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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism's impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political 'layers' within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.
Anthonyas fascinating biography of this aworld citizen in the Black
Atlantica sheds a good deal of light on the origins of Yerganas
radical engagement in the 1930s and 1940s.a aAs the title of this provocative work suggests, Max Yergan
certainly is one of the more intriguing figures of the previous
century. . . . This biography includes a particularly strong
bibliography and a detailed index.a "Beautifully written and accessible . . . "Max Yergan" is a
remarkable book which reflects prodigious and imaginative research.
It is more than a biography; it is a walk through a variety of
political and institutional movements that have substantially
shaped the history of the black world, from the United States to
South Africa." aAnthony has done an admirable job making sense of the sometimes
contradictory sources related to Yerganas life, and the scope of
his research is truly remarkable.a "The multiple lives of the man David Anthony explores in these
pages are fascinating, tragic, and remarkably little-known. The
left-to-right journeys of many white American intellectuals are
familiar, but the trajectory of this talented black man seems more
dramatic than any of them: from mentor of a key African National
Congress leader to enthusiastic backer of apartheid, from friend of
Paul Robeson and target of FBI surveillance to someone eulogized in
the "National Review," Max Yergan's odyssey through the twentieth
century is a prism through which to view anera's dreams and
conflicts on four continents." "David Anthony's biography of Max Yergan and the story of Otto
Huiswoud and his comrades by Joyce Moore Turner have provided us
with deeper understanding of that complex and often contradictory
history that has been the African-American relationship with the
communist movement." In his long and fascinating life, black activist and intellectual Max Yergan (1892-1975) traveled on more ground--both literally and figuratively--than any of his impressive contemporaries, which included Adam Clayton Powell, Paul Robeson, W.E.B. Du Bois, and A. Phillip Randolph. Yergan rose through the ranks of the "colored" work department of the YMCA, and was among the first black YMCA missionaries in South Africa. His exposure to the brutality of colonial white rule in South Africa caused him to veer away from mainstream, liberal civil rights organizations, and, by the mid-1930s, into the orbit of the Communist Party. A mere decade later, Cold War hysteria and intimidation pushed Yergan away from progressive politics and increasingly toward conservatism. In his later years he even became an apologist for apartheid. Drawing on personal interviews and extensive archival research, David H. Anthony has written much more than a biography of this enigmatic leader. In following the winding road of Yergan's life, Anthony offers a tour through the complex and interrelated political and institutional movements that have shaped the history of the black world from the United States to South Africa.
This book explores justice 'on the ground' in Southern African communities, and in particular the roles that women play in these processes. Justice on the ground is often critiqued for being male-dominated and patriarchal. This volume seeks to unpack and problematize this assumption through the case studies of Namibia, Zimbabwe, Mozambique and South Africa. Contributions focus on the lived experiences of women and the intersections of race, class, culture and the colonial experience that shape their lives. In the rural and peri-urban contexts discussed in this book, justice on the ground is found to be relational. The network of relationships between people and the well-being and health of a community as an integral whole continue to be of central importance as the survival of the community depends on the entire community functioning interdependently. An engagement with African feminisms is helpful in providing a number of lenses, or simply questions, through which to read the case studies. These case studies reveal the complex and organic ways in which women have power and influence in relation to justice on the ground which may not be immediately obvious.
This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions. It: considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech alongside the rights issues they raise examines the question of rights from the point of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples and lesbians and gays. A key strength is its detailed presentation and analysis of different aspects of rights and its exploration of a variety of analytical perspectives. Rights are viewed, not in terms of ethical certainty, but as the product of social processes and part of shifting terrain which is open to negotiation. Including a theoretical critique of existing perspectives, Rights offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and is an invaluable aid to students studying in this area.
This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in several disciplines (e.g., law, ethics, sociology, politics, and public administration) and those who may find themselves confronted with AI in the course of their work, particularly people working within the legal domain (e.g., lawyers, judges, law enforcement officers, public prosecutors, lawmakers, and policy advisors). Bart Custers is Professor of Law and Data Science at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands. Eduard Fosch-Villaronga is Assistant Professor at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands.
Compared with other subdisciplines in Chinese linguistics, children's language acquisition is a significant field with relatively limited achievements. Based on data from a dynamic and developmental corpus, this book is a comprehensive exploration of the early development of Chinese-speaking children's language acquisition. Anchoring the discussions regarding phonetics, semantics and aspects of syntax in a cognitive and functional framework, the author conducts an in-depth analysis of many acquisition characteristics, such as the inevitable and incidental errors of their learning of initials; their ability to obtain the concept of time at a young age and the utilization of Le in the expression of the past tense; their understanding of subjectivity at a young age and the ability to express it; their learning of the degree of modality following the order of from probability to necessity; and children's acquisition of syntactic structures being impacted by genetics and also affected by the steps involved in syntactic processing. Although genetics, cognition and experience all play a role in children's language acquisition, this book focuses on the role of cognitive functions. By successfully explaining the acquisition rules based on some cutting-edge linguistic theories, the book will certainly be beneficial to scholars studying linguistics, psychology, cognitive science and early childhood educators.
This accessible and authoritative book provides the first systematic overview of the global children's rights movement. It introduces both beginners and experts to child and youth rights in all their theoretical, historical, cultural, political, and practical complexity. In the process, the book examines key controversies about globalization, cultural relativism, social justice, power, economics, politics, freedom, ageism, and more. Combining vivid examples with cutting-edge scholarship, Children's Rights: Today's Global Challenge lifts up the rights of the youngest third of humanity as the major human rights challenge of the twenty-first century.
This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC's failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court hasjurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.
The clearest and most comprehensive introduction to global justice Second edition has been revised throughout and includes two new chapters on ethical and moral debates concerning reparations and global health. The chapters on world poverty, human rights and just wars have also been substantially revised and updated. Includes chapter summaries and annotated further reading
This insightful book analyzes the political engagement and marginalization of three of Milan's migrant groups, Filipinos, Egyptians and Ecuadorians. Bringing together data relating to the civic and political engagement of individual migrants, and of migrant organizational networks, the result is an examination of the consequences of the political exclusion of migrants, exploring the different ways in which they cope with this predicament. Such exclusion, the author argues, has three major impacts. It can transform migrant groups into political subcultures and engender externally-driven participation, but it can also lead to radicalization.
This book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott's Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina's Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.
This book locates the development of Dowa policy projects within their historical and political context, offering examples of human rights protection in a non-Western society. Charting Dowa policy from its origins in the pre-war period to its revival after 1945 up to the turn of the 21st century, chapters in this study provide a social and historical review supplemented by detailed analyses of policy process and implementation at both national and local levels. No previous publication on the 'Buraku Problem' has focused on the direct impact of Dowa policy in overcoming prejudice and economic inequalities. Topics covered range from left-wing Buraku Liberation League demands in the late 1950s, the Special Measures Law for Dowa Policy Projects (SML) in the 1960s, and the evolution of a human rights based Dowa policy into the 1970s, 1980s and 1990s. Through its evaluation of the relative successes and failures to improve local infrastructure and opportunities for marginal communities, this book invites comparative analysis with policies in other Asian and Western polities which seek to mitigate descent-based and racial discrimination. Dowa Policy and Japanese Politics will prove a valuable resource for students and scholars of international relations, human rights, politics, and Japanese studies.
Represents the first systematic attempt to understand the ritual of apology with an explicitly gendered theoretical toolkit. Provides a detailed comparative case study analysis of two politically important instances of apology for conflict-related sexual violence which took place in very different geographical, political and cultural contexts.
The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.
By exploring the "China factor" in the North Korean human rights debate, this book evaluates the advantages and disadvantages of applying the Chinese development-based approach to human rights in the Democratic People's Republic of Korea (DPRK). The contributors to this book treat the relevance of the Chinese experience to the DPRK seriously and evaluate how it might apply to easing North Korean human rights issues.They engage with the debate about the relevance of the developmental or development-based approach to North Korea. In doing so, they problematise, scrutinise and contextualise the development-based approach in Northeast Asia, including China, and examine different responses to the developmental approach and the influence of domestic politics on these responses. A valuable contribution to discussions on possible ways forward for human rights in North Korea and an insightful critique of the Northeast Asian development model more broadly.
This book challenges the dominant approach to problems of justice in global normative theory and offers a radical alternative designed to transform our thinking about what kind of problem injustice is, and how political theorists might do better in understanding and addressing it. Michael Goodhart argues that the dominant paradigm, ideal moral theory (IMT), takes a fundamentally wrong-headed approach to the problem of justice. IMT seeks to work out what an ideally just society would look like, and only then outlines our moral obligations in realizing that ideal. In other words, it ignores the realities of everyday politics. As Michael Goodhart asserts, IMT postpones engagement with actually existing injustices and distorts our understanding of them, and it normalizes many problematic features of our world. On the other hand, the leading alternatives to IMT struggle to make sense of the role values play in politics. This book sees justice as an ideology and develops an innovative bifocal theoretical framework for making sense of it. This framework provides two complementary perspectives on justice: a theoretical perspective that situates competing ideological claims about justice in a broader political context and a partisan perspective that evaluates the structure and coherence of particular conceptions of justice. As opposed to IMT, it focuses on barriers to justice and advocates an activist political theory that takes sides in political struggles against injustice. Goodhart argues that theorists can help to generate the countervailing power necessary for social transformation through the work of articulation, translation, and mapping, work which contributes to a more comprehensive social science of injustice. Ultimately, this book describes the work that political theory and political theorists can do to combat injustice and illustrates it through a novel reconceptualization of responsibility for injustice.
The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.
Copts and the Security State combines political, anthropological, and social history to analyze the practices of the Egyptian state and the political acts of the Egyptian Coptic minority. Laure Guirguis considers how the state, through its subjugation of Coptic citizens, reproduces a political order based on religious identity and difference. The leadership of the Coptic Church, in turn, has taken more political stances, thus foreclosing opportunities for secularization or common ground. In each instance, the underlying logics of authoritarianism and sectarianism articulate a fear of the Other, and, as Guirguis argues, are ultimately put to use to justify the expanding Egyptian security state. In outlining the development of the security state, Guirguis focuses on state discourses and practices, with particular emphasis on the period of Hosni Mubarak's rule, and shows the transformation of the Orthodox Coptic Church under the leadership of Pope Chenouda III. She also considers what could be done to counter the growing tensions and violence in Egypt. The 2011 Egyptian uprising constitutes the most radical recent attempt to subvert the predominant order. Still, the revolutionary discourses and practices have not yet brought forward a new system to counter the sectarian rhetoric, and the ongoing counter-revolution continues to repress political dissent.
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of 'old age' to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in 'old age' are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Is it desirable, or even necessary, to have distinct human rights for cultural identities? Do different conceptions of culture and identity, and their potential to frame human rights violations as culturally appropriate, complicate the question? How should a human right to collective identity be outlined? Claims to human rights as applying to a whole (ethnic, religious or cultural) group, instead of the individual, prove to be complex. This book reveals the pitfalls, benefits and demands that surround the debate for and against culture and identity in human rights. It connects a continuous and nuanced theoretical debate with highly topical empirical findings about collective rights for indigenous groups, which for centuries have been suppressed and marginalized and now stand at the forefront of (successfully) demanding a human right to their own culture and distinct identity. This book shows the ambivalences of those demands and discusses solutions so that human rights neither exclude marginalized cultural groups nor reproduce rigid distinctions between seemingly exclusive cultures.
This book asks whether sovereignty can guarantee international equality by exploring the discourses of sovereignty and their reliance on the notions of civilisation and savagery in two historical colonial encounters: the French explorations of Canada in the 16th century and the domestic troubles linked to the Wars of Religion. Presenting the concept of 'civilised sovereignty', Mathieu reveals the interplay between the domestic and external claims to sovereignty, and offers a dynamic analysis of the theory and practice of the concept. Based on extensive archival research, this book provides an in-depth intellectual picture of the theory and practice of sovereignty in early modern France by focusing on the discourses deployed by French political theorists. Mathieu applies performativity in order to denaturalise these discourses of statehood and reveals how the domestic and international constructions of sovereignty feed into one another and equally rely on appeals to civilisation and savagery. Overall, the book questions the 'myth of sovereignty as equality' and reflects on the persistence of this association despite the overwhelming empirical evidence that it institutes international hierarchies and inequalities. Representing a major intervention in the existing IR debates about sovereignty, this book will be a valuable resource for researchers working on issues of sovereignty and equality in IR.
The persecution of the Yezidis, a religious community originating in Upper Mesopotamia, has been ongoing since at least the 10th century. On 3 August 2014, Islamic State attacked the Yezidi community in Sinjar, Kurdistan. Thousands were enslaved or killed in this genocide, and 100,000 people fled to Mount Sinjar, permanently exiled from their homes. Here, Thomas Schmidinger talks to the Yezidis in Iraq who tell the history of their people, why the genocide happened and how it affects their lives today. This is the first full account of these events, as told by the Yezidis in their own words, to be published in English. The failure of the Kurdistan Peshmerga of the PDK in Iraq to protect the Yezidis is explored, as is the crucial support given by the Syrian-Kurdish YPG. This multi-faceted and important history brings the fight and trauma of the Yezidis back into focus, calling for the world to remember their struggle.
Connecting three generations of critical theorists, this edited collection focuses on the mutual complementarity between the concept of "human dignity" and the theory and practice of human rights. Human dignity has recently emerged as a controversial theme in the philosophy of human rights and has become the subject of a growing debate involving theological, political, juridical, moral, and biomedical perspectives. Previously, interpretations of this concept took for granted specific definitions of this term without accounting for the perspective offered by a "Critical Theory of Human Rights." This interdisciplinary perspective relies on a tradition that goes from Immanuel Kant to Jurgen Habermas, influences new generations, and sheds more light on how human dignity is used (and abused) in contemporary discourses. Based on this tradition, the contributors sustain an engaged discussion of the topic and address issues such as domination, colonialism, multiculturalism, globalization, and cosmopolitanism. Informed by different contexts, each author offers a unique contribution to distinctive aspects of the necessary internal correlation between human dignity and human rights. This book will be of interest to students and researchers in human rights in Europe, North America, and Latin America and readers in the areas of political science, philosophy, sociology, law, and international relations.
This book provides a critical history of influential women in the United Nations and seeks to inspire empowerment with role models from bygone eras. The women whose voices this book presents helped shape UN conventions, declarations, and policies with relevance to the international human rights of women throughout the world today. From the founding of the UN up until the Latin American feminist movements that pushed for gender equality in the UN Charter, and the Security Council Resolutions on the role of women in peace and conflict, the volume reflects on how women delegates from different parts of the world have negotiated and disagreed on human rights issues related to gender within the UN throughout time. In doing so it sheds new light on how these hidden historical narratives enrich theoretical studies in international relations and global agency today. In view of contemporary feminist and postmodern critiques of the origin of human rights, uncovering women's history of the United Nations from both Southern and Western perspectives allows us to consider questions of feminism and agency in international relations afresh. With contributions from leading scholars and practitioners of law, diplomacy, history, and development studies, and brought together by a theoretical commentary by the Editors, Women and the UN will appeal to anyone whose research covers human rights, gender equality, international development, or the history of civil society. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003036708, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
The central claim developed in this book is that disciplinary International Relations (IR) is identifiable as both an advanced colonial practice and a postcolonial subject. The starting problematic here issues from disciplinary IR's relative dearth of attention to indigenous peoples, their knowledges, and the distinctive ways of knowing that underwrite them. The book begins by exploring how IR has internalized many of the enabling narratives of colonialism in the Americas, evinced most tellingly in its failure to take notice of indigenous peoples. More fundamentally, IR is read as a conduit for what the author terms the 'hegemonologue' of the dominating society: a knowing hegemonic Western voice that, owing to its universalist pretensions, speaks its knowledge to the exclusion of all others. |
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