Philosophy Of Nonviolence: Revolution, Constitutionalism, And Justice Beyond The Middle East University Press Scholarship Online

Cover Philosophy of Nonviolence Copyright Dedication Summary Contents Detailed Contents Preface Synopsis Highlights Acknowledgments General Introduction 1. The Middle East Nonviolent Revolution: A Philosophical Manifesto Definitions A Philosophical Manifesto Revolution and Philosophy Part one Revolution 2. Introduction: Nonviolence between Order of Reasons and Decrees of Reality 3. A Brief History of Nonviolence in the Middle East Basics of Nonviolence Again Dates and Birthdates Protagonists and Leadership Women and Nonviolent Revolution Causes Process The Spiral 4. Shattered Political Language: Reconstructing a Humanist Culture of Nonviolence Shattered Political Language Terrorism Fitna and Other Polysemies Reconstructing Nonviolent Culture in the Humanist Tradition The Kawakibi Template Poet Philosophers Philosophy and Sufism Writing Unviolent History A Cautionary Conclusion 5. Nonviolence: The Central Philosophical Paradox 6. Conclusion: Rhythms of Nonviolence Part two Constitutionalism 7. Introduction 8. Caveat: Against Secession 9. Constitutional Ruins and the Unfathomable Politics of Transition Constitutional Ruins and the New Order Republic Meets Monarchy: The Middle East Monarblic The Unfathomable Politics of Transition Constitutions and Elections The Missing Link: A Grand Revolutionary Coalition Politics and Nonviolence 10. Constitution-Writing: LEJFARC’s Universal Template A Dull Exercise, LEJ(F)ARC....... ... Potentially An Alternative View: The Civil Society (CS) Prism Civil Society Vetting the Constitution Civil Society Making the Constitution Civil Society in the Constitution 11. Middle Eastern Constitutionalism Sacred Legal Tradition: Of Islamic and Other Middle Eastern Laws Real and Less Real Problems: The Article 2 Template Acid Tests When Scarf Turns into Veil Beyond Acid Aggiornamento: Style versus Substance in the Middle Eastern Legal Tradition An Illustration: Freedom of Religion The Middle East Challenge to World Constitutionalism Constitutionalizing the Judiciary Sects, Subordination, Federalism Opening “New” Windows 12. Conclusion: Constitutionalism and Nonviolence Part three Justice 13. Introduction: The Order of Reasons Restated 14. “Dictatorship Is a Crime against Humanity” Domestic Construction of Judicial Accountability: Reviving the Legacy of the French Revolution From the Fog of “Law of the War Crime” to “Crimes against Humanity” 15. Middle Eastern Precedents and Universal Trends Damascus and Beirut 1860 Iraq, False Starts from 1987 to 2003 Sabra and Shatila, Belgium 2001–2003 Baghdad 2005. The Trial of Saddam Hussein Beirut 2004. Mu‘ammar al-Qaddafi Indicted Beirut 2005, the Special Tribunal for Lebanon Bashir and Qaddafi before the ICC Conclusion: Crime against Humanity as Philosophical Category 16. The Pyramid of Accountability Trials About Procedure, Briefly, from the Victims’ Point of View Who Should Try the Dictator? The Voice of the Victims Evidence Other Mechanisms of Accountability: Reparations, Lustration, Reconciliation, Constitutions....... Lustration Laws and Truth Commissions Lustration TRCs Constitutions and Accountability Conclusion: The Pyramid’s Uneven Allure 17. Justice and Nonviolence Minor Philosophical, Major Political Problems Becoming a Dictator Golden Exits On the Death Penalty On “the Right to Kill a Dictator” 18. Coda: on Foreign Intervention and Nonviolence Foreign Military Intervention as War Foreign Military Action as Judicial Implementation 19. Epilogue: The 2011 Anima Bibliography Table of Authorities for Works Cited Court Cases Legislation, Premodern Legislation, Modern United Nations Other International Treaties and Instruments Official National Reports NGOs, Human Rights Organizations Reports, Databases Books, Articles, and Book Chapters Cultural References Index In 2011, The Middle East Saw More People Peacefully Protesting Long Entrenched Dictatorships Than At Any Time In Its History. The Dictators Of Tunisia, Egypt, And Yemen Were Deposed In A Matter Of Weeks By Nonviolent Marches. Imprecisely Described As 'the Arab Spring', The Revolution Has Been Convulsing The Whole Region Ever Since. Beyond An Uneven Course In Different Countries, Philosophy Of Nonviolence Examines How 2011 May Have Ushered In A Fundamental Break In World History. The Break, The Book Argues, Is Animated By Nonviolence As The New Spirit Of The Philosophy Of History. Philosophy Of Nonviolence Maps Out A System Articulating Nonviolence In The Revolution, The Rule Of Constitutional Law It Yearns For, And The Demand For Accountability That Inspired The Revolution In The First Place. Part One--revolution, Provides Modern Context To The Generational Revolt, Probes The Depth Of Middle Eastern-islamic Humanism, And Addresses The Paradox Posed By Nonviolence To The 'perpetual Peace' Ideal. Part Two--constitutionalism, Explores The Reconfiguration Of Legal Norms And Power Structures, Mechanisms Of Institutional Change And Constitution-making Processes In Pursuit Of The Nonviolent Anima. Part Three--justice, Covers The Broadening Concept Of Dictatorship As Crime Against Humanity, An Essential Part Of The Philosophy Of Nonviolence. It Follows Its Frustrated Emergence In The French Revolution, Its Development In The Middle East Since 1860 Through The Trials Of Arab Dictators, The Pyramid Of Accountability Post-dictatorship, And The Scope Of Foreign Intervention In Nonviolent Revolutions. Throughout The Text, Professor Mallat Maintains Thoroughly Abstract And Philosophical Arguments, While Substantiating Those Arguments In Historical Context Enriched By A Close Participation In The Ongoing Middle East Revolution. General Introduction. The Middle East Nonviolent Revolution : A Philosophical Manifesto -- Revolution. Introduction: Nonviolence Between Order Of Reasons And Decrees Of Reality -- A Brief History Of Nonviolence In The Middle East -- Shattered Political Language : Reconstructing A Humanist Culture Of Nonviolence -- Nonviolence : The Central Philosophical Paradox -- Conclusion: Rhythms Of Nonviolence -- Constitionalism. Introduction -- Caveat : Against Secession -- Constitutional Ruins And The Unfathomable Politics Of Transition -- Constitution-writing : Lejfarc's Universal Template -- Middle Eastern Constitutionalism -- Conclusion: Constitutionalism And Nonviolence -- Justice. Introduction: The Order Of Reasons Restated -- Dictatorship Is A Crime Against Humanity -- Middle Eastern Precedents And Universal Trends -- The Pyramid Of Accountability -- Justice And Nonviolence -- Coda : On Foreign Intervention And Nonviolence -- Epilogue: The 2011 Anima. Chibli Mallat. Includes Bibliographical References And Index. Présentation de l'éditeur : "In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, is animated by nonviolence as the new spirit of the philosophy of history. Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution." In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, is animated by nonviolence as the new spirit of the philosophy of history. Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One-- Revolution , provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two-- Constitutionalism , explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three-- Justice , covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution. In 2011, the Middle East saw the dictators of Tunisia, Egypt, and Yemen deposed in a matter of weeks by non-violent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region. It failed in some countries, and was not sustained in others after the dictators' fall. Beyond this uneven course, 'Philosophy of Nonviolence' examines how 2011 may have ushered in a fundamental break in the human journey, one animated by non-violence, which the book argues is the new anima of the philosophy of history