Democratization is a major political phenomenon of the age and has been the focus of a burgeoning political science literature. This book considers democratization across a range of disciplines, from anthropology and economics, to sociology, law and area studies. The construction of democratization as a unit of study reflects the intellectual standpoint of the inquirer. The book highlights the use of normative argument to legitimize the exercise of power. From the 1950s to the 1980s, economic success enabled the authoritarian governments of South Korea and Taiwan to achieve a large measure of popular support despite the absence of democracy. The book outlines what a feminist framework might be and analyses feminist engagements with the theory and practice of democratization. It also shows how historians have contributed to the understanding of the processes of democratization. International Political Economy (IPE) has always had the potential to cut across the levels-of-analysis distinction. A legal perspective on democratization is presented by focusing on a tightly linked set of issues straddling the border between political and judicial power as they have arisen. Classic and contemporary sociological approaches to understanding democracy and democratization are highlighted, with particular attention being accorded to the post-1989 period. The book displays particularities within a common concern for institutional structures and their performance, ranging over the representation of women, electoral systems and constitutions (in Africa) and presidentialism (in Latin America). Both Europe and North America present in their different ways a kind of bridge between domestic and international dimensions of democratization.
This chapter offers a legal perspective on democratization
by focusing on a tightly linked set of issues straddling the
border between political and judicialpower as they have
arisen in, first, the United Kingdom, second, Britain’s relationship with the European Union, and third, the wider
international system. The discussion illustrates the claim
that no analysis of democratization can be complete without taking into account the dimension of judicialpower
and its implications for democratic accountability even,
The Catholic challenge during the Thirty Years’ War
-standing and extremely acrimonious battle
WITCHCRAFT NARRATIVES IN GERMANY
to defend its judicial and political power in Gebsattel, a battle which had
acquired an additional religious edge in the spring of 1627.
As discussed in the Introduction, Rothenburg was situated in a part of
early modern Germany where rights over land and people were particularly
fragmented and subject to competing claims from rival lords.11 The village of
Gebsattel was one of the biggest thorns in the flesh of the city councillors in the
context of their attempts to defend and extend
This book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. These are examples of the operation in the past of different legal, judicial systems, applied by differently constituted courts, royal and manorial, secular and ecclesiastical, which adopted different procedures, adversarial and inquisitorial. Ranging from the thirteenth to the seventeenth century, the book considers criminal trials and civil litigation conducted in royal, manorial and Church courts in late medieval and early modern England. These trials concentrate on the structure, jurisdiction, functions, and procedures of the courts and on the roles of the judges of fact and of law, both amateur and professional, who composed them. The trials of Giorgio Moreto and of Laura Querini were influenced by the politics of the Venetian State and its ongoing and highly charged relationship with the power of the Church. Discussing the legal history of continental Europe, the book then shifts the emphasis from the judges and jurors to the prisoners arraigned before the courts, to the victims of prosecution or to the highly questionable images of them created by their enemies.
In May 1958, and four years into the Algerian War of Independence, a revolt again appropriated the revolutionary and republican symbolism of the French Revolution by seizing power through a Committee of Public Safety. This book explores why a repressive colonial system that had for over a century maintained the material and intellectual backwardness of Algerian women now turned to an extensive programme of 'emancipation'. After a brief background sketch of the situation of Algerian women during the post-war decade, it discusses the various factors contributed to the emergence of the first significant women's organisations in the main urban centres. It was only after the outbreak of the rebellion in 1954 and the arrival of many hundreds of wives of army officers that the model of female interventionism became dramatically activated. The French military intervention in Algeria during 1954-1962 derived its force from the Orientalist current in European colonialism and also seemed to foreshadow the revival of global Islamophobia after 1979 and the eventual moves to 'liberate' Muslim societies by US-led neo-imperialism in Afghanistan and Iraq. For the women of Bordj Okhriss, as throughout Algeria, the French army represented a dangerous and powerful force associated with mass destruction, brutality and rape. The central contradiction facing the mobile socio-medical teams teams was how to gain the trust of Algerian women and to bring them social progress and emancipation when they themselves were part of an army that had destroyed their villages and driven them into refugee camps.
power, in contrast to that of a ‘legislative’ or ‘administrative’ power. At the
sub-constitutional level, there are various privileges associated with judicial
functions. Those charged with their exercise might be exempted from civil
liability for actions taken in the course of performing them. Or those who
report the proceedings of a judicial body – typically the media – may enjoy
immunities from forms of liability (e.g. defamation, contempt of court) that
would otherwise attach to their publications. Sometimes, by contrast, there
councillors also helped ensure that witchcraft was never zealously prosecuted
in Rothenburg. One of these priorities was the councillors’ belief that the judicial autonomy of Rothenburg and its right to freedom from external interference in the exercise of its judicialpower were best expressed and maintained by
WITCHCRAFT NARRATIVES IN GERMANY
quashing rather than fostering witch-trials. This idea was articulated most
clearly during the trial of Hans Georg Hofmann in 1605, when jurist Friedrich
Prenninger warned the council of the risk that Hofmann would complain to
Towards atypology of the treatment of corpses of ‘disappeared detainees’ in Argentinafrom 1975 to 1983
the Argentine state in most known cases.
Soldiers, members of the security forces (police officers, gendarmes,
municipal prison staff, and National Prison Service personnel), and
civilians were organized to kidnap, torture, murder, and pillage,
and to destroy and/or hide the corpses of an as yet indeterminate
number of people accused of belonging to ‘the subversion’. In the
terminology used at the time, this was the ‘war on subversion’.
The military junta remained in power until 1983, when demo
cratic elections were held. Between 1984 and 1985, an investigation
The bodyand counter-revolutionary warfare inapartheid South Africa
separation from a prior self, it remains available as a
‘medium for searing assertions of power’.45 This interest intersects
with certain aspects regarding the agency of the dead body as well
as the ‘return to materiality’ in conditions of violence.46
If, as has been argued, the move to extra-judicial elimination
suggests not unfettered power of the apartheid state but rather
its limits, nonetheless the above account demonstrates how this
constraint became generative of new forms of power over the body.
While bodies buried or obliterated had no further value (except
we see the main task of the rule of law as the prevention of arbitrary rule.
Two broad approaches are identified. The first centres on the very nature of
rules and the constraints that arise from following them. The second
focuses on political checks and balances for constraining power. Though
related, both historically and substantively, I shall argue the second
offers the chief defence. Sections 2 and 3 defend this