"Tsesis lays out theoretical foundations that he argues should be intrinsic to a representative democracy . . . an important contribution to the literature about civil liberties and human rights."
--"Choice"

"The genuine accomplishment of Tsesis's book...is to focus the hate speech debate on explicitly normative issues."
--"Michigan Law Review"

"[A] comprehensive and brilliant book from both a historical and analytical perspective. Drawing from the lessons of history, Alexander Tsesis shows persuasively the relevance of the Thirteenth Amendment to a wide range of the social and economic issues currently facing America, and he offers highly creative arguments that support the use of congressional power under the Thirteenth Amendment as a potent and effective means of meeting and resolving these issues."
--G. Sidney Buchanan, Baker & Botts Chaired Professor of Law, University of Houston Law Center

"Tsesis vigorously presents a set of arguments that are rarely found in the conventional legal literature. . . . An interesting and challenging book."
--Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law and Professor of Government, University of Texas at Austin School of Law

In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens.

The story of howSupreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides valuable insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.

This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Dispelling the myth that women became involved in partisan politics only after they obtained the vote, this study uses contemporary newspaper sources to show that women were active in the party struggle long before 1920. Although their role was initially limited to attending rallies and hosting picnics, they gradually began to use their pens and voices to support party tickets. By the late 19th century, women spoke at party functions and organized all-female groups to help canvass neighborhoods and get out the vote. In the early suffrage states of the West, they voted in increasing numbers and even held a few offices. Women were particularly active, this book shows, in the minor reformist parties--Populist, Prohibitionist, Socialist, and Progressive--but eventually came to play a role in the major parties as well. Prominent suffrage leaders, such as Elizabeth Cady Stanton and Susan B. Anthony, entered the partisan arena in order to promote their cause. By the time the suffrage amendment was ratified, women were deeply involved in the mainstream political process.

Cleary examines the origins, spread, and results of human rights movements in Latin America, and he analyzes the mark such movements have made in world politics. He shows the enormous difficulties encountered by fledgling grassroots groups which first challenged military dictatorships over the disappeared, detention, torture, and pervasive repression. He chronicles the amazingly dynamic growth of human rights organizations, affecting democratic processes in Latin America and foreign policy in the United States. This book is particularly important because it establishes, for the first time, a record of why, how, where, and when the concept of human rights-not long ago absent as a practical concept-generates so powerful a Latin American response. The alliances so formed are shown to evoke continued popular support and to effect on-going fundamental changes in Latin America. An important survey to all scholars, researchers, and students of human rights and political affairs in Latin America.

Apartheid and its resistance come to life in this memoir making it a vital historical document of its time and for our own. In 1969, while a student in South Africa, John Schlapobersky was arrested for opposing apartheid and tortured, detained and eventually deported. Interrogated through sleep deprivation, he later wrote secretly in solitary confinement about the struggle for survival. Those writings inform this exquisitely written book in which the author reflects on the singing of the condemned prisoners, the poetry, songs and texts that saw him through his ordeal, and its impact. This sense of hope through which he transformed his life guides his continuing work as a psychotherapist and his focus on the rehabilitation of others. "[T]hetale of an ordinary young man swept one day from his life into hell, testimony to the wickedness a political system let loose in its agents and, above all, an intimate account of how a man became a healer."-Jonny Steinberg, Oxford University From the introduction: I was supposed to be a man by the time I turned 21, by anyone's reckoning. By the apartheid regime's reckoning, I was also old enough to be tortured. Looking back, I can recognize the boy I was. The eldest of my grandchildren is now approaching this age, and I would never want to see her or the others - or indeed anyone else - having to face any such ordeal. At the time my home was in Johannesburg, only some thirty miles from Pretoria, where I was thrown into a world that few would believe existed, populated by creatures from the darkest places, creatures of the night, some in uniform. I was there for fifty-five days, and never went home again.

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.

We are now entering an era where the human world assumes recognition of itself as data. Much of humanity's basis for existence is becoming subordinate to software processes that tabulate, index, and sort the relations that comprise what we perceive as reality. The acceleration of data collection threatens to relinquish ephemeral modes of representation to ceaseless processes of computation. This situation compels the human world to form relations with non-human agencies, to establish exchanges with software processes in order to allow a profound upgrade of our own ontological understanding. By mediating with a higher intelligence, we may be able to rediscover the inner logic of the age of intelligent machines. In The End of the Future, Stephanie Polsky conceives an understanding of the digital through its dynamic intersection with the advent and development of the nation-state, race, colonization, navigational warfare, mercantilism, and capitalism, and the mathematical sciences over the past five centuries, the era during which the world became "modern." The book animates the twenty-first century as an era in which the screen has split off from itself and proliferated onto multiple surfaces, allowing an inverted image of totalitarianism to flash up and be altered to support our present condition of binary apperception. It progresses through a recognition of atomized political power, whose authority lies in the control not of the means of production, but of information, and in which digital media now serves to legitimize and promote a customized micropolitics of identity management. On this new apostolate plane, humanity may be able to shape a new world in which each human soul is captured and reproduced as an autonomous individual bearing affects and identities. The digital infrastructure of the twenty-first century makes it possible for power to operate through an esoteric mathematical means, and for factual material to be manipulated in the interest of advancing the means of control. This volume travels a course from Elizabethan England, to North American slavery, through cybernetic Social Engineering, Cold War counterinsurgency, and the (neo)libertarianism of Silicon Valley in order to arrive at a place where an organizing intelligence that started from an ambition to resourcefully manipulate physical bodies has ended with their profound neutralization.

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American society. Otten provides students with a knowledge base from which to address questions such as: Does the Constitution really protect women? Despite gains in status and legal protection, has the position of women in society really improved? What is the ultimate status of women as defined by U.S. law? Do the decisions of the Supreme Court reflect a consistency in the Court's thinking regarding women and their rightful place in society? When addressing issues related to women's rights, have the Justices of the Court engaged in social activism or simple judicial interpretation? Throughout, the author emphasizes that women's struggle for self-determination and equality is also that of men's.

As apartheid's crisis has deepened, so interest in South Africa's past, present and future has increased. With this, scholarly and popular writing on the country has proliferated. This 1100-entry bibliography guides the scholar or interested layman through the relevant literature on South Africa and the policy of apartheid. Its cumulative impact is how racial domination pereates all aspects of modern South African society. Brief informative annotations facilitate choice, and the extensive subject and author indexes provide quick access.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

In a troubled world where millions die at the hands of their own governments and societies, some states risk their citizens' lives, considerable portions of their national budgets, and repercussions from opposing states to protect helpless foreigners. Dozens of Canadian peacekeepers have died in Afghanistan defending humanitarian reconstruction in a shattered faraway land with no ties to their own. Each year, Sweden contributes over $3 billion to aid the world's poorest citizens and struggling democracies, asking nothing in return. And, a generation ago, Costa Rica defied U.S. power to broker a peace accord that ended civil wars in three neighboring countries--and has now joined with principled peers like South Africa to support the United Nations' International Criminal Court, despite U.S. pressure and aid cuts. Hundreds of thousands of refugees are alive today because they have been sheltered by one of these nations.
Global Good Samaritans looks at the reasons why and how some states promote human rights internationally, arguing that humanitarian internationalism is more than episodic altruism--it is a pattern of persistent principled politics. Human rights as a principled foreign policy defies the realist prediction of untrammeled pursuit of national interest, and suggests the utility of constructivist approaches that investigate the role of ideas, identities, and influences on state action. Brysk shows how a diverse set of democratic middle powers, inspired by visionary leaders and strong civil societies, came to see the linkage between their long-term interest and the common good. She concludes that state promotion of global human rights may be an option for many more membersof the international community and that the international human rights regime can be strengthened at the interstate level, alongside social movement campaigns and the struggle for the democratization of global governance.

This book examines EU Eastern Partnership taking into account geopolitical challenges of EU integration. It highlights reasons for limited success, such as systematic conflict of EU External Action. In addition, the book analyses country-specific issues and discusses EaP influence on them, investigating political, economic and social factors, while seeking for potential solutions to existing problems. The reluctance of the Eastern countries to the European reforms should not reduce political pro-activeness of the EU. The authors suggest that EaP strategies should be reviewed to be more reciprocal and not based solely on the EU-laden agenda. This book is one of the good examples of cooperation between scholars not only from EaP and EU countries, but also from different disciplines, bringing diversity to the discussion process.

This book examines the gender context of HIV and critiques the global policy response. Anderson contributes to the feminist task of de-invisibilising gender as structural violence and identifies how gendered power structures are responded to at the local level in Malawi.

La presente obra pretende mostrar c mo la revoluci n biol gica tuvo su impacto en el rea del derecho, en diversas formas, tanto en el derecho penal como en el civil, en los seguros, etc. Se abordan, por un lado, los aspectos con los cuales la gen mica puede presentar relevancia en el mbito jur dico. Se analizan los origines del Proyecto Genoma Humano y c mo de ser un proyecto que pretend a el avance de la ciencia, degener en una mera especulaci n comercial. Por otro lado, se observa el papel que tienen los diferentes instrumentos internacionales que se han elaborado con relaci n al tema gen mico y c mo los mismos son dirigidos a pa ses en v as de desarrollo, pudi ndose observar c mo a trav?'s de la sugerencia de diversos principios, actualizados en nuestra obra hasta el a o 2007, se pretende guiar a los pa ses referidos, con lo cual se lleva a cabo una comparaci n entre dichos principios y diversas legislaciones tanto latinoamericanas como europeas, para saber si el ansiado deseo de unificar leyes se cumple, porqu unos s son obedientes y porqu otros pa ses refractarios legislan en contra de los principios mundialmente aceptados. Finalmente, se propone un modelo argumentativo basado en los resultados de la investigaci n del genoma humano.

The twentieth century has been described as the bloodiest in human history, but it was also the century in which people around the world embraced ideas of democracy and human rights as never before. They constructed social, political and legal institutions seeking to contain human behaviour, ensuring that by the turn of the twenty- first century more countries were democratic than non-democratic and the protection of human rights had been extended far beyond the expectations of the creators of the Universal Declaration of Human Rights. Todd Landman offers an optimistic, yet cautionary tale of these developments, drawing on the literature from politics, international relations and international law. He celebrates the global turn from tyranny and violence towards democracy and rights but he also warns of the precariousness of these achievements in the face of democratic setbacks and the undermining of rights commitments by many countries during the controversial "War on Terror."

Based upon consideration of United Nation missions to the Congo (1960-64), Somalia (1992-95), and the former Yugoslavia (1992-95) and examination of counterinsurgency campaigns, Mockaitis develops a new model for intervening in intrastate conflicts and commends the British approach to civil strife as the basis for a new approach to peace operations. Both contemporary and historic examples demonstrate that military intervention to end civil conflict differs radically from traditional peacekeeping. Ending a civil war requires the selective and limited use of force to stop the fighting, safeguard humanitarian aid work, and restore law and order. Since intrastate conflict resembles insurgency far more than it does any other type of war, counterinsurgency principles should form the basis of a new intervention model.

A comprehensive approach to resolve intrastate conflict requires that peace forces, NGOs, and local authorities cooperate in rebuilding a war-torn country. Only the British have enjoyed much success in counterinsurgency campaigns. Starting from the three broad principles of minimum force, civil-military cooperation, and flexibility, the British approach in responding to insurgency has combined the limited use of force with political and civil development. Carefully considered and correctly applied, these principles could produce a more effective model for peace operations to end intrastate conflict.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

Based on extensive field research, the essays in this volume illuminate the experiences of migrants from their own point of view, providing a critical understanding of the complex social reality in which each experience is grounded. Access to medical care for migrants is a fundamental right which is often ignored. The book provides a critical understanding of the social reality in which social inequalities are grounded and offers the opportunity to show that right to health does not correspond uniquely with access to healthcare.

The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy.
This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other new technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies.

From consumer boycotts and buycotts to social movement campaigns, examples of individual and collective actors forging political struggles on markets are manifold. The clothing market has been a privileged site for such contention, with global clothing brands and retailers being targets of consumer mobilization for the past 20 years. Labels and product lines now attest for the ethical quality of clothes, which has, in turn, given rise to ethical fashion. The Fight for Ethical Fashion unveils the actors and processes that have driven this market transformation through a detailed study of the Europe-wide coordinated campaign on workers' rights in the global textile industry - the Clean Clothes Campaign. Drawing on insights from qualitative fieldwork using a wide range of empirical sources, Philip Balsiger traces the emergence of this campaign back to the rise of 'consumer campaigns' and shows how tactics were adapted to market contexts in order to have retailers adopt and monitor codes of conduct. By comparing the interactions between campaigners and their corporate targets in Switzerland and France (two countries with a very different history of consumer mobilization for political issues), this ground-breaking book also reveals how one campaign can provoke contrasting reactions and forms of market change.

As a child growing up in Cambodia, Ronnie Yimsut played among the ruins of the Angkor Wat temples, surrounded by a close-knit community. As the Khmer Rouge gained power and began its genocidal reign of terror, his life became a nightmare. Teenaged Ronnie was left orphaned, literally buried under the bodies of his family and friends. In this stunning memoir, Yimsut describes how, in the wake of death and destruction, he decides to live. Escaping the turmoil of Cambodia, he makes a perilous journey through the jungle into Thailand, only to be sent to a notorious Thai prison. Fortunately, he is able to reach a refugee camp and ultimately migrate to the United States, another frightening journey to the unknown. Yet he prevailed, attending the University of Oregon and becoming an influential leader in the community of Cambodian immigrants. Facing the Khmer Rouge shows Ronnie Yimsut's personal quest to rehabilitate himself, make a new life in America, and then return to Cambodia to help rebuild the land of his birth.

This collection of essays on the current human rights climate in 19 countries includes Canada, Chile, China, Cuba, Israel, Poland, the USA, and USSR, and represents a variety of regimes, cultural traditions, and geographical areas. . . . For analysis of the facts this volume excels. A well-crafted introduction describes current debate about human rights theory and practice, traces the development of human rights instruments, and discusses problems of implementation. Strongly recommended.

"Library Journal"

The bulk of the scholarly literature on human rights deals with international law and politics. In contrast, this volume offers nineteen case studies of national human rights practices. Although international factors cannot be ignored, most human rights violations are perpetrated by states against their own citizens; the principal causes of the respect for and violation of human rights lie in national social and political structures.