All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

Two Treatises of Government.

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Gru nd legung zur Metaphysik der Sitten

Introduction - body and city: the passive body the plan of the book a personal note. Part 1 Powers of the voice and eye: nakedness - the citizen's body in Perikles' Athens the cloak of darkness - the protections of ritual in Athens the obsessive image - place and time in Hadrian's Rome time in the body - early Christians in Rome. Part 2 Movements of the heart: comunity - the Paris of Jehan de Chelles \"each man is a devil to himself\" - the paris of Humbert de Romans fear of touching - the Jewish ghetto in Renaissance Venice. Part 3 Arteries and veins: moving bodies - Harvey's revolution the body set free - Boullee's Paris urban individualism - E.M. Forster's London. Conclusion: civic bodies - multi-cultural New York.

Flesh and Stone: The Body and the City in Western Civilization.

The war on terror' has emerged as the principal conflict of our time, where Islamic fanaticism' is identified as the greatest threat to Western liberal democracies. Within the United Kingdom, and beyond, this political discourse has designated Muslims as the new enemy within'--justifying the introduction of counter-terrorist legislation and facilitating the construction of Muslims as a suspect community'. In this paper, we develop Hillyard's (1993) notion of the suspect community' and evidence how Muslims have replaced the Irish as the main focus of the government's security agenda whilst also recognizing that some groups have been specifically targeted for state surveillance. We conclude that the categorization of Muslims as suspect may be serving to undermine national security rather than enhance it.

From the 'Old' to the 'New' Suspect Community: Examining the Impacts of Recent UK Counter-Terrorist Legislation

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Exclusion from Public Space: A Comparative Constitutional Analysis

1. Introduction: Security and Liberty in an Age of (Counter-)Terrorism I CONCEPTS: ANTI-TERRORISM REGIMES AND NON-DISCRIMINATION 2. Anti-terrorism Regimes: Rationale and Scope 3. The Human Right to Non-Discrimination II DISTINCTIONS BASED ON CITIZENSHIP STATUS 4. Executive Detention of Foreign Terrorist Suspects 5. Trial of Foreign Terrorist Suspects III DISTINCTIONS BASED ON COUNTRY OF ORIGIN, OR NATIONALITY, RACE, OR RELIGION 6. Selective Enforcement of Immigration Laws 7. Selective Use of Police Powers 8. Conclusion: The Wider Impacts of Discriminatory Anti-terrorism Measures Bibliography

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1161103_code557197.pdf?abstractid=1161103&mirid=1

Human Rights and Non-Discrimination in the 'War on Terror'

https://www.zora.uzh.ch/id/eprint/26872/1/Moeckli_TheModernLawReview_4_2007.pdf

Stop and Search Under the Terrorism Act 2000: A Comment on R (Gillan) v Commissioner of Police for the Metropolis

On 29 November 2009,58% of Swiss voters (with a turnout of 54%) approved a popular initiative for a constitutional ban on the construction of minarets. The outcome of the vote attracted attention from all over the world and was widely condemned, not least by the UN Human Rights Council and the ParliamentaryAssembly of the Council of Europe, as a discriminatory measure in violation of the right to freedom of religion. Almost exactly a year later, on 28 November 2010, a 53% majority of voters backed a proposal for a new constitutional provision requiring the automatic expulsion of foreign nationals convicted of certain criminal offences specified by law, including benefit fraud. Prior to the vote, the Federal Council (the federal government) had warned that the new provision would be incompatible with a number of human rights, in particular the right to private and family life, guaranteed by the Swiss Federal Constitution and international treaties ratified by Switzerland such as the European Convention on Human Rights 1950 (ECHR),

/pdf/of-minarets-and-foreign-criminals-swiss-direct-democracy-and-4b1m4fpj1p.pdf

Of Minarets and Foreign Criminals: Swiss Direct Democracy and Human Rights

/pdf/saadi-v-italy-the-rules-of-the-game-have-not-changed-1u2sassuts.pdf

Daniel Moeckli

Papers

Exclusion from Public Space: A Comparative Constitutional Analysis

Human Rights and Non-Discrimination in the 'War on Terror'

Stop and Search Under the Terrorism Act 2000: A Comment on R (Gillan) v Commissioner of Police for the Metropolis

Of Minarets and Foreign Criminals: Swiss Direct Democracy and Human Rights

Saadi v Italy : The Rules of the Game Have Not Changed