Widely heralded as a "masterful" (The Washington Post) and "essential" (Slate) history of the modern American metropolis, Richard Rothstein's The Color of Law offers "the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation" (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white areas. A ground-breaking, "virtually indispensable" (Chicago Daily Observer) study that has already transformed our understanding of twentieth-century urban history, The Color of Law is forcing Americans to face the obligation to remedy their unconstitutional past. * A The New York Times bestseller

Re-understanding the Child's Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their families

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them.
Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse.
The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.

Cruelty has long been a feature of states' domestic and foreign policies but is seldom acknowledged. Governments mouth respect for human rights yet promote discrimination, violence and suppression of critics. Documenting case studies from around the world, distinguished academic and human rights activist Stuart Rees exposes politicians' cruel motives and the resulting outcomes. Using his first-hand observations and insights from international poets, he argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet.

Human history has been marked by the great number of people born into conditions of war, violence, oppression and social exclusion. But at the same time, this history has been shaped by the long struggle for human rights and the people who have committed themselves to the practices of solidarity and nonviolence. The Power of Hope: Thoughts on Peace and Human Rights in the Third Millennium is a dialogue between two high-profile activists and thinkers who discuss the concrete ways we can shift to a world that prioritises justice and human dignity. Adolfo Perez Esquivel - Argentinian human rights activist and winner of the 1980 Nobel Peace Prize - played a vital role in resisting military dictatorship and was arrested and tortured under the Argentine militarist government. Daisaku Ikeda is a peacebuilder, Buddhist philosopher, educator, author and poet as well as being the founding president of Soka Gakkai International (SGI), the world's largest Buddhist lay organisation. Their dialogue intertwines their rich personal experiences in the struggle for human rights with wider reflections on how to make the Third Millennium the millennium of peace. The book combines rich accounts of Latin America under the brutality of the 1970s military regimes; insights from the Buddhist faith on the role of meditation for human rights activists; recognition of the crucial role of women in the practice of nonviolence; thoughts on international geopolitics and the legacies of Hiroshima; and discussion of the perilous role of globalisation in the loss of identities and ethical values.

Human Rights and the Arts: Perspectives on Global Asia approaches human rights issues from the perspective of artists and writers in global Asia. By focusing on the interventions of writers, artists, filmmakers, and dramatists, the book moves toward a new understanding of human rights that shifts the discussion of contexts and subjects away from the binaries of cultural relativism and political sovereignty. From Ai Wei Wei and Michael Ondaatje, to Umar Kayam, Saryang Kim, Lia Zixin, and Noor Zaheer, among others, this volume takes its lead from global Asian artists, powerfully re-orienting thinking about human rights subjects and contexts to include the physical, spiritual, social, ecological, cultural, and the transnational. Looking at a range of work from Tibet, Indonesia, Sri Lanka, India, China, Bangladesh, Japan, Korea, Vietnam, and Macau as well as Asian diasporic communities, this book puts forward an understanding of global Asia that underscores "Asia" as a global site. It also highlights the continuing importance of nation-states and specific geographical entities, while stressing the ways that the human rights subject breaks out of these boundaries. Many of these works are included in the companion volume Human Rights and the Arts in Global Asia: An Anthology, also published by Lexington Books.

That Indonesia's ongoing occupation of West Papua continues to be largely ignored by world governments is one of the great moral and political failures of our time. West Papuans have struggled for more than fifty years to find a way through the long night of Indonesian colonization. However, united in their pursuit of merdeka (freedom) in its many forms, what holds West Papuans together is greater than what divides them. Today, the Morning Star glimmers on the horizon, the supreme symbol of merdeka and a cherished sign of hope for the imminent arrival of peace and justice to West Papua. Morning Star Rising: The Politics of Decolonization in West Papua is an ethnographically framed account of the long, bitter fight for freedom that challenges the dominant international narrative that West Papuans' quest for political independence is fractured and futile. Camellia Webb-Gannon's extensive interviews with the decolonization movements' original architects and its more recent champions shed light on complex diasporic and inter-generational politics as well as social and cultural resurgence. In foregrounding West Papuans' perspectives, the author shows that it is the body politic's unflagging determination and hope, rather than military might or influential allies, that form the movement's most unifying and powerful force for independence. This book examines the many intertwining strands of decolonization in Melanesia. Differences in cultural performance and political diversity throughout the region are generating new, fruitful trajectories. Simultaneously, Black and Indigenous solidarity and a shared Melanesian identity have forged a transnational grassroots power-base from which the movement is gaining momentum. Relevant beyond its West Papua focus, this book is essential reading for those interested in Pacific studies, Native and Indigenous studies, development studies, activism, and decolonization.

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Under international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women's rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.

From a single ancient typewriter that frequently breaks down, Alabama's death row inmates have literally cut and pasted together a newsletter, "On Wings of Hope" for the last three decades. This newsletter, a labor of love, documents the decades of work, wisdom, activism, and lived experiences of these prisoners. The writings display, alternately, the humanity, suffering, remorse, indignation, and most importantly, political agency of those who have been executed, or are scheduled to be executed, by the state of Alabama. These writings have never been available to the broader public until now. Ghosts Over the Boiler is an anthology of poetry, visual art, essays, and other creative writings that have emerged from Alabama's death row from the organization Project Hope to Abolish the Death Penalty (PHADP). This group was founded by inmates in Holman Prison and has been operating autonomously since 1989. PHADP, which celebrates its 30th anniversary in 2022, is a resident-generated self-advocacy group that works toward the abolition of the death penalty in Alabama and the nation.

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade and ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon's theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights treaty bodies that have adopted an injustice approach. This injustice approach provides the foundation for Kosovo's case for remedial secession, and helps to sort out the competing entitlement claims of Malays in different countries. Indeed, the priority of Thomas W. Simon's Ethnic Identity and Minority Protection is to ensure the tales of designation and discrimination told at the beginning of the work do not become the stories of brutalization told at the end. In short, the challenge tackled in this text is to assure that reason reigns over hate.

Revelations about U.S. torture and prisoner abuse in blatant violation of the long-established and universally recognized Geneva Conventions have horrified most Americans. Nevertheless, it has been argued that the high stakes of the "War on Terror" have made the protections offered by the Conventions obsolete, or that the abuses are the work of a few rogue soldiers and officers. This book reaches past the headlines into the historical record to document POW torture and also domestic prisoner abuse dating well back in our history as well as government and military knowledge of and collusion in such ostensibly illegal and reprehensible acts. Is torture and prisoner abuse justified in the name of some greater good? As a society we shall have to decide. The historical record presented here can contribute much to an informed national discussion. Series features: BLTimeline anchoring the discussion in time and place BLBibliography of print and Internet resources guiding further exploration of the subject BLCharts and tables analyzing complex data, including survey results

National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

On September 4, 1957, the group of African American high school students who became known as the Little Rock Nine walked up to the front of Central High to enroll in school. They were turned away by the National Guard, who had been called out by Arkansas Governor Orval Faubus. "Blood will run in the streets," said Faubus, "if Negro pupils should attempt to enter Central High School." A mob seethed out front. The man who led the Nine up to the lines of the National Guard on that fateful morning was the author's father, a white Presbyterian pastor.

"My Father Said Yes" is the untold story of the Reverend Dunbar Ogden, who became the pro-integration leader in Little Rock's white community. He responded to a call for support from Daisy Bates, co-owner of the town's black newspaper. Both faced fierce opposition from within as well as from outside. Reverend Ogden lost his church and Daisy Bates lost her newspaper.

This memoir is also a moving father-son story. In this frank account, the author discusses the depression his father battled for most of his life, as well as the family tragedy of his brother's suicide.

A revealing, comprehensive, and detailed account focusing on the people and personalities behind the Montgomery, Alabama, Bus Boycott in 1955–1956, which became the catalyst for a national civil rights movement. The Montgomery Bus Boycott: A History and Reference Guide offers a comprehensive account of a critical turning point in American history. It offers a richly detailed chronological trip through post-World War II Southern society to the early 1960s, then focuses on the day-to-day frustrations, challenges, and victories of the people behind the protest that inspired a nationwide movement. The Montgomery Bus Boycott fills a gap in available resources with its comprehensive portrait of mid-1950s Montgomery—the mainly black, uneducated female protestors, activist Rosa Parks, Dr. King, and the white society desperate to keep intact the only culture they understood. Firsthand news reports, editorials, quotes, eyewitness accounts, and behind-the-scenes stories of political maneuvering help readers experience this dramatic—and still reverberating—victory over oppression.

The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris