Editorial Review

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. ... Read more

Reviews

Not your father's judicial interpretation., August 17, 2004
I'd like to mention, first of all, what this book it not. It is not for the casual observer of the American judicial system. Justice Scalia gives a probing examination of various methods used in Constitutional and judicial interpretation. If the reader is not consumed with learning law, or delineating the intent of the Constitution, this book will probably be a major disappointment.

On the other hand, if you have a solid foundation of knowledge on the judiciary and the U.S. Constitution, you will enjoy this book and will learn a great deal of what Justice Scalia has to offer. Scalia offers up a 50 page paper on the various methods of judicial interpretation, each methods strengths and weaknesses, and the how and why of whether or not each method is viable.

Scalia's paper is then cross-examined by Ronald Dworkin, Mary Ann Glendon, Amy Gutmann, Lawrence Tribe and Gordon Wood. Scalia then offers up his rebuttal and I believe, strengthens his theories of judicial interpretation. I am not going to go into my own how's and why's, as I am a fan of Scalia's and would rather allow the reader to reach their own conclusions.

Whether you like this book, or hate it, one thing is for certain, you will come away with a much better knowledge of the U.S. judicial system, how it reaches some of its conclusions, and what the consequences of continuing with current methods of judicial interpretation will be on our country.

Monty Rainey
www.juntosociety.com

Recommended, but with reservations., May 15, 1997
I assume you have seen a description of the book already. The book is good enough to be recommended overall, but there were some disappointments. First, the justice does not stay long on his professed topic, the interpretation of statutes, but goes over into constitutional interpretation. Those who make replies follow gladly, and there is really little on the whole about statutory instead of constitutional interpretation. Moreover, the justice did not make it clear enough to me how his textualist philosophy differs from literalism, which he explicitly disavows. Also dissappointing is that I think the justice could have made a much stronger case for what I do glean to be his philosophy by invoking legal principles already understood when the constitution was written, and especially by invoking Justice Story's brilliant decision in Martin v Hunter's Lessee. In that decision rules of constitutional interpretation are stated clearly and authoritatively, and are much along the lines of what Scalia advocates. Lastly, Justice Scalia's essay does not measure up to the keenness of insight and language he shows in his best dissents, though there are some good moments. Despite these drawbacks, it is a very thought- provoking work and its brevity gives one less of an excuse for not reading it. It is largely free of technical vocabulary and there are no arcane discussions.

A model for all apologetics!, March 28, 2005
I loved the format of the book! Scalia presents his judicial interpretative process, and honestly admits hypocrisy when he occasionally votes ideology rather than using his system. Then, rather than providing a half-hearted attack on his ideological opponents, he invites them to respond to his thesis, each with their own chapter!

You may not agree with Scalia, but you can't doubt his moral courage based on his invitation for criticism in his own book.

I also appreciated the chapter on the structure of Germany's Constitution to help us understand why principle, rather than statue, plays such a big role in American judicial interpretative processes.

Everyone that cares about the Supreme Court should read this book. I have yet to find a better book to learn the motivations and processes utilized by each ideological camp. After reading this book, my ability to understand the logic of the court, for both rulings and the opinions, has been greatly enhanced.

While unintended, Scalia also helped cement my personal belief that a blend of original meaning (aka textualism) and abstract principalism, and not Scalia's textualist approach alone, is by far the optimal method for judicial interpretation based on our Constitution.

A fine critique of modern legal philsophy in the US., December 17, 1997
Antonin Scalia is blessed with a powerful intellect and a persuasive manner of expression. It's about time that a member of the US Supreme Court explained in terms intelligible to the average "newspaper reader" just what is going on in federal appeals courts. If not all of Justice Scalia's recommendations are correct, he certainly, at long last, has been able to ask the right questions. Proponents of judicial activism (and Scalia graciously shares space with two of the most famous, Tribe & Dworkin) will be hard-pressed to keep up the pretense that federal courts today are much more than arenas for elite social engineers to rework society in their own image and likeness. A fine study in modern legal philosophy, I recommend this work with few reservations. My complete review of Justice Scalia's book can be found in "National Catholic Register" 26 Oct. - 1 Nov. 1997, p. 6. I have seen the review posted on the Web as well.

A tough read, August 8, 2004
Antonin Scalia might be best described as a conservative American. Conservatism often means not taking the "far-out-there" approach to life.

Although his section of the book is rather short, it is a bit difficult to follow for those of us who are not lawyers. Nevertheless, it is an excellent view into his thinking process. It details the reasons for not siding with contemporary liberal thinking, believing that the U.S. Constitution should be interpreted literally (in most cases).

I read the book a few pages at a time, absorbed what I read, and read more the next day. Frequently, during the responses to his writings by other prominent lawyers, I found myself going back and re-reading parts of his writings again. To complete the book and understand it I probably read the entire book several times - back and forth between the writers.

Whatever your political leanings, it is an insight into why one Supreme Court Justice votes the way he does.

I wish all the Justices would write a similar book so we could understand their viewpoints.

Legal tour de force, December 9, 2001
This book is a real treat for anyone who loves legal (constitutional that is) thought. It would also make a great introduction into what several of the greatest thinkers in the Anglo-American legal profession think. The book is mainly a lecture by Scalia where he lays out his theory of 'textualism,' that is closely grounding constitutional interpretation to the original meaning of the words of the constitutional (or statutory) text. It is a spirited explanation of the theory and includes defenses against some of the more common attacks on the theory. But the book gets better. Four legal experts, Laruence Tribe, Ronald Dworkin, a historian and Glendon all give their comments on textualism. Scalia then replies to these comments at the end. A wonderful look into debate between five incredible minds who often diasgree.

An Insightful Discussion, October 30, 2001
In this tidy book, Justice Scalia puts forward his theory of jurisprudence and takes on the subject of judicial philosophy and what he calls the modern movement of judicial activism. He begins by giving an overview of the history of common law and judicial review, in which he contends that judges historically respected stare decisis - that is, previous rulings. Only in modern times, with the rise of democratic activism, has the desire of judges to "make law" become a problem of significant proportions.

Scalia then gets to the heart of his argument - that the role of the judge is not to ascertain the intent of legislators, but rather to ascertain the meaning of the words contained in a particular document. In this sense, he a textual purist compared to activists who will search out the meaning of particular pieces of legislation by evaluating legislative history, popular press, Congressional record, etc. He concedes that language must be interpreted, but he argues that there is a disciplined approach, and a liberal approach. The disciplined approach he supports would evaluate text within the notion of reasonable interpretation, "placed alongside the remainder of the corpus juris."

"Government by unexpressed intent is simply tyranny," Scalia argues. "That seems to me the essence of the famous American ideal set forth in the Massachusetts Constitution. A government of laws, not of men. Men may intend what they will; but it is only the laws that they enact which bind us."

Scalia argues that the fact that some texts bear multiple interpretations does not sink the enterprise of textualism. The divide on constitutional questions is not between what the framers intended and what they wrote, but rather between original meaning and current meaning. Scalia argues it is precisely the threat of abolishing cherished rights that makes original meaning important - it is a protection against those, (say Nazis) who would seek to impose a new order or new interpretation of acceptable governance. He argues that the notion of a "living constitution" has narrowed the straits of American freedom, not expanded them. The prevailing mood may or may not be just in the eyes of history, but leave that to the legislators and the great debates among thinkers and politicians; don't seek to encode today's moods in tomorrow's constitution through judicial activism. The avenues for changing the constitution and expanding its purview are well known -- otherwise, leave legislating to the legislatures.

Tribe and Dworkin offer the most interesting rebuttals. Dworkin seeks to root constitutional interpretation in broad principles of understanding and rights; Tribe concedes he has no theory of jurisprudence, other than he finds it difficult to accept the certitude of either Dworkin or Scalia that they have the right interpretation. His is a strange argument. Scalia never says the Constitution does not bear multiple interpretations, but he does argue for a more disciplined approach, in which rights are not found willy nilly in the minds of judges and then imposed on the original document by which we are governed. One annoying aspect the book: Tribe responds both to Scalia's original essay and his counter rebuttal within the first rebuttal -- before we have even read Scalia's response. This got a tad confusing and did not add much to the overall discussion.

Scalia believes that in a democratic society change should not come from judicial decrees, but from the people's representatives, January 16, 2009
I read this book for a class on the philosophy of law. In his book "A Matter of Interpretation," Associate Justice Antonin Scalia describes his judicial philosophy as that of being a "textualist." For Scalia, textualism means that a judge is bound by interpreting the law without regard for the intent of the lawmakers. "Men may intend what they will; but it is only the laws that they enact which bind us" (17). Justice Scalia is one of the most vociferous opponents of the use of constitutional comparativism by judges to help influence or guide them to a certain interpretation of the law. Scalia, on the spectrum line of judicial philosophy, is a self-described "textualist." His idea of textualism is that, "A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means" (23). Textualism is a constitutional philosophy of original meaning, instead of original intent, as a "strict constructionist" would interpret the text. In addition, Scalia believes that, "It is the law that governs, not the intent of the lawgiver....A government of laws, not of men" (17).

Scalia believes that in a democratic society, change should not come from judicial decrees, but from the people's elected representatives. Thus, one can instantly see that Scalia's views bring him in direct opposition to Justice Ginsburg's "living constitution" philosophy, which at its core embraces constitutional comparativism, and gives judges virtual carte blanche to pen new laws from the bench.

Scalia has vehemently denounced judges who have resorted to constitutional comparativism in their written opinions when adjudicating cases before them. Scalia argues that the only time a judge should refer to foreign law in interpreting a nation's constitution is when she is settling a case dealing with treaty obligations with foreign nations. In every instance where one of his colleagues resorts to the practice of including opinions from foreign court rulings, Scalia has made it a point to take umbrage against this practice in his own written opinions. Most of the instances where Supreme Court Justices have used constitutional comparativism have occurred when they have ruled on cases involving death penalty issues, cases involving the War on Terrorism, and privacy cases dealing with abortion or homosexuality.

Scalia is skeptical of the methodology used by judges who include foreign law in their adjudication process. Specifically, he wonders if judges dabble with constitutional comparativism on a selective basis, only when it fits with their ideas of how the case should be ultimately adjudicated. As an example, Scalia notices that when the court hears arguments about the death penalty or abortion, he observes that his colleagues do not cite decisions or statistics from courts in socially conservative countries in South America, East Asia, or Islamic countries. Thus, he finds that his colleagues are being a bit disingenuous when they "cherry pick" opinions from foreign nations, especially European, and try to use them as examples of how there is a change in the world's social mores that should be considered when adjudicating cases.
Even Justice Breyer agreed that Scalia's point on his and other Justices not citing cases from non-European nations is a fair criticism of their methodology.

Another argument Scalia uses against judges relying on constitutional comparativism, is that the judge is probably not fully conversant on the surrounding history and jurisprudence involved in a particular foreign ruling. An example Scalia uses is the question of whether it is "cruel and unusual" punishment to have a condemned to death prisoner waiting over twelve years, as many American death row inmates do, before her sentence is carried out. The U.S. Supreme Court has not taken up this question; however, Scalia and Breyer see it looming on the court's horizon. Scalia argues that if one looks at foreign case law in Britain before they abolished the death penalty, it would show that the penalty was carried out within two weeks of its pronouncement in court. Many legal professionals in the U.S. point to this and argue that the prolonged period between sentence and execution should be considered "cruel and unusual" punishment. However, Scalia argues that the reason the length of time is prolonged in the U.S. is because of the system of jurisprudence it labors under to ensure a liberal appeals process for condemned prisoners. The reason why the U.S. allows a death row inmate multiple avenues for appeal is as a safeguard against a wrongly condemned prisoner from being put to death. This type of liberal appeals process was not in place in Britain before its courts abolished the death penalty or in other European countries that did the same. Therefore, Scalia makes an important point when he states that judges who want to use constitutional comparativism often times do not take into account the history and judicial background of a particular ruling from foreign courts when using these court's decisions in helping to form their own opinions of a case before them.

Another argument Scalia makes against constitutional comparativism deals more with his own judicial philosophy. As a textualist and a positivist, he does not think that a judge who has the power of judicial review of her nation's laws should be in the business of making moral rulings for her society from the bench, a practice that effectively circumnavigates her nation's legislative branch. In addition, part of what makes Scalia a positivist, is that he believes in the importance of the rule of law. One of the guiding tenants of a nation that adopts the principle that the rule of law is an important foundational precept in their society, is the idea that citizens must not be subjected to ex post facto laws. Essentially, an ex post facto law means that a government body enacts a new law to make an act illegal, and this law is then applied to an agent who committed the "illegal" act before the new law was enacted. Scalia argues that rulings made by judges who are natural law theorist proponents become ex post facto laws for the people before the court, and if judges do this routinely, it would make life for citizens in such a society intolerable.

Finally, like Montesquieu, who was the first person to advocate in his writings for the separation of the judiciary from both the executive and legislative branches of government, Scalia is also a staunch supporter of the separation of powers system of government. Therefore, Scalia does not think it is the prerogative of judges interpreting their nation's constitution or law code to make perceived necessary changes to keep up with changing social values. Scalia believes that in a democratic society, the people are sovereign and thus a nation's constitution and law code should be changed by the people's elected representatives and not by appointed judges. Scalia is not against citizens changing their Constitution or laws, "... the Constitution should keep up to date--but it should keep up to date with the views of the American people." Thus, Scalia argues that judges in a nation who have judicial review powers are only entitled to review the texts of laws enacted by a nation's governing body to ensure their proper application by governmental agencies and its citizens. When it comes to keeping up with societal changes, Scalia believes it is up to the elected representatives to make the necessary changes. "You can have arguments on one side and on the other, but what you have to ask yourself is what does American society think? And the best way, the only way to determine that is certainly not to ask a very thin segment of American society -- judges, lawyers and law students -- what they think but rather to look at the legislation that exists in states, democratically adopted by the American people.

Keep Reading Books by Sitting Supreme Court Justices, May 2, 2006
I think that it is good to read widely and get divergent perspectives. Thus, Christians and Jews should read the Quran and Muslims should read the Torah and the New Testament. Conservatives should read the Nation or the New Republic and visit the DailyKos website and liberals should read the Weekly Standard or National Review and visit RealClearPolitics. The same perspective applies with Breyer's book. Regardless of your perspective, you should read this brief and easily understandable statement of judicial philosophy from a sitting Supreme Court justice. (And, it would also be good to read the counterpoint from Justice Breyer for the same reasons.)

I find this book to be a more interesting and powerful presentation than the recent book by Justice Breyer. In Breyer's book we read just his perspective and much of it is a response to this book by Scalia. In Scalia's book we are given Scalia's approach to judging and then we are given critical responses to that approach by several different authors, not all judges themselves. It is clear that Scalia likes the clash of argument and finds great benefit in that clash.

This book is brief and extremely well written so that even someone untrained in law can still easily follow the arguments and counterarguments. Anyone interested in our Supreme Court would find this book (and Breyer's) to be extremely useful and enlightening.

For myself, I found that reading both books left me believing that while both Justices approach the world in different ways, we are in good hands. Given the incredibly politicization of the Supreme Court, I found these books to be reassuring of the intelligence, character, and skill of these two Justices.

Scalia's Book Review, March 4, 2009
For upcoming student of political science and the interpretation of the constitution, I LOVE this book. Gives an insight into the most unappreciated methods of interpreting the constitution. I recommend it 100% and I am glad that it is a whole section in our philosophy of law class. ... Read more

Editorial Review

Reviewed and debated everywhere, this book has become a key volume in the case for a new policy of interventionism.

America's "small wars," "imperial wars," or, as the Pentagon now terms them, "low-intensity conflicts," have played an essential but little-appreciated role in its growth as a world power. Beginning with Jefferson's expedition against the Barbary Pirates, Max Boot tells the exciting stories of our sometimes minor but often bloody landings in Samoa, the Philippines, China, Haiti, the Dominican Republic, Nicaragua, Mexico, Russia, and elsewhere. Along the way he sketches colorful portraits of little-known military heroes such as Stephen Decatur, "Fighting Fred" Funston, and Smedley Butler.

From 1800 to the present day, such undeclared wars have made up the vast majority of our military engagements. Yet the military has often resisted preparing itself for small wars, preferring instead to train for big conflicts that seldom come. Boot re-examines the tragedy of Vietnam through a "small war" prism. He concludes with a devastating critique of the Powell Doctrine and a convincing argument that the armed forces must reorient themselves to better handle small-war missions, because such clashes are an inevitable result of America's far-flung imperial responsibilities. ... Read more

Editorial Review

Universally known and admired as a peacemaker, Dag Hammarskjöld concealed a remarkable intense inner life which he recorded over several decades in this journal of poems and spiritual meditations, left to be published after his death. A dramatic account of spiritual struggle, Markings has inspired hundreds of thousands of readers since it was first published in 1964.

Markings is distinctive, as W.H. Auden remarks in his foreword, as a record of "the attempt by a professional man of action to unite in one life the via activa and the via contemplativa." It reflects its author's efforts to live his creed, his belief that all men are equally the children of God and that faith and love require of him a life of selfless service to others. For Hammarskjöld, "the road to holiness necessarily passes through the world of action." Markings is not only a fascinating glimpse of the mind of a great man, but also a moving spiritual classic that has left its mark on generations of readers. ... Read more

Reviews

Active vs. contemplative life, August 11, 2000
Hammarskjold was a Swedish diplomat who served as secretary-general of the United Nations at the height of the Cold War (and whose death in a plane crash in Africa in 1961 may not have been an accident). Throughout his life he struggled with balancing the tension between the active life and the contemplative life that always faces the political intellectual. This book is his private journal, in which he struggles with a deeply personal and private faith in the context of a vocation that called him to one of the most visible and influential offices in international politics. That struggle, which emerges in bits and pieces in entries that span nearly four decades, both celebrates life and indulges deep feelings of doubt and isolation.

"Markings" is far more a work of philosophy than autobiography. Hammarskjold's frend W.H. Auden contributes a moving foreword that supplies a context for Hammarskjold's writing. But as the foreword notes, Hammarskjold does not "make a single direct reference to his career as an international civil servant, to the persons he met, or the historical events of his time in which he played an important role."

Meditations for the modern world, May 19, 2000
I bought my first copy of Dag Hammarskjold's book of meditations, Markings, shortly after its release in the early 1960's. It was a strange and haunting book and left me deeply affected. Hammarskjold, for many years the Secretary General of the United Nations - at a time when there was still high hope for the U.N. to eliminate war and improve human welfare around the globe - wrote this journal of spiritual search and dispair in apparent recognition of his failure to achieve the high goals he aspired to. I forget who I gave that first book to, but I have since purchased and given away many copies of this book. There is much that all of us modern, media drugged folks can learn from the insights he penned in his dark moments. It is both uplifting to realize the depth of soul that can exist behind public action and at the same time depressing to recognize that no amount of fame or power will necessarily bring happiness or overcome one's sense of isolation in the universe.

This is not a book one can just sit down and read. It is, as the title suggests, a journal of isolated notes or 'Markings' that Hammarskjold made over a long period of time. Many similar ideas and themes are repeated in different words throughout the book and the reader really has to pause frequently to think about what he has read. This is not an uplifting book but ultimately it is a very moving one, and to the extent that it encourages similar meditations from the reader, potentially a very valuable one as well. I highly recommend this book for those hours when a reader wants to turn inward and shine a light on what is really meaningful in life.

A Journey into the Soul, March 20, 2002
I like this book. It captures the innermost struggles and thoughts of a man who achieved greatness in many senses. Dag Hammarskjold's musings illuminate that even people of worldly importance wrestle with the same internal conflicts that the rest of mankind does, when we take the time to reflect. That a man as busy as the U.N. Secretary General took the time to engage in such introspection speaks highly of his humility and character.

Markings has given me inspiration to continue exploring my own innermost struggles through journaling and taking counsel with my conscience on long runs. If we could all emulate Hammarskjold's ability to capture the essence of a moment, feeling or internal conflict, we would probably be more at peace with the world and ourselves. Highly recommended for any wishing to peer into the thoughts of a philosophical leader.

A man for others, January 30, 2000
Although a man of worldly success, Dag Hammarskjold gives to us in his own words, his in-depth search for the meaning of life. Upon his death in 1961, his request is to have his diary published if it proves to others to be worthy of publishing. This diary is rich with the struggle to live his life without the benefit of thanksgiving from his peers. His deep conviction, which comes after much search and struggle, is to lay down his life for others, no matter the consequence, the praise, the outcome. To live each day by giving up the self and rising above to meet the other on his/her journey. Although Dag Hammarskjold did indeed receive much praise and gratitude as Secretary General for the United Nations, he realized deep down that this was not the true focus of his life but to give without the idea of getting anything in return, this is the real self rising, the spirit of God. Many have given to us "this road less traveled" by their exemplary life: Jesus, Buddha, Gandhi, Francis of Assisi, Meister Eckhart, who is quoted in the introduction to Markings: " Only the hand which erases can write the true thing", Simone Weil, Mother Teresa, Dalai Lama and many other's whose lives are lived in this way but with no recognition. It is a humble way to live with sometimes having to turn the other cheek but the letting go of the ego and the releasing of God's spirit is a gift worthy of the sacrifice.

My absolute favorite book of all time, October 11, 2000
Over the years, in this collection of personal reflections and meditations, I have slowly learned, as Hammarskjold did, "the explanation of how man should live a life of active social service in full harmony with himself as a member of the community of the spirit." Hammarskjold found his answer "in the writings of those great medieval mystics for whom 'self-surrender' had been the way to self-realization, and who in 'singleness of mind' and 'inwardness' had found strength to say Yes to every demand which the needs of their neighbors made them face, and to say Yes also to every fate life had in store for them ... Love--that much misused and misinterpreted word--for them meant simply an overflowing of the strength with which they felt themselves filled when living in true self-oblivion. And this love found natural expression in an unhesitant fulfillment of duty and an unreserved acceptance of life, whatever it brought them personally of toil, suffering--or happiness."

This is my favorite quote from the entire book, one to which I have returned many times over the years, but there are many more treasures to be found in this collection. W.H. Auden's foreword I found deeply insightful, and I have returned to it as well many times over the years. How to reconcile our twentieth-century life with what is truly asked of us, when we care to face those questions, is an overarching concern throughout this book. Time and again, Hammarskjold challenges himself, and by sharing in his spiritual struggles, we challenge ourselves as well by meditating on his reflections. His writing is deeply inspiring and sobering, and I feel a sense of grateful humility at the end of each rereading of it. This is a book to keep by your bedside, to turn to when you are in despair and need some soul-strengthening.

Powerfully Reflective, January 24, 2004
As a single man, Hammarskjold's legacy was in his work, including the recorded ideas he left. This autobiographical glimpse of the man allows the reader to empathize with the loneliness of growing old without a mate. Although his life ended on less than desirable terms, there are some positives in his story as well. Hammarskjold made the most of the hand he was dealt in life. One can see an evolution of his thoughts over time. The book starts somewhat chaotic, but to the patient reader, the growth that emerges is worth the struggle of reaching the climax.

Various other thinkers are quoted in his "markings." Sometimes it's a stream of consciousness type reflection that is recorded.

Consider this "marking" from 1956, "We act in faith--and miracles occur...Faith is, faith creates, faith carries."

Here's another jewel from the following year: "We have to acquire a peace and balance of mind such that we give every word of criticism its due weight, and humble ourselves before every word of praise."

And another excerpt: "In any human situation, it is cheating not to be, at every moment, one's best."

To conclude this review here are some final thoughts that show the power of his concluding reflections:
"...He (God) is wholly in all you meet...
...each of your acts is an act of creation...
...everything, therefore, has a meaning. So live, then, that you may use what has been put into your hand..."

Yes to Someone, September 16, 2000
I have found this book to be a pleasant read. The reason that I give it 3 stars is because I feel the book lacks focus. Without a clear purpose or direction, I lack a true spiritual involvement. Others may feel differently. Dag Hammarskj�ld's (1905-1961) leadership at the UN propelled him into that special spotlight of a world diplomat for the cause of peace. His book of meditations has given him further stature as one of the twentieth century's most noted spiritual pilgrims. I enjoyed discovering the way in which Mr Hammarskj�ld struggled with imposing his spiritual understanding onto the world stage. Although I do not participate at the same world level, nor have the onerous decisions which he bore, I too have difficulty at times resolving my spiritual values with my activities and responsibilities. Hammarskj�ld writes, "I don't know Who -- or what -- put the question, I don't know when it was put. I don't even remember answering. But at some moment I did answer Yes to Someone -- or Something -- and from that hour I was certain that existence is meaningful and that, therefore, my life, in self- surrender, had a goal." "From that moment I have known what it means 'not to look back,' and 'To take no thought for the morrow.'" "As I continued along the Way, I learned, step by step, word by word, that behind every saying in the Gospels stands one man and one man's experience. Also behind the prayer that the cup might pass from him and his promise to drink it. Also behind each of the words from the Cross." If you are interested to learn the thoughts of a dedicated public servant as he attempted to live by his spiritual values, this book will be interesting to you.

The profound thoughts of a profound man, March 12, 2001
Upon his tragic death in September 1961, Hammarskj�ld left his diary in the care of a friend, saying only that if the friend thought there was material therein worth publishing, then he was entitled to do so.

In the starkest of terms, this book represents a man's search for meaning, faith, virtue, and the Way. He does not engage in fatuous comfort, nor is any illusion created that life is intended to be simple. He does not indulge in the (far too common, to my mind) practice of lamenting his own humanity. Instead, in both the tradition of the Stoicists and Kierkegaard, he embraces it, and looks for the faith and the courage to utilise his capacities to their fullest extent.

This is also a work of universal relevance: there is truly much in here worth sharing. This is the one book that stays by my bed. The faith, simplicity, care and stoicism are deeply touching. This I find to be a wonderful book...largely for helping us to reconcile the world as it is, with the world as it needs to be, for reminding us to take joy in our burdens, and not to lament our transitory nature. As near as I have ever found, Hammarskj�ld's thoughts encapsulate what I believe it is to be human.

A mystic at work, May 30, 2005
This is an inspiring, moving, remarkable book written by a 20th century man who struggled with making his every day life fit with his spiritual beliefs.

This summer I kept feeling that I should read this book again (first read it some 20 years ago). I had little memory of what it was about, just that I knew it was written by someone who was an important world leader. He was Secretary-General to the United Nations and died on the way to Northern Rhodesia in 1961, on his way to negotiate a cease fire between the UN and Katanga forces.

This book tells almost nothing of his daily work, or of his thoughts about world events. Instead, it focuses on his struggle and changing relationship with God.

Excerpts are from his diary, starting when he was a young man in 1925 and ending just a few months before his death at the (to me!) tender age of 57.

A reviewer here made comments about this being thoughts of a socialist and athiest -- clearly he did not read the book. The writings inside this awe inspiring book are from a man deeply and directly talking to his God. His concerns are for others, not for himself.

When I read the book, I realized some part of me must have remembered this deep connection with God, something I, too, have longed for and have found at times (when I am open to receive!) Dag Hammersjold had been filed in my subconscious as a mentor, a teacher I could return to when I could better understand what his words were expressing.

This book is a wonder to experience -- what a privilege to have been allowed to come so close to his thoughts, his soul, his own experiential experience of the Divine. It is not intended to provoke thoughts and philosophical wonderings within the mind of the reader, but instead to offer a view of someone who is connecting their soul rather than their mind, with God. Dag Hammersjold was a mystic - not a new agey kind of a guy, but a Christian mystic of the 20th century (see Thomas Kelly's books, Thomas Merton's books, and others).

His diary, unlike Kelly's writings, is not filled with the joy of his spiritual connection with God -- he struggled painfully with the awareness of his own human imperfections and shortcomings. I only hope that in his last moments, he came to realize more peace and to accept and experience, first hand, God's love for him.

(The only downside to this book is that the printing is old - the cover was brand new but the words are fuzzy as if they were copied from a copy...)

A keeper, October 27, 2005
Reading the posted reviews can give someone an idea of what a great treasure this book. Wouldn't be without it, as I find after many years I still get something fresh at each reading. He was incredibly loved by the UN staff, and the pages of Markings give you real insight as to why this was. And admirable man, an admirable book. Certainly a book to be re-read NOW -- as the world is going so terrible wrong -- if we are to learn what the path of righteousness is all about. A true reflection that believes in loving your neighbor as yourself and loving God above all things. ... Read more

Editorial Review

A groundbreaking investigation of how illicit commerce is changing the world by transforming economies, reshaping politics, and capturing governments.In this fascinating and comprehensive examination of the underside of globalization, Moises Naím illuminates the struggle between traffickers and the hamstrung bureaucracies trying to control them. From illegal migrants to drugs to weapons to laundered money to counterfeit goods, the black market produces enormous profits that are reinvested to create new businesses, enable terrorists, and even to take over governments. Naím reveals the inner workings of these amazingly efficient international organizations and shows why it is so hard — and so necessary to contain them. Riveting and deeply informed, Illicit will change how you see the world around you. ... Read more

Reviews

The Bureaucracy vs. The Network, December 3, 2005
Illicit bursts with detail and example, though it contains very little in the way of illustrative anecdotes. The author seems mainly concerned with communicating two main points. First, our conceptions about the nature and organizational structure of international trafficking networks has fallen dangerously out of date. Second, operating assumptions and ideological sacred cows prevent governments from framing the problem of illicit trafficking in a way that will allow for constructive action.

Concerning the first point, the "cartel and kingpin" conception of narco-trafficking formed and propagated in the 80's no longer applies. Our present counter-narcotics strategies assume that the enemy organization has a hierarchical structure with information and power flowing up and down a chain of command. In fact, trafficking organizations these days take the form of decentralized networks which shift continuously, assuming new configurations as opportunities present themselves and then morphing again to meet the needs of the next moment. Also, today's traffickers don`t specialize in a single commodity like cocaine. Instead, they move whatever goods present an opportunity for profit in the present moment; drugs today, arms tomorrow, people the next day and then knock-off designer handbags after that. Only the small players at the beginning and end of the supply chain specialize in particular products, e.g. the Bolivian coca farmer and the illegal immigrant selling bootlegged DVDs or knock-off Rolexes on the streets of New York.

The author's second point concerns two ideological sacred cows. First, he warns against the politically entrenched practice of talking about illicit traffic in strictly moral terms. Government officials denounce illicit traffickers as evil-doers rather than acknowledging that traffickers act from economic motives determined by market forces. Drugs and other illicit goods bring great financial reward when moved from one place where traffickers can purchase them at a low price to some other place where they command a high price. Adaptive systems like markets and networks make short work of the kinds of problems that prohibition-minded bureaucratic hierarchies place in their way. Talking about illicit trafficking in economic rather than moral terms would produce a more intelligent discussion and offer more effective courses of action.

Here and there throughout the early chapters, the author drops the occasional hint that he advocates legalizing marijuana, and at the book's end he makes that point explicit. In a free society marked by an ever-increasing volume of international trade, governments will have to pick their battles. Spending billions to try to interrupt the traffic in marijuana makes no sense if we hope to make any headway curtailing the trade in nuclear weapons technology, radiological materials and sex slaves. Don't mistake Naim for any kind of Libertarian. He makes it quite clear that he wants to see governments win the battle against illicit traffickers. He just knows that, realistically speaking, we have to prioritize, and that trying to keep millions of eager marijuana customers from millions of eager sellers serves no useful purpose and consumes resources that could otherwise be put to good use.

The other ideological sacred cow involves national sovereignty. Naim doesn't advocate subordinating the US federal government to the U.N., but he does call for much greater coordination of efforts with our closest allies, and such a move will entail some compromise of the absolute national sovereignty upon which the US government now insists.

Definitive Volume--$2T/Year and Growing, Lost Government Revenues, October 30, 2005
I have known Moises Naim for many years, and admired his pragmatic approach to managing the content of Foreign Policy, as published under the auspices of the Canegie Endowment for International Peace. He has been Minister of Trade and Industry in Venezuela, a dean and professor of business administration, executive director of the World Bank, and an accomplished thinker and author. Above all he has been moral. He gets it: morality in politics and morality in business are priceless.

This book is important in two very big ways: the first, the one that most are noticing, is that it documents very ably the fact that crime pays--the author has done a superb job of itemizing the global illegal trade industry in a manner that could be understood by anyone, and the bottom line is frightening in that illicit trade is perhaps $2 trillion a year, while legal trade is between $5 trillion and $10 trillion. Off-the-books bartering and immoral invoicing within corporations are additional reducers of government tax revenue--import export tax fraud in the USA is known to be $50 billion a year ($25 rocket engines going out, $10 pencils coming in).

The second reason this book is important, the real value of this book, is in documenting the revenues lost to government. Legalizing prostitition has economic as well as public health implications. Reducing the arms trade, where the US is the greatest exporter of violence and bribery, has implications across ethnic conflict, stability, water and oil conservations, and so on. Eliminating counterfeiting and illegal immigration would have enormous implications for positive constructive government revenue. I personally know where $500 billion a year can be found in additional tax revenue for the US, mostly from eliminating pork barrel subsidies and corporate fraud, and by restoring the traditional share of corporations to the tax fund--when Halliburn pays $15M on billions in profit, when Exxon makes $3 billion in profit in a single quarter with no requisite tax bite, the system is broken. Eliminating crime, and corporate crime, provides the financial foundation for restoring the democratic contract, the social contract, with the working class and the middle class.

Moises Naim has, in brief, delivered the seminal work on one of the five factors that will determine how the human species does in its World War with itself and with bacteria. The other four factors are the end of cheap oil, the end of free water, the virulent re-emergence of infectuous diseases accompanied by the mutation and migration of new diseases from animal hosts to humans; and the promising but by no means assured emergence of collective democratic intelligence, perhaps aided by real-life decision support games such as those produced by BreakAwayLtd.com.

I consider Dr. Naim to be one of the most precious intellects now active--as penetrating but more pragmatic than Joe Nye, as strategic but more pragmatic as Zbigniew Brzezinski, as articulate but more pragmatic than my all time favorite strategist, Dr. Colin Gray from the United Kingdom.

Naim is a giant. He also represents, if I may be permitted an observation from my decades in Latin America and my Colombian-born mother, why Latin America is the future and why the US ignores the Chinese takeover of Latin American lands and resources, the Iranian penetrations, and the related Brazilian, Indian, Pakistani, and Russian incursions, at its peril. Latin America is both the source, and the solution, for most of the illicit trade that undermines the Republic. It's time we recognize that morality matters, crime is a greater threat than isolated terrorism, and Latin America is part of the Americas--the part that may achieve informed populist democracy before the USA recovers from the neo-conservative coup d'etat and ethical misadventures of a White House owned by Halliburton and dismissive of both the domestic and international publics.

Captivating!, October 29, 2005
This is one of the the best books I have read this year. I could not stop reading it once I started. It combines jaw-dropping facts that we should all know-- but don't --with fascinating stories about how the globalization of smuggling is changing politics everywhere. As the Editor of The Economist writes in the back cover this book changes the way one sees the world. Naim is a great writer. Read this book.

Interesting, But Hard to Put into Perspective, December 6, 2005
"Illicit" provides an interesting (but sometimes repetitive) summary of the various genre of illicit trade, difficulties in prosecuting such activities and how they sometimes conflict with government decision-making, but little in the way of data that allows one to put the topic into perspective - eg. what percentage of total trade is illicit, and how is that changing over time? (Steel's review provides some data, but no details as to its origin.)

Naim states that illicit trade in developing nations and those leaving communism is often the most powerful vested interest - in some cases more powerful than government. Raising barriers simply increases profit rates and incentives.

Arms Trade: A. Q. Khan, national hero in Pakistan, has provided nuclear technology to other nations (presumably for primarily economic, rather than ideologic reasons), surplus arms released from Cold War downsizing, arms manufacturers seeking to replace former markets and unguarded Iraq arsenals have all served to increase supply. As for deterrence, Naim points out that the U.S. (under Bush II) sidetracked a U.N. conference on illicit trade in small arms/light weapons on the grounds that such would violate its Constitution.

Drugs: Naim reports that research has led to new forms of cocaine resistant to herbicides and increased plant size, while violence and bribes are endemic in the industry.

Counterfeiting of software, drugs, music, consumer goods, parts, etc. represents 5-10% of GDP, per Naim.

Moneylaundering, a prime concern of those opposing terrorism, is aided by the very large flows of money, reduction of exchange controls, reduced restrictions on foreign investment, and the ease with which one can break down large amounts for electronic transfer using computers and the Internet.

Other topics include organ trafficking, stolen art and antiquities.

Barriers include multiple jurisdictions within a nation - combined with "stove-piping" structures that inhibit sharing information across similar levels, variation in what's illegal in the nations involved, involvement of multiple nations, and serious threats and bribes for those that would oppose illicit activity. Industry group efforts to contain eg. software piracy are cited as a "plus" by Naim.

Naim recommends reducing the overfocus on supply-side (eg. illegal immigrants - focus more on employers), terrorism as a state issue, increased use of biometrics, and decriminalization of some areas such as marijuana and counterfeiting of consumer goods to allow increased focus on more serious areas. Good suggestions, but not likely to make major impact.

Attacking Illicit Trade, January 6, 2006
Illicit is a thought-provoking, though somewhat derivative, study of modern-day transnational crime and the challenges it poses to governments. The significance of interconnections between globalization, illicit trade, and world politics has long been apparent to specialists, if not to inveterate cold warriors and rarefied academic traditionalists. The writer skimps a little on important topics; for example, there is much more to the "loose nukes" problem than the machinations of A.Q. Khan and his associates. However, the chapters are generally an excellent read. As a one-time consultant for Microsoft in greater China, I found the chapter on the cross-cutting economic implications of counterfeiting especially insightful.

Effective countermeasures to illicit trade are necessarily elusive.The author is critical of supply-side enforcement, and indeed it hasn't worked well for drugs and other mass-market commodities. He suggests that to "stand between millions of customers desperate to buy and millions of merchants desperate to sell and stop them" may be asking too much of governments. Demand-side remedies may work better, though for items with great destructive potential, demand-reduction equates to conflict resolution--a long-term and uncertain proposition at best. In such areas, interdiction and source control programs-- locking down Russian nuclear warheads and materials, for example--remain indispensable guarantees of international security and stability.

A riposte to free market cheerleaders, June 9, 2006
"Illicit" by Moises Naim is a good primer on the underground economy. Mr. Naim's experience as an Editor at Foreign Policy magazine appears to have helped the author hone his skills at synthesizing an impressive quantity of third-party research to support his thesis. It is also evident that Mr. Naim's discussions with numerous high-level personal and professional contacts around the world have helped him reflect on the topic at length, leading him to offer many pages of thoughtful critique and analysis. The end result is a balanced and nuanced book that makes a valuable contribution to our understanding about an increasingly urgent and worrisome problem.

Some might also read Mr. Naim's description of how globalization empowers illicit trade as a riposte to free market cheerleaders such as Thomas Friedman, who tend to equate entrepreneurship with utopianism. To the contrary, we find that many counterfeiters and traffickers are highly skilled and creative people who excel at exploiting decentralized and flexible underground marketing, sales and production networks for personal gain but at great expense to our collective peace and security. According to Mr. Naim, "profits...was the name of the game" for nuclear weapons traders such as A.Q. Khan, and it is on this basis that the struggle to curtail illict trade must be based.

Given that governments around the world are currently losing this struggle, Mr. Naim argues for a strategy of harm reduction including the removal of the artificial barriers that create myriad profit opportunities for criminals. For example, this might include the decriminalization of marijuana. The author reasons that law enforcement could better focus on much more dangerous activities and on enforcing the laws in more readily attainable ways, such as prosecuting major drug dealers and the employers of illegal aliens. I found Mr. Naim's recommendations to be refreshingly commonsensical when compared with the more politically expedient but ineffective supply-side fixes that are proposed by far too many policymakers today.

Regrettably, Mr. Naim fails to take the book to a deeper level of analysis by making a stronger connection between neoliberal ideology, democracy and illicit trade. To be sure, Mr. Naim highlights the fact that some places on our planet have become anarchic, controlled by criminal gangs of all sorts whose economic power has allowed them to buy off their local governments (if they exist at all). However, he does not acknowledge the fairly obvious fact that illicit trade might represent precisely what neoliberalism desires: pure capitalism without the restraining influence of government. Might his recommendations have been made stronger by insisting on ways to achieve meaningful social and environmental justice through radical democratic reforms, rather than plugging holes in an already far too leaky and decrepit system of global neoliberal governance?

Setting aside this reasonable difference in opinion, I found this book to be an engagingly interesting and informative read. I highly recommend it to all.

The limits of moral indignation, May 18, 2006
Naim starts his book by describing the corrupting influence of global trade. He argues that the rapid fall in trade barriers during the 90s has produced a boom in illicit trade. Just as it is easier to make an international call or buy clothing manufactured in China, it is now trivial to traffic slaves and contraband. With all their cash flow, smugglers have made a big business of tax evasion. In some places, it is cheaper for smugglers to buy the government than fight it. Once purchased, they can make their line of business 'legal', at least within their own territorial domain. The consumer can politely ignore all of this until smuggler profits fund political violence such as 9/11. The way modern smuggling threatens the peace provides Naim with a great story line, something that should interest a wide audience.

With uncontrolled global trade identified as the primary culprit, Naim turns to detailed stories regarding the immoral traffic in slaves, drugs, body-parts and weapons. I use the term 'immoral' because Naim relies on 'moral outrage' to maintain reader interest.

Naim paints a picture of global smuggling networks composed of independent, but cooperative agents now finding a stealthy niche in international commerce. He shows how these agents arbitrage the differences between legal systems. When useful, they can simply buy the government and grant themselves legitimacy. The amounts of money are huge. They specialize in cross border movement and make the most of high tech gadgets. Take out any individual, and a competitor quickly fills the gap. There is no long vertical chain which would allow police to immobilize the smuggling network by taking out a few kingpins. These networks are very robust.

Naim spends the last 10% of the book on policy recommendations, but they seem tentative and conventional. He lists 6 steps:
1. Enhance surveillance technology (eavesdropping, biometrics, etc.)
2. Unify government agencies (do 'homeland security', but do it right)
3. Give government goals that can be achieved
4. Use global solutions
5. Build political will power to do reasonable things (like legalize marijuana).
6. Get everyone involved.

The 6 step program strikes me as schizophrenic. The first two steps are very conventional 'big government' solutions. The last 4 might be rephrased to read 'educate the voters, and kick out the rascals'. Who wants more big brother programs? What is the educational curriculum, the joys of surveillance?

What gets ignored is rising gang violence. Naim is curiously silent on levels of kidnapping, extortion and blackmail. These problems are particularly bad on the borders. Nor does Naim discuss theft of real property. For example, the theft of electricity and oil from various energy networks (bunkering) never makes it into his book.

Rather than explore the nature of network violence, Naim seeks to show 'illicit' trade is simply an economic issue. Time and again, Naim tells us that these criminals are capitalists, driven by economic goals. He asks us to think of them as bankers rather than bootleggers. They are driven by profits and only become 'criminals' because of misguided political events. Naim argues that few bootleggers are purely doing illicit business. They are really generalists. Almost all have some 'licit' business. Further, if you really take a close look at yourself, everyone has done an 'illicit' deal at some point in their lives. We are all in the 'illicit' business.

It is a little harder to make this case if robbery, kidnapping, extortion and blackmail are included in the list of 'illicit' activities. One can argue that economics illuminates murderous motivations, but I've always found such arguments hollow. I'm not convinced that thugs are purely economic actors. The thugs I've met instinctively like violence and domination, regardless the economic consequences.

Naim spends the last 10 pages describing the declining importance of the 'nation-state'. He derides the Bush administration for expecting terrorism to be 'state sponsored'. This represents a 7th recommendation. He argues that terrorist are sponsored by global illicit trade, not 'states'. Instead of looking for the 'state', we should be looking for the 'network'. One is left wondering what 'looking for the network' might mean.

Too general, lacks depth, July 5, 2009
Moises Naim's "Illicit" represents a good attempt to provide a (rather general) overview of the main types of illicit trade. Unfortunately, the book does not go beyond the overview-level. It is way too superficial and lacks depth. A disappointment...

Criminals without borders, December 2, 2008
What do fake Rolex watches sold in New York street fairs have in common with DVDs on sale in Hong Kong, with prostitution in Phnom Penh, and with breached fences between Mexico and Texas?

They are all manifestations of a new world phenomenon, illicit trade.

With globalization eliminating the restrictive controls imposed on international trade, goods and services flow more freely, but of course the intention is for legitimate business to take place. Unfortunately the mushrooming of legitimate business flows and activities have created a stream in which illegal business can travel undetected alongside legitimate trading. Because controls have for all practical purposes been abolished, illegal business deals can hide much more easily. This effect was unintended, largely unforeseen, and it is what links child prostitutes in Bangkok to illegal immigrant workers in the US.

Mois�s Na�m comprehensively describes the most important areas of the illicit global trade. The first two chapters explain the concept of illicit trade and smuggling, then following chapters examine individual illicit industries: the arms trade, the drug trade, the slave trade, intellectual property theft, the human organ trade, etc.

Na�m concludes that because of the volumes and of the amounts of money involved, none of this trade would be possible without tacit government and corporate support, usually in the form of outright corruption or passive acceptance. He describes how money from illicit operations is laundered to appear legitimate. One surprising finding is how drugs, because they are compact, are used to move profits around: the million dollar haul from an illegal lumber trade is more easily carried around as a pound of pure heroin than as a large suitcase full of cash!

He also describes how government agencies are corrupted, and how the very structure of government service keeps them from cooperating effectively. And that's _within_ a country! Between agencies in different countries, it is even more difficult to build trusting relationships.

Na�m isn't completely without hope. He shows journalists as being effective investigators, at great peril to their lives. He sees non-government organizations (NGOs) as being innovative, flexible, and driven in a way government agencies cannot hope to ever be. He closes with advice on what we can do as private individuals to stem what he calls the hijacking of the global economy.

Vincent Poirier, Tokyo

Dense expose of the dark side of globalization, May 27, 2008
This is a dense expose of the dark side of globalization. The depth and detail of topics seems out of place for a book that can fit in your pocket. Illicit reads like crime thriller or espionage novel but provides tangible facts that are useful for the professional and accessible to the layman. The most pivotal quote Naim's assertion that "illicit traffic is about transactions and not products." There is a solution within this quote, one that shifts enforcement resources to blocking the transfer of money and contraband rather than the contraband itself. Illicit is a modern handbook of global crime trends that will leave you alarmed, disgusted and enlightened. ... Read more

Editorial Review

Some have claimed that "War is too important to be left to the generals," but P. W. Singer asks "What about the business executives?" Breaking out of the guns-for-hire mold of traditional mercenaries, corporations now sell skills and services that until recently only state militaries possessed. Their products range from trained commando teams to strategic advice from generals. This new "Privatized Military Industry" encompasses hundreds of companies, thousands of employees, and billions of dollars in revenue. Whether as proxies or suppliers, such firms have participated in wars in Africa, Asia, the Balkans, and Latin America. More recently, they have become a key element in U.S. military operations. Private corporations working for profit now sway the course of national and international conflict, but the consequences have been little explored. In this book, Singer provides the first account of the military services industry and its broader implications. Corporate Warriors includes a description of how the business works, as well as portraits of each of the basic types of companies: military providers that offer troops for tactical operations; military consultants that supply expert advice and training; and military support companies that sell logistics, intelligence, and engineering.

In an updated edition of P. W. Singer's classic account of the military services industry and its broader implications, the author describes the continuing importance of that industry in the Iraq War. This conflict has amply borne out Singer's argument that the privatization of warfare allows startling new capabilities and efficiencies in the ways that war is carried out. At the same time, however, Singer finds that the introduction of the profit motive onto the battlefield raises troubling questions--for democracy, for ethics, for management, for human rights, and for national security. ... Read more

Reviews

Brilliant foundation, commands further studies, May 30, 2005
Throughout history, private interests have performed military duties and always proved a critical political factor. Celts and Germans worked in the Roman Emperor's personal Praetorian Guard, King Edward I employed professional companies of archers, and the Swiss fought all over Europe, and are still guarding the Vatican. It's only in the 19th and 20th centuries that the state has become the sole legitimate agent in the conduct of military operations. The 1990s, however, have witnessed the emergence of private organized interests at every level of military operations. The twist comes because today these private military firms (PMFs) are organized as twenty first century corporations, with business plans and long term profit objectives.

Singer's analysis begins with an account of private military interests in ancient and modern times. This gets us used to the idea that PMFs have been around before and are really nothing new. In the second section, Singer classifies PMFs in three segments, each characterized by how far its activities are from actual fighting. First and most obvious there are the military provider firms that place frontline military units (e.g. Executive Outcomes) second there are the consulting firms who train and shape a client's military (e.g. Military Professional Resources Inc.) and third there are the firms that provide logistical and support services such as food delivery (e.g. Brown and Root).

Lastly, Singer examines the implications of using PMFs, which of course being corporations are motivated by profit. Singer illustrates how seemingly simple precepts result in fiendishly complex moral problems.

Do we feel uneasy at for-profit military firms? Of course we do and so we are tempted to dismiss any question of using them. But In 1994, one of the more unsavory firms, Executive Outcomes, created a plan that for some 150 million dollars could have stopped the Rwandan genocide and saved hundreds of thousands of lives.(*) The UN Security Council balked at the costs, nothing was done until the genocide was well under way and half a million people were butchered.

Do we support relief organizations such as CARE? Do we give them money? I do. But how should we feel about the Red Cross and CARE using that money to hire PMFs as protection? Is it right for them to support PMFs? Is it right of us to expect them to go into dangerous situation with inadequate UN or local military protection?

Singer's conclusions are only tentative, and given the emphasis he's placed on how complex the moral dilemma is, this is only proper. He neither condemns nor supports the rise of PMFs, he merely states that they exist and are on the rise, he describes how they operate, and he points out the practical and moral dilemmas that arise from making use of them. He ends with a rewording of the proverb that war is too important to be left to generals: war is too important to be left to private industry. In other words, he warns us that while PMFs are here to stay we must keep them in check and on a leash.

Vincent Poirier, Tokyo

(*) See comments for more on this.

VP

An great look inside the modern private military companies, February 17, 2006
P.W. Singer has written a very insightful and detailed look into the modernization and globalization of the private military firms. The private military firm is not a new concept but actually dates back thousands of years. These firms are better known under the more controversial name: mercenaries.

It'd be unfair to say that all private military firms are like the mercenary companies of old. Sure there are still flight-by-night firms that hire themselves out to the highest bidder, switching allegiances on a dime, and committing acts of brutality that made them so infamous during the African civil war and wars of liberation in the late 1950's and through most of the 1960's. The modern private military firm as described by Singer has more in common with corporations that deal in outsourcing specific jobs.

Corporate Warriors goes through in describing the many different types of firms. From the provider firms like Executive Outcomes (a famous early 90's firm created by former South African military operatives) which take a fron-line role in training, advising and fighting for their clients. Then there's firms like the US-based MPR who provide military assistance in the form of advisors that range from ex-generals to former veteren noncoms. The third type would be firms like Halliburton who provide non-combat services (mess hall, laundry, logistics, etc...) for the US Military and its allies.

What all these types of private military firms have in common is in the way they are run. These firms are run like Fortune 500 firms and alot of the companies in the Fortune 500 make use of these firms' services. Whether for help in negotiating with the governments of third world nations to security detail for corporate officers. These firms in the last decade or so have seen a rise in their profits as the US government and its military services have begun outsourcing noncombat duties to outside firms. It is this new practice begun by the US and mirrored by its allies that Singer points should be a concern.

Such firms are not bound by the rules of war and engagement. They also don't fall under the rules of the Geneva Convention in terms of prisoner status in the event employees of such firms become so. With the proliferation of PMF operatives and advisors in combat zones around the world it's inevitable that such employees will become front-line participants in such conflicts instead of staying out in the sidelines. One prime example of such an occurence was the ambush and killing of four Blackwater security operatives in Iraq. In fact, employees of these PMF's account for a very lrage percentage of civilian contractors killed in Iraq and Afghanistan. Another example where the line between military and civilian has blurred has been the use of civilian contractors to advise and conduct interrogations not just in Abu Ghraib, Iraq but also in Guantanamo Bay. Such a blurring of the lines has led to corruption and criminal acts.

Singer points this out in detail and sees the trend of governments using civilian contractors to supplement their military more and more in the years to come as a dangerous shift in miitary policy. Singer doesn't just point out the negative consequences of overuse of the PMF's. He also acknowledges that such firms does provide great service to their clients and have become an integral part of the global economy. Singer knows that like any industry the private military firms are here to stay, but with more governmental accountability and oversight of these firms then their negative impact on the political and strategic arena can be minimized.

I highly recommend this book as it takes a centrist approach in dealing with the subject of private military firms and the issues their sudden rise as a power industry has brought to the forefront.

essential for our times, June 22, 2003
Singer's categorizations of military assistance organizations confer clarity in a fragmented, heterogenous field of activity. When one thinks of quintessential 'government-provided' services, one thinks of education, prisons, policing, and the military. While privatization in the first three such areas has been studied extensively, Singer has provided here an essential overview and analysis of how privatization has unfolded, to a much greater extent than we may realize, in the military sphere. 5 stars- as readable as it is insightful.

Contemporary Warfare, Expanding Markets, August 24, 2003
Corporate Warriors is an exceptionally well written, well sourced book that will forever alter the way you view the present and future of American foriegn policy and of contemporary war on a global scale. It is a very balanced assesment of the privitization of war, which both exposes some very frightening aspects of the deal-making surrounding it's major players, yet demystifies other components and makes the case for a responsible, accountable use of these corporations. The lingering questions that one is left with at the end of its reading resonate with essential issues concerning globalized capitalism, namely its insatiable demand for the expansion and reinvention of its markets. Here, violence becomes a commodity and market economics come head to head with the social contract and moral conflicts unimagined just a few decades past.

An intelligent, groundbreaking, & highly controversial book, September 11, 2003
Most folks will automatically assume this is a book about the latest generation of mercenaries. While that's certainly an aspect of this industry, there's a far more surprising side to this story: Their role in the restoration of peace, and in the reconstruction of wartorn countries.

Thus, private military firms (PMF's) are actually one of the 8 sectors of restorative development, often referred to as the global "restoration economy", which currently accounts for about $2 trillion annually. [Restorative development is defined as "socioeconomic revitalization based on restoration of the natural and built environments".]

This shouldn't be so surprising, given that most of them come from engineering or construction roots. But, why the dichotomy of good and evil? It's simple, really:

When PMF's are used to advance "new development" (such as exploiting someone else's natural resources, which often requires a "regime change"), they are often operating on "the dark side". When they are advancing "restorative development", they are usually the "good guys". The same dynamic can be found in the ordinary (non-PMF) civil engineering community.

Corporate Warriors does a wonderful job of documenting this fast-growing, highly profitable "ancient" industry, which is experiencing a rebirth as a major global force after 3 centuries of slumber.

a fascinating look at the dark underbelly of the military, June 11, 2003
Singer is renowned as an expert in the privatization of the military, and has appeared regularly on major news programs like CNN, CNBC, and Nightline. He documents how private companies have taken on an increasingly large role in military operations and support, both on the battlefield and in logistical and support roles, and his study raises serious questions about the conflicts of interest that may occur when military operations become enmeshed in politics and profit motives.

Messiah, Mercenary, or Menace?, November 23, 2004
This book is an intelligent, extremely well researched look at the expanding global use of Private Military Firms (PMF's) in warfare. Singer gives a complete account of their evolution and re-introduction, illustrating how the end of the Cold War has given rise to thousands of PMF's with seemingly no end in sight. The belief that nation states hold absolute military control is quickly diminished as the author demonstrates how even the strongest of nations have out-sourced many key and in some cases, highly sensitive military industries once thought exclusively the charge of the government.

The author contends that although useful and perhaps necessary in certain conflicts, PMF usage on the battlefield is on the sharp rise worldwide. As their availability increases, the number of internal conflicts in weaker nation states have also risen sharply. He sees a new pattern emerging as their easy accessibility means conflicts "are now more easily waged for economic control and resource exploitation." But it is profit not patriotism driving these firms who in many cases are linked to multinational corporate structures complete with CEO's, shareholders, and market share. The notion of engaging in warfare for ideological or patriotic allegiance is doubtful and unlikely, as the very nature of these firms require conflicts persist for their own survival to flourish.

"Corporate Warriors" examines the good, the bad, to the ugly, and case studies past interventions some of which held remarkable positive outcomes, others which hold stark warnings for future implications, and still those where disgraceful accounts of lawlessness and moral ethics were completely abandoned. He discusses the almost non-existent public monitoring mechanisms to oversee possible conflicts in foreign policy and raises the issue of circumventing congressional oversight due to either current laws or offshore corporate links. The book discusses the paradox of mixing business with war and raises valid questions on legal, moral, and international accountability as even now firms with blemished histories in the Balkans have landed lucrative contracts in Afghanistan. Other firms who in the past often operated in the shadows, are seizing the window of opportunity opened as the "war on terror" gives off a sounding bell which is heard loud and clear throughout the industry .....their new meal ticket arriving on a platter.

Messiah, Mercenary, or Menace?, January 28, 2004
This book is an intelligent, extremely well researched look at the expanding global use of Private Military Firms (PMF's) in warfare. Singer gives a complete account of their evolution and re-introduction, illustrating how the end of the Cold War has given rise to thousands of PMF's with seemingly no end in sight. The belief that nation states hold absolute military control is quickly diminished as the author demonstrates how even the strongest of nations have out-sourced many key and in some cases, highly sensitive military industries once thought exclusively the charge of the government.

The author contends that although useful and perhaps necessary in certain conflicts, PMF usage on the battlefield is on the sharp rise worldwide. As their availability increases, the number of internal conflicts in weaker nation states have also risen sharply. He sees a new pattern emerging as their easy accessibility means conflicts "are now more easily waged for economic control and resource exploitation." But it is profit not patriotism driving these firms who in many cases are linked to multinational corporate structures complete with CEO's, shareholders, and market share. The notion of engaging in warfare for ideological or patriotic allegiance is doubtful and unlikely, as the very nature of these firms require conflicts persist for their own survival to flourish.

"Corporate Warriors" examines the good, the bad, to the ugly, and case studies past interventions some of which held remarkable positive outcomes, others which hold stark warnings for future implications, and still those where disgraceful accounts of lawlessness and moral ethics were completely abandoned. He discusses the almost non-existent public monitoring mechanisms to oversee possible conflicts in foreign policy and raises the issue of circumventing congressional oversight due to either current laws or offshore corporate links. The book discusses the paradox of mixing business with war and raises valid questions on legal, moral, and international accountability as even now firms with blemished histories in the Balkans have landed lucrative contracts in Afghanistan. Other firms who in the past often operated in the shadows, are seizing the window of opportunity opened as the "war on terror" gives off a sounding bell which is heard loud and clear throughout the industry .....their new meal ticket arriving on a platter.

Very Complete Analysis, December 8, 2004
This book provides a comprehensive and apparently very well researched analysis of current / recent use of privatized military force.

Both positive and negative impacts of use are described. The book is interesting and timely - given the potential for overstretch of traditional resources the potential for the private sector could be even higher than present.

The one possible negative comment that could be made against this book is the implication that private military forces are something new e.g. East India Company.

Corporate Warriors - We need a Sequel, September 26, 2005
Peter W Singer has picked one of the hottest and most potentially frightening topics of global politics to day. The Firms who lives by the sword to deliver protection and security for those willing to pay.

He has given me a vital background knowledge for further study of situations like the ones in Iraq and Afghanistan, which is slowly drifting out of government control. If and when the governments downsize the commitment in such places. Who will protect oil wells, pipelines and/or democratic progress in the potential conflict zones and giant oilreserves. Can we thrust private military firms to take action?

Who are the actors in this market, which has been building since the end the of the Cold War. Peter Singer gives an introduction of the private Warriors in the front, as military cosultants and in the business of supplying the troops with accommodations. As the conflicts has globalized, so has the actors in this market.

The book is also a great introduction in to a murky world of dictators and great powers. They both use the private military firms to very diferent things. The government of great powers uses PMFs to take out the trash and deliver hardware where governments do not want to be committed. The dictator can use the PMF to deliver a swift and forceful victory over the enemy. They do not however create lasting stability.

The book is written before the War in Iraq and more questions needs to be answered. What happens when the US. army is dependent of supplies and services from one private firm for its survival? Can the army downsize more and rely on hired guns for protection of oil, supplies or logistics? The scandals of Halliburton and their subsidiary in Kellogg, Brown and Root gives us cause for concern. Other concerns are multinational companies'intimate relationships with PMFs and governments in developing countries.

In short this book needs a sequel. But it is a great first step in covering a problem which is on the rise.



... Read more

Editorial Review

Illuminate the process of international lawmaking with this timely and practical revision. INTERNATIONAL LAW: Norms, Actors, Process: A Problem-Oriented Approach, Second Edition, uses compelling problems and an interdisciplinary approach to lead students from fundamental to advanced topics.

This efficient and effective casebook offers:

• a distinguished team of authors, all known for their widely published writing
• a real-life problem approach that illustrates the law in action -- for example, genocide in Rwanda, state formation in the former Yugoslavia, and the problem of ozone depletion in protecting the atmosphere -- and grounds material for students to give the subject a contemporary connection
• comprehensive, current, and well-balanced coverage of the field
• engaging and challenging visuals, including maps, charts, and photographs
• interdisciplinary materials incorporating perspectives from economics, political science, and critical and feminist legal studies
• a brief historical section to give students a deeper understanding of global history
• manageable length

Presents a wide range of new material:

• developments, cases, and updated notes and questions relating to the war on terrorism, the Iraq war, global warming/climate change, the law of occupation, international law in U.S. courts, and the International Criminal Court
• new cases: Sosa (the Alien Tort Claims Act), the ICJ and U.S. death penalty and consular notification cases, the ICJ and the Israeli High Court on the separation barrier, and U.S. courts on detainees held at Guantanamo and elsewhere
• new sections of the text deal with recent important topics and update existing coverage
... Read more

Editorial Review

This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more. ... Read more

Editorial Review

During the Nuremberg trials, Dr. Leon Goldensohn–a psychiatrist for the U.S. Army–monitored the mental health of two dozen German leaders charged with carrying out genocide. These recorded conversations have gone largely unexamined for more than fifty years, until Robert Gellately–one of the premier historians of Nazi Germany–made them available to the public in this remarkable collection.Here are interviews with the likes of Hans Frank, Hermann Goering, Ernst Kaltenbrunner, and Joachim von Ribbentrop–the highest ranking Nazi officials in the Nuremberg jails. Here too are interviews with lesser-known officials essential to the inner workings of the Third Reich.Candid and often shockingly truthful, The Nuremberg Interviews is a profound addition to our understanding of the Nazi mind and mission. ... Read more

Reviews

A Fascinating Book in Many Ways, October 13, 2004
Everything about this book is utterly fascinating - it contains verbatim interviews with the Nazi leaders on trial for their lives at Nuremberg, conducted by Leon Goldensohn, a military psychiatrist who passed away in 1961. Dr. Goldensohn's hand-written and typed interview notes were kept in boxes in his family's home for over 40 years. The interviews read like narratives - details of the prisoners themselves, their surroundings, their motives, are described in ways that read like a good story, although very chilling at times. Not surprisingly, each man conveys an unwillingness to assume responsibility for his part in the Holocaust. This is a must read for those interested in Jewish history but also for anyone who is intrigued in the story behind the story - how a young Jewish doctor from Newark, New Jersey was able to sit in a prison cell with leaders of the Nazi party and get them to talk so openly about themselves.

Neuemburg interviews, October 29, 2004
I am a personal friend of Eli, and first read some of this material at his home in NY. I was unable to respond to my emotions other than to say "the world has to see this". Handwritten pages of interviews transcribed every night to typewritten pages. Pages filled with the most mundane complaints concerning prision life, only interesting because these people were the architects of the most well known genocide of my life. That the author was a Jew and able to distance himself and gain the confidence of these people is nothing less than amazing. I an very pleased to see this in print, it came very close to being lost forever.

An Unique Perspective on the Nazi Leadership, March 3, 2005
This is a most useful book, and one that is quite interesting to read for the most part. The author, who died in 1961, was an Army psychiatrist assigned to interview a number of the Nuremberg defendants and some of the witnesses (many of whom later were tried themselves). The editor has reclaimed the author's notes (which are almost verbatim transcripts) of the interviews and put them into a handy format for review, including introductory brief biographies. While at times repetitive (e.g., the individual knew nothing of the "final solution" because Hitler insisted that each official only be concerned with the work of his own department; they point to Bohrmann, Goebblels, and Himmler as being the real malignant characters more than Hitler), there is nothing comparable to hearing defendants like Goering, Hans Frank, von Ribbentrop, Erich von dem Bach-Zelewski, Oswald Pohl and Erhard Milch recounting their views of the war and Hitler. There is a nice representation of civilian and military leaders. I found the interviews of Hitler's translator, Paul O. Schmidt, and that of Rudolf Hoess, commandant of Auschwitz, particularly interesting. Not surprisingly, most of the interviewees were not especially interested in talking about concentration camps and Jewish extermination--rather, a wide number of topics are touched upon relating to the Nazi party, Hitler, and military tactics. A helpful introduction and a discussion of how the interviews were obtained and preserved compliment the interviews themselves.

Nuremberg: The "Final" Solution?, April 11, 2005
In 1946, trial was held for 24 of the highest-ranking Nazi's, in Nuremberg, Germany. Arraigned on four counts including, conspiracy to commit crimes, crimes against peace, war crimes, and crimes against humanity, 12 were sentenced to death by hanging, two others, to death in absentia, three to life imprisonment, two to twenty years, one to fifteen years, and one to ten years. Three were found not guilty. While awaiting trail, American psychiatrist, Leon Goldensohn, interviewed each of the defendants and key witnesses. This is their story.

Goldensohn lets each man describe his role in the Third Reich, in his own words. Readers get an insight into the demented thought processes of Hitler's Deputy, Rudolf Hess, and that of the vain and pompous Reich Marshal, Hermann Goering et. al. How and why 2.5 million people were gassed at Auschwitz it told without emotion by it's notorious Commandant, Rudolph Hoess. Common reasons were:

"I knew nothing!"
"I was given only enough information to do my job."
"The Holocaust was the work of Hitler, Himmler, and Borman."
"I was only following orders!"

Goldensohn allows the reader to determine each interviewee's degree of guilt or innocence. What is amazing is the candor of the men who tell exactly what they did and why without reservation. Almost all deny any wrongdoing! "I was only following orders," seemed an adequate defense to men raised under Nazi tutelage throughout their lives.

Nuremberg firmly established the principle of individual responsibility for crimes committed even during time of war. While the first, it was, by no means, the "final" solution to crimes against peace or humanity. The Nuremberg Interviews explains the motivations of the men most directly responsible for the deaths of an estimated 6 million people. This work is therefore a must read for anyone interested in the history of the Third Reich or the Holocaust. 5 stars!!

Five Minutes Past the Thousand-Year Reich . . ., January 30, 2006

Learning that an America soldier, psychiatrist and MD had the opportunity to examine this Germanic rabble in 1946 was simply too intellectually enticing to ignore, and Robert Gellately's compilation of Dr. Leon Goldensohn's interviews with some major members of the Nazi tribe is just as fascinating and nauseating as I had expected. While `The Nuremburg Interviews' sometimes seems rather like notes from a sophomore psyche class, the book is - in its antiseptic purity - the nearest approximation to explaining the inexplicable, and the nearest to giving some understanding of the incomprehensible.

This lack of editorializing is the book's greatest value. The patients of Dr. Leon Goldensohn (19 of whom are on trial and 10 of whom are just 6 months shy of becoming strange fruit) seem every inch a gentleman . . . Hermann G�ring is "friendly, eager to talk, and quite comfortable" while Wilhelm Keitel is "always in a good mood for talking" as Alfred Jodl bleats "you come to see the others but rarely to see me."

To read their interviews is to be struck dumb by their cordial banality. Perhaps most haunting of all is to come to the realization that these men are not monsters but men who acted monstrously in ways that would inspire the devil himself.

Stanley Milgram proved as much in his studies at Yale University and his book "Obedience to Authority." In it, Milgram demonstrated that we are truly a potentially twisted species; frightfully capable of astonishing cruelty when merely nudged in the wrong direction.

`The Nuremburg Interviews' is an ugly read, but an undeniably fascinating one.

Worthy, even landmark, addition to Holocaust/Nazi history, March 21, 2007
After World War II the allies and occupied/liberated countries (e.g., Britain, France, Italy, Poland, Greece, the Soviet Union) tried tens of thousands of people (German POWs, Nazi officials, Nazi colloborators, etc.) for war crimes. The records of most of these trials (many of which were summary) are not available for one reason or another. The most notorious of these war crimes trials were the ones before the International Military Tribunal at Nuremberg (scene of the spectacle of the Nazi party day celebrations) in which the U.S., Britain, France, and the USSR jointly prosecuted both organizations (e.g., the SS) and individuals (e.g., Martin Bormann, presumed to be the most powerful man in Germany after Hitler at the end of war, although he was tried "in absentia").

These trials were notorious for two reasons.

First, major players of the Third Reich then in captivity were on trial and attesting to events they were involved in (unlike in normal criminal trials in the U.S., in these trials the accused had no right against self-incrimination and could not refuse to testify or be cross-examined).

Second, documentation of the mass killings in concentration/extermination camps, which some had tried to downplay to that point as propaganda, was divulged to the world for all to see.

Dr. Goldensohn was a psychiatrist who interviewed defendants and witnesses in captivity at the Nuremberg trials on a regular basis. In so doing Dr. Goldensohn's purposes were several: He had to gauge the person's mental spirits (the prosecutors did not want to lose anyone to suicide) and medical well-being, as well as obtain a personal and family history, and prepare a psychological profile.

The results are nothing short of amazing, if not startling. With a few possible exceptions, all of the interviewees tried to distance themselves from the mass killings in one way or another and expressed remorse that they occurred. Their primary excuses were: (1) they knew nothing about them until the end of the war when the inmates in the camps were freed, and (2) they were just following orders, which if disobeyed meant their own death or imprisonment.

The extracts from Dr. Goldenson's contemporaneous interview notes are presented as separate chapters, one for each person. The interviews are primarily independent of each other (they are presented in the book in alphabetical order by defendants and then by witnesses). They can thus be easily read separately or out of order at a leisurely pace without losing the overall context of the book.

The interviews for a particular person vary from 1-2 pages (Rudolf Hess, Alfred Jodl, Albert Speer, Kurt Daluege) to over 20 pages (Walther Funk, Hermann Goering, Hjalmar Schacht, Ewald von Kleist) in length, most are about 10-15 pages. Many of the interviewees come off as bland and colorless, one exception is Reichsmarschall Hermann Goering who by turns is remonstrative and bombastic. Each chapter begins with the person's photo, along with a brief description of their positions and titles, and what ultimately happened to them (death, imprisonment, not guilty).

Dr. Goldensohn's work is particularly enchanced by the participation of historian Robert Gellately, who (1) provides as an introduction a 20-plus page insightful and balanced discussion of the background of the trials and interviews, (2) masterfully edits and abridges the interviews presented (they were still in an incomplete format when Dr. Goldensohn died in 1961, some were typed, some were handwritten, and contained errors in spelling and syntax, etc.), and (3) provides useful endnotes on many of the statements of the interviewees (the endnotes explain the context of some of the statements made, expose misstatements or outright falsehoods, and contain references for further reading).

There are a couple of minor shortcomings to the work: (1) Dr. Goldensohn was not fluent in German and had to rely on a translator for what most of the interviewees were saying: thus it is possible "something got lost in the translation"; (2) one must remember that all of the interviewees were on trial for their lives (10 of the 19 "defendants" were sentenced to death as, at subsequent trials, were 5 of the 14 "witnesses"; 7 of the defendants and 7 of the witnesses received jail terms) and probably suspected anything incriminatory they said would be used against them (indeed, there was no patient-doctor confidentiality in these interviews and any statements they made to Dr. Goldensohn could have been used against them although that apparently never happened). (In this regard, for what its worth, two of the most extensive interview notes in the book are those for Hans Fritsche, a minion who worked in the German Propaganda Ministry, and Hjalmar Schact, former president of the Reichsbank (to 1939) and minister without portfolio (to 1943), both of whom were found not guilty.)

The Nuremberg Interviews, December 4, 2007
This book has been sitting on my shelf for about a year and I finally decided to dive into it. I wish I had read it sooner. `The Nuremberg Interviews' is a collection of interviews with a number of the most notorious Nuremberg defendants-as well as those designated witnesses-by American psychiatrist Leon Goldensohn. Much has been written about these individuals, but here we have the story of the Third Reich in the words of those who participated in it. From a historian's point of view, this is truly fascinating stuff. That Goldensohn was himself Jewish, only makes it more fascinating-and ironic-and the professional detachment is amazing. That is not to say that Goldensohn's comments-which are part of the interviews-are without bias. Of course this is completely understandable, but as editor Robert Gellately puts it in his compelling introduction, some of Goldensohn's assumptions color his interviews:

"He accepted the view that a vast conspiracy began more or less at the beginning of the Third Reich and continued into the war years. Few historians today would agree with such an `intentionalist' approach to the Third Reich, and most subscribe to the view that many policies, including the policy to murder all the Jews in Europe, were improvised and decided only well into the Second World War."

Some of the better known interviewees were Alfred Rosenberg, Ribbentrop, Keitel, Julius Streicher, Baldur von Schirach, Goering, Hess, and many others. There are 33 interviews in all. Most of the defendants were quite cordial, and almost all of them were adamant in their innocence. With the exception of a few, all the defendants repeated the "I was just following orders and I had no idea about the atrocities" line. Others admit to knowing about it, but say there was nothing they could have done to stop it. Two or three of them actually expressed genuine remorse. It is tempting to write them all off as murderers and liars, no doubt some of them were, but many of them come off as quite sincere when describing the events of the Third Reich, even if they tend to minimize their own part in it. Some of the conversations were fascinating, like when Admiral Doenitz says that most of the atrocities were carried out by "overly emotional Bavarians and Austrians" rather than Northern Germans who were more rational. Or when several defendants gave their candid assessment of Hitler, or bad mouthed their fellow defendants. On the other hand, some was inane small talk, like when a certain defendant goes on about how he would have liked to have been a simple gardener and complains about his health problems.

Without a doubt, the most disturbing-and probably the most honest-interview was with Rudolf Hoess, the former commandant of Auschwitz. Hoess freely admitted to directly overseeing the extermination program, and estimated that in his four years as commandant that he killed 2.5 million men, women, and children. This was chilling stuff. Overall, this is a chilling but fascinating read for anyone interested in the history of the Third Reich or WW2.

After all these years, bigoted terrorists still thrive, November 26, 2004
To give this book anything less than 5 stars, and to imply, as the ridiculous book reviewer below, "T.S. Wing," did, that the Nazis that were interviewed for this book were somehow justifiably normal is a travesty. In fact, the book makes it clear that these men were not "monsters" but terribly human bigots and egomaniacs whose motivations were a frightening mix of self-aggrandizement, false-nationalism, and ice-cold hatred. My God: after all these years, bigots and deniers still thrive in the full shadow of long-dead Nazi goons. Thank goodness that amazon.com gives us an opportunity to refute hateful and uninformed reviews, both of Nazism and of the important profession of mental health treatment.

Difficult ,but a must-read, November 3, 2004
The fact that Dr.Goldensohn could come face to face with these monsters and keep his civility and humanity intact, is a testament to the determination he had to reveal these creatures for what they were:mindless,cold,calculating and above all,always chanting their"I didn't know what Hitler was really doing.."mantra,which for most of the world,has fallen on deaf ears.However,by revealing them,he also teaches us through the interviews that ordinary men are completely capable of casting aside all morals and human emotion when a the prize of power is held in front of their noses.Suddenly,nothing else matters but "following orders." This book needs to be made available to young people as soon as they are able to comprehend what is in it.We need to teach our children the results of cruelty,blind allegiance ,and a demonic need for power.It is never too early to begin.

This is the real stuff., July 16, 2005
I am not Jewish, nor German, but the issue of what happened in Germany in the Nazi years is a vital one for all of us. (Believe me.)

This book is a very useful collection of interviews. I was enabled to see some light in the murkiness. It also had photographs of the interviewees, which I appreciated very much.
It's hard to describe what I took out of it. It cast so much light on "how it could happen" that I found myself reading passages out loud to people. Large portions I skipped through, in fact I trawled idly, opening what interested me. But the bits that I became absorbed in were very valuable to me. If you are, like me, always trying to find contemporary writings that seem to have the ring of truth about them, this is a must.
My copy has gone AWOL, and I find myself having to buy another. ... Read more

Editorial Review

"The Case of the Pope" delivers a devastating indictment of the way the Vatican has run a secret legal system that shields paedophile priests from criminal trial around the world. Is the Pope morally or legally responsible for the negligence that has allowed so many terrible crimes to go unpunished? And, should he and his seat of power, the Holy See, continue to enjoy an immunity that places them above the law? Geoffrey Robertson QC, a distinguished human rights lawyer and judge, evinces a deep respect for the good works of Catholics and their church. But, he argues, unless Pope Benedict XVI can divest himself of the beguilements of statehood and devotion to obsolescent canon law, the Vatican will remain a serious enemy to the advance of human rights. ... Read more

Reviews

Suffer the little children to come unto me, October 24, 2010
Do not read his book if you suffer from moral nausea or ethical indignation. You will be sick for weeks, and probably for much longer.

Australian-born Geoffrey Robertson is a notable human rights lawyer and judge based in London. In his book he asks a simple question: to what extent is the Roman Catholic Church, and its head, the Pope, legally accountable for child abuse committed by its priests? He answers the question in a sustained forensic analysis that is devastating in its clarity, facts, even-handedness and focus. In the style of a legal brief, he writes in numbered paragraphs. There are 245 of them. They grip one by the throat as one reads.

Based on extant data and reasonable inference, it can be calculated that over 100,000 young people, from children to teenagers, overwhelmingly but not exclusively boys, have been molested in the Catholic Church over the past thirty years (to go back no further). It was during this period that Joseph Ratzinger, first as a Cardinal and Prefect of the Congregation for the Doctrine of the Faith-he was appointed in 1983-and then, from 2005, as Pope Benedict, had as much influence over the rules monitoring of priestly conduct as anyone else in the Catholic hierarchy. Why have so few priests been prosecuted? Why does the Catholic Church, with its enormous resources of power and influence, continue in these matters to resist any accountability to national and international law?

The answer is that it does not feel it is accountable to any laws but its own, that is Canon Law. It asserts this right by reference to its role as an independent state, established in the 1929 Lateran Treaty it made with Mussolini. Robertson demolishes this claim to statehood by measuring the identity of the Vatican against the legal norm of what constitutes a state as laid out in the 1933 Montevideo Convention on Rights and Duties of States. The claims of the Vatican to statehood, with their specious legalisms, confusions, and contradictions, would simply be comic if they were not so consequential, and if so many nations throughout the world, for their own self-interested motives, did not accept the Vatican at its own estimate.

Robertson stresses two elements in Catholic Canon Law by which, and solely by which, the Catholic Church is guided in its handling of pedophile priests. First, complete secrecy, or, to give it its full ring, "Pontifical secrecy." Absolutely nothing that is said or written in the course of an investigation into one of its own can ever be released outside the church. Secrecy is as binding in the Church as omerta is in the mafia. Both kill those who break this rule, the mafia physically by murder, the Church spiritually through excommunication.

Second, within their own institution, erring priests pay no civil, punitive or retributive penalty for their wrong-doing. There is little provision for such within Canon Law. There might be penance and prayer, but there will always be-and this is stressed strongly-forgiveness for them. Laicization (defrocking) is a possibility, but that is so rare as to be almost non-existent. Typically, pedophile priests are moved to other locations within the church, where, such is the secrecy surrounding their offenses and the willful laxness of oversight, they will almost certainly molest once more . This, Robertson shows, has happened again and again and again. One of the more egregious maneuvers has been for the Church to ship these priest off to Africa, where there will be far less chance of their recidivism being reported. Meanwhile, the Church does nothing for the young victims or their families.

Of course, in recent years the lid as been blown off this vile, obsessively guarded secret in the Church. Scarcely a month passes without one more case of a priest being arraigned in civil court for child molestation. Whole nations-notably the USA, Ireland, Belgium and Germany-have been staggered by the extent of the abuse. Inevitably more nations stand to be rocked by similar revelations. The Catholic Church has paid out millions in damages. It is learning the lesson that cover-up is often more damaging than the crime. Or is it learning? Robertson would say no. Nothing Ratzinger has done or said shows any yielding on the principle of Pontifical secrecy or the primacy of Canon Law. This means that effectively officers of the Church are under no obligation to obey civil law and report cases of criminal child abuse to the civil authorities. Indeed, they are encouraged to conceal any evidence they have. It was on the suspicion that Belgian Church authorities were concealing such evidence that Belgian police raided and recovered documents from Roman Catholic Church premises earlier this year. Pope Benedict called the police action "deplorable." Cardinal Bertone opined, "there are no precedents for this, even under communist regimes." These are not the reactions of those who are willing to surrender child-destroying privileges.

"Be ye ever so high, the law is higher." Is the Catholic Church above secular law? In cases of child abuse, it acts as if it is. Let it be stressed that the Church attracts the fervent devotion of millions of believers. It responds to the desires and fears of human mortality. It offers glorious ritual, consoling counsel, and the inheritance of millennia. Through its charities and aid networks, it offers help to the poor, the sick and the destitute. For these actions it deserves thanks and gratitude. But it has fallen prey to its own deluded notions of infallibility, to the egoism of its deeply-rooted power, and to the dangerous warping of celibacy and secrecy. It deploys all its religious, intellectual, and diplomatic force to defend these interests by whatever means necessary, including, for example, an insistence that it receive only state to state communications and then only in its "national" language-Latin. The price of this grim and fierce intractability is being paid for by young, innocent and trusting children. To quote the final sentence of Robertson's shocking book: "On the question of whether Benedict XVI is capable of the wisdom and humanity to protect the children of his church, the jury is out."

Essential source for undertanding the Catholic Sex Abuse Crisis, December 8, 2010
Dozens of books have been written about the clergy sexual molestation scandal in the Catholic Church. Geoff Robertson has written one of the select few that serve as foundational studies essential for a clear understanding of the issue. This brilliant book is grounded solidly on facts. The author, a well respected and accomplished human rights attorney and judge from Great Britain, has thoroughly examined the unique status of the Catholic Church as a member of the community of nations. The reason for the author's examination and analysis of the Catholic Church's participation in the U.N. and its parallel status as a sovereign nation is the revelation of the Church's handling of the world-wide problem of sexual abuse of minors by its clergy. One does not have to get very far into the book before the feelings of anger, prompted by the exposition of the Vatican's systematic duplicitous actions, turn to revulsion. This book is not a polemic but a detailed exposition of what really is and for this reason it makes the blood of any honest person, Catholic or not, quickly rise to the boiling point. Over the past several years official Catholic sources from the Vatican down to the local parish have churned out a steady flow of well-tuned rhetoric about the sex abuse crisis. It all amounts to variations on the same theme, namely that the Church leaders really aren't at fault in any way and that they have done more than any other institution to deal effectively with the scourge of sexual abuse and exploitation of children and adults. Geoffrey Robertson has studied the facts and has responded by pouring cold water on the Church's complex and misleading propaganda. The clergy sex abuse phenomenon is not a "Church" problem but a societal problem of international dimensions. Robertson's book is one of the very best sources for understanding this problem and seeing it as it really is.

Excellent legal-based polemic, December 30, 2010
Listen, you're not going to get a fair and balanced assessment in a paper that was commissioned for the explicit purpose of showing a point of view. Here, the point of view is that the Catholic Church in general, and the current Pope in particular, are complicit in covering up a worldwide criminal conspiracy to endanger children.

There are points where the analysis is excellent and the conclusions almost inescapable. Example: Canon law and procedure makes it a much more serious offense to report child rape by a priest to law authority (punishment: irrevocable excommunication) than it does for the priest to rape the child in the first place (punishment: stern warning). This shows that the Church knew that if the endemic nature of child rape by its priests became known then the civil authorities might shut down its ancillary activities like running schools and hospitals. [UPDATE: This was borne out by one of the WikiLeaks cables: [...]]

There are other points where the analysis is stretched and forced, and the conclusions therefore don't flow. Example: the whole section about whether The Holy See is a true legal state is a bit disingenuous, considering that statehood exists when a territory is recognized as a state by other states, so the whole thing is a bit of a shell game. The Pope is a head of state because he is recognized as one.

Notwithstanding, I recommend the purchase for an interesting and captivating analysis. This is a topic on which no one should be able to be neutral, and I'd love to see the rebuttal come someday from the Church. The fact that it won't, should speak volumes. ... Read more

Editorial Review

In this revised and updated edition, Donnelly directly engages matters of immediate political significance. He addresses recent international events and considers the theoretical issues and practical dilemmas involved in protecting human rights internationally. In a thoroughly revised edition of "Universal Human Rights in Theory and Practice" (more than half of the material is new), Jack Donnelly elaborates a theory of human rights, addresses arguments of cultural relativism and explores the efficacy of bilateral and multilateral international action. ... Read more

Editorial Review

International business law doesn't have to be a mystery. With its unique thematic approach, INTERNATIONAL BUSINESS LAW AND ITS ENVIRONMENT, 7e, enables you to learn public and private law issues quickly and easily. From intellectual property to direct foreign investment, this student-friendly text explains issues in ways you can understand. Known for its current, comprehensive, and accurate coverage, the text balances the legal challenges of doing business in developing and nonmarket-economy countries with the economic and political issues that commonly arise. It also focuses on the transactional aspects of international business as well as on the legal, cultural, political, and economic environment affecting managerial decision making on a global scale. Packed with real-world examples, the text emphasizes ethics issues throughout, incorporates cutting-edge cases, and includes a companion Website that helps you maximize your study time. ... Read more

Editorial Review

This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. International Human Rights in Context, Third Edition, thoroughly covers the basic characteristics of international law; evolution of the human rights movement; civil, political, economic, and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativism; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism.
Extensively revised and restructured, this third edition incorporates new themes and topics including human rights in relation to terrorism and national security; responsibility of non-state actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reform within UN human rights institutions; and theories about international organizations and their influence on state behavior. It is also accompanied by a website housing the Annex of Documents.
Its scope, challenging enquiries, and clarity make International Human Rights in Context, Third Edition, an indispensable resource for human rights students, scholars, advocates, and practitioners alike. ... Read more

Reviews

Human Rights Concerns, May 4, 2004
This book contains information about numerous human rights concerns from all around the world. In addition, it contains numerous articles and many documents. It is a wonderful research took that can be used by persons first learning about human rights, as well as by those persons who are working on post-undergraduate degrees

Thought-provoking, October 21, 2001
This is a really good human rights textbook. It covers a wide range of human rights issues, and has a lot of interesting articles. However I found some of the chapters rather difficult because of the legal jargon. Some of the things you have to read over more than once. The questions in the text focus on your personal opinions, so doing homework from this book is not so bad once you understand the questions (which for my slow brain was a challenge.) It is also very useful as a doorstop. :)

A book worth reading, not for the fainted heart, June 11, 2000
A book mixing a variety of topics on the hot subject of child labor, it combines all the right elements to attract the reader. Though the lengh of the book is a little long its great ideas and intriguing subject keep you reading. This is an enjoyable book to read on a lazy day. ... Read more

Editorial Review

After your casebook, "Casenotes" will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. ... Read more

Editorial Review

A major work from a seminal figure in the field of conflict resolution, Building Peace is John Paul Lederach's definitive statement on peacebuilding. Marrying wisdom, insight, and passion, Lederach explains why we need to move beyond "traditional" diplomacy, which often emphasizes top-level leaders and short-term objectives, toward a holistic approach that stresses the multiplicity of peacemakers, long-term perspectives, and the need to create an infrastructure that empowers resources within a society and maximizes contributions from outside.

Sophisticated yet pragmatic, the volume explores the dynamics of contemporary conflict and presents an integrated framework for peacebuilding in which structure, process, resources, training, and evaluation are coordinated in an attempt to transform the conflict and effect reconciliation.

Building Peace is a substantive reworking and expansion of a work developed for the United Nations University in 1994. In addition, this volume includes a chapter by practitioner John Prendergast that applies Lederach's conceptual framework to ongoing conflicts in the Horn of Africa. ... Read more

Editorial Review

Vade Mecum Júridico Legatus Editora
Conteúdo especialmente formatado para Kindle e demais leitores digitáis. Inclui links para legislação complementar.

Todo texto legal dessa obra está atualizado até o dia 09 de Agosto de 2010.

Fazem parte do Vade Mecum:
* Constituição Da República Federativa Do Brasil De 1988
* Ato Das Disposições Constitucionais Transitórias
* Lei De Introdução Ao Código Civil - Decreto-Lei Nº 4.657, De 4 De Setembro De 1942.
* Código Civil Brasileiro - Lei No 10.406, De 10 De Janeiro De 2002.
* Código De Processo Civil - Lei No 5.869, De 11 De Janeiro De 1973.
* Código Penal - Decreto-Lei No 2.848, De 7 De Dezembro De 1940.
* Código De Processo Penal - Decreto-Lei Nº 3.689, De 3 De Outubro De 1941.
* CLT - Consolidação Das Leis Trabalhista - Decreto-Lei N.º 5.452, De 1º De Maio De 1943
* CDC - Código De Defesa Do Consumidor - Lei Nº 8.078, De 11 De Setembro De 1990.
*Lei Nº 8.666, De 21 De Junho De 1993 - Licitação E Contratos Públicos
* Código Eleitoral - Lei Nº 4.737, De 15 De Julho De 1965.
* Estatuto Da Advocacia E A OAB - Lei Nº 8.906, De 4 De Julho De 1994.
* Código De Transito Brasileiro - Lei Nº 9.503, De 23 De Setembro De 1997.
* ECA - Estatudo Da Criança E Do Adolescente - Lei Nº 8.069, De 13 De Julho De 1990.
* Lei De Registro Públicos - Lei Nº 6.015, De 31 De Dezembro De 1973.
*Lei de Tóxicos - LEI Nº 11.343, DE 23 DE AGOSTO DE 2006.
*Estatudo do Desarmamento - LEI No 10.826, DE 22 DE DEZEMBRO DE 2003.
*Lei Juizados Especiais - LEI Nº 9.099, DE 26 DE SETEMBRO DE 1995
*Lei Abuso de Autoridade - LEI Nº 4.898, DE 9 DE DEZEMBRO DE 1965
* Estatuto das Cidades


Pretendemos atualizar este Vade Mecum Jurídico semestralmente. Iremos oferecer gratuitamente as atualizações através de envio do conteúdo ao email @kindle.com do comprador. Mais informações no interior do livro.


... Read more

Reviews

muito �til!, March 18, 2010
Achei muito �til o Vade Mecum para o Kindle. Consigo em um s� documento acessar as principais leis e c�digos. TOC/Sum�rio ajuda!
... Read more

Editorial Review

Editorial Review

The publisher says this book "exposes the political forces around the world that are cooperating to unite the people of this planet under a New World Order. Some of the most recognizable names in America are on this list!" ... Read more

Editorial Review

This is the controversial - and vital - report on the truth behind Israel's incursion into Gaza and the atrocities committed by both sides. "The Goldstone Report" is one of the most controversial UN reports ever published. It alleges that both Israel and Hamas committed atrocities when Israel invaded Gaza in January 2009 as a part of Operation Cast Lead. Justice Richard Goldstone, a celebrated South African and Jewish human rights lawyer, oversaw the UN fact-finding mission after the invasion. What Goldstone found, and later published, caused a maelstrom within Israel and the international community at large. Goldstone was demonized by many who claimed bias, intimating the report unfairly vilified Israel. Though the findings are of enormous historical, political and moral significance, few have actually read the document in its entirety - thus the furious political debate that mushroomed in the wake of its publication has supplanted any true understanding of the report's discoveries. "The Goldstone Report: The Landmark Investigation of the Gaza Conflict of 2008-2009" will change this.Edited by three progressive American Jews, Adam Horowitz, Lizzy Ratner and Philip Weiss, "The Goldstone Report" is an edited and annotated edition of the report that contains analysis, original essays and a context for the debate. ... Read more

Editorial Review

Principles of Public International Law has been shaping the study and application of international law for over 40 years. Written by a world-renowned expert, this book was the first to bring human rights into the mainstream of international law.


This seventh edition, fully updated since 2003, continues to provide the balance, clarity and expertise expected by Brownlie readers. The depth of knowledge displayed by the author, along with the detailed referencing and logical structure, make this title an indispensable resource for students, scholars and practitioners working in or studying international law.


... Read more

Editorial Review

The Law of Armed Conflict: International Humanitarian Lawintroduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide. ... Read more

Reviews

Comprehensive!, October 10, 2010
This book is great for an introduction into the law of armed conflict (also known as "international humanitarian law.") It discusses, from an academic and barely-biased perspective, the wide range of issues that arise in starting and conducting war. It was published in 2010, and therefore is able to thoroughly discuss issues surrounding the American wars in Afghanistan, Iraq, and the War on Terror. It also provides a good history of the development of the law of armed conflict up to present day. The book is well-researched and has great footnotes, making it a fantastic springboard to deeper research into the issue. I heartily recommend it. ... Read more