answer format.Lee offers his assessment of China's future, asserting, among other things, that "China will want to share this century as co-equals with the US." He affirms the United States' position as the world's sole superpower but expresses dismay at the vagaries of its political system. He offers strategic advice for dealing with China and goes on to discuss India's future, Islamic terrorism, economic growth, geopolitics and globalization, and democracy. Lee does not pull his punches, offering his unvarnished opinions on multiculturalism, the welfare state, education, and the free market. This little book belongs on the reading list of every world leader—including the one who takes the oath of office on January 20, 2013.
Which competences enable problem solvers to successfully deal with complex real-world
challenges such as the current economic and financial crises and in so doing, inspire
innovation and sustainable development of society? Despite the importance of these
questions, and although competences have become more center stage in management
strategy, human resource development, and public policy/public administration
research, a general theory of problem solving competence has remained elusive, largely
because of insular single-disciplinary approaches. Embedded in a comprehensive review
of management strategy, human resource development, and public policy/public
administration theories, and by contrasting American and Central-European schools of
thought, I discuss the theoretical formulations of previous competence frameworks, the
empirical support for these frameworks, and their limitations in solving complex realworld
problems. I outline how constituents of competence such as abilities, knowledge,
and skills are entrenched within a multifaceted environment and influenced by the
individual’s mental model(s). Finally, I develop a five-dimensional framework of
competences needed to solve complex real-world problems, which considers both
individual and collaborative aspects. The five core dimensions of this new competence
framework are (1) personal competence; (2) professional domain competence; (3)
systemic competence; (4) creativity competence; and (5) sociocultural (collaborative)
competence. This paper is aimed at fostering further theory development and stimulating
future research in the field of competence development.