Philosophy of Nonviolence Revolution, Constitutionalism, and Justice beyond the Middle East

In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, is animated by nonviolence as the new spirit of the philosophy of history.

Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution.

Chibli Mallat serves as Presidential Professor of Law and Professor of Law and Politics of the Middle East at the S.J. Quinney School of Law at the University of Utah. He also holds the EU Jean Monnet Chair of European Law at Saint Joseph's University in Lebanon. Professor Mallat has taught law on three continents as: Lecturer in Islamic Law and Director of the Centre for Islamic and Middle Eastern Law at SOAS, University of London; Visiting Professor, and Law and Public Affairs fellow at the Woodrow Wilson School, Princeton University; Visiting Professor of Law and Oscar M. Ruebhausen Distinguished Senior Fellow at Yale Law School; and Custodian of the Two Holy Mosques; Visiting Professor of Islamic Legal Studies at Harvard Law School. A prolific author in Arabic, English, and French, he is Chairman of Right to Nonviolence, a Middle East-based NGO active in the fields covered by this book. He is the author of Introduction to Middle Eastern Law (Oxford, 2007), and was the founder and an original general editor of the Yearbook of Islamic and Middle Eastern Law.

Preface

General Introduction
1. The Middle East Nonviolent Revolution: A philosophical manifesto

Part I- Revolution

2. Introduction- Nonviolence between order of reasons and decrees of reality

3. A brief history of nonviolence in the Middle East

4. Shattered political language: Reconstructing a humanist culture of nonviolence

5. Nonviolence: The central philosophical paradox

6. Conclusion- Rhythms of nonviolence

Part II- Constitutionalism

7. Introduction

8. Caveat: Against Secession

9. Constitutional ruins and unfathomable politics of transition

10. Constitution-writing: LEJFARC's universal template

11. Middle Eastern constitutionalism

12. Conclusion- Constitutionalism and nonviolence

Part III- Justice

13. Introduction- The order of reasons restated

14. 'Dictatorship is a crime against humanity'

15. Middle Eastern precedents and universal trends

16. The pyramid of accountability

17. Justice and nonviolence

18. Coda: on foreign intervention and nonviolence

19. Epilogue-The 2011 Anima

Bibliography

Index