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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
Cell phone apps share location information; software companies
store user data in the cloud; biometric scanners read fingerprints;
employees of some businesses have microchips implanted in their
hands. In each of these instances we trade a share of privacy or an
aspect of identity for greater convenience or improved security.
What Robert M. Pallitto asks in Bargaining with the Machine is
whether we are truly making such bargains freely - whether, in
fact, such a transaction can be conducted freely or advisedly in
our ever more technologically sophisticated world. Pallitto uses
the social theory of bargaining to look at the daily compromises we
make with technology. Specifically, he explores whether resisting
these 'bargains' is still possible when the technologies in
question are backed by persuasive, even coercive, corporate and
state power. Who, he asks, is proposing the bargain? What is the
balance of bargaining power? What is surrendered and what is
gained? And are the perceived and the actual gains and losses the
same - that is, what is hidden? At the center of Pallitto's work is
the paradox of bargaining in a world of limited agency. Assurances
that we are in control are abundant whether we are consumers,
voters, or party to the social contract. But when purchasing goods
from a technological behemoth like Amazon, or when choosing a
candidate whose image is crafted and shaped by campaign strategists
and media outlets, how truly free, let alone informed, are our
choices? The tension between claims of agency and awareness of its
limits is the site where we experience our social lives - and
nowhere is this tension more pronounced than in the surveillance
society. This book offers a cogent analysis of how that complex,
contested, and even paradoxical experience arises as well as an
unusually clear and troubling view of the consequential compromises
we may be making.
In the age of technological advancement, including the emergence of
artificial intelligence, big data, and the internet of things, the
need for privacy and protection has risen massively. This
phenomenon has led to the enforcement of two major legal directives
in the European Union (EU) that aim to provide vigorous protection
of personal data. There is a need for research on the repercussions
and developments that have materialized with these recent
regulations and how the rest of the world has been affected.
Personal Data Protection and Legal Developments in the European
Union is an essential reference source that critically discusses
different aspects of the GDPR and the Law Enforcement Directive as
well as recent jurisprudential developments concerning data privacy
in the EU and its member states. It also addresses relevant recent
case law of the Court of Justice of the EU, the European Court of
Human Rights, and national courts. Featuring research on topics
such as public transparency, medical research data, and automated
decision making, this book is ideally designed for law
practitioners, data scientists, policymakers, IT professionals,
politicians, researchers, analysts, academicians, and students
working in the areas of privacy, data protection, big data,
information technology, and human rights law.
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