This book defends the thesis that Kant's normative ethics and his practical ethics of sex and marriage can be valuable resources for people engaged in the contemporary debate over same-sex marriage. It does so by first developing a reading of Kant's normative ethics that explains the way in which Kant's notions of human moral imperfection unsocial sociability inform his ethical thinking. The book then offers a systematic treatment of Kant's views of sex and marriage, arguing that Kant's views are more defensible than some of his critics have made them out to be. Drawing on Kant's account of marriage and his conception of moral friendship, the book argues that Kant's ethics can be used to develop a defense of same-sex marriage.

In September 1993 a unique dialogue took place. Humanists from around the country gathered in Salt Lake City, Utah, to exchange ideas with Mormons on the topics of feminism, freedom of conscience, academic freedom in Mormon universities, and clashes between "dissident intellectuals" and Mormon church authorities. Of particular concern in the discussion was the recent excommunication of members of the Mormon church and the departure of two professors from Brigham Young University for allegedly expressing ideas at variance with church teachings. Ironically, despite such conflicts, Mormons officially and individually endorse freedom of conscience; the dignity of the human right to exercise free agency is a principle rooted in the Mormon as well as the humanist tradition. On this basis for mutual understanding, the dialogue between the two diverse cultures of Mormonism and humanism proceeded. George D. Smith has collected twelve essays, all but one of which were presented at the Utah conference, for this thought-provoking volume. Among the subjects covered are ecclesiastical abuse and the excommunicated "September Six", academic freedom at Brigham Young University, the politics of exclusivity, and free inquiry in a religious context. Paul Kurtz, editor of Free Inquiry, introduces the discussion with an overview of "Humanism and the Idea of Freedom". The volume concludes with a 1939 essay by noted American journalist Walter Lippmann entitled "The Indispensable Opposition".

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Black conservatism is no oxymoron. Recent polls have indicated that an increasing number of black Americans identified themselves as conservatives, favoring smaller government, lower taxes, tougher crime laws, welfare reform, and personal initiative. While applauding the moral and legal victories of the Civil Rights Movement, the conservative spokespeople in this dynamic new collection reject the claims of inequities and what they consider to be the self-serving agenda of the present civil rights establishment. National leaders such as Justice Clarence Thomas and former Representative Gary Franks and writers such as Shelby Steele and Glenn Loury appear either as contributors or as subjects in this volume. They emphasize the grassroots aspects of black conservatism with a reliance on common sense and common humanity. The strength of the black conservative voice lies in the growth of its numbers and social influence. As more African-Americans shift to the right and embrace conservative ideology, they are signalling what may be one of the most politically significant trends in American public life as the 20th century draws to a close. This provocative collection of essays shatters the myth that black Americans are uniformly left of center and that conservatism is an ideology with a white face. Unique in its personal and political portrait of black conservatives in America, this book shows the remarkable diversity of ideas from one of the most talked-about political movements to emerge in recent years.

It is an undeniable fact that corporations participate in human rights abuses throughout the world. Yet there is disagreement among scholars, politicians and business actors about the best approaches to preventing and responding to those abuses and whether it would be feasible to adopt a treaty on the matter.This book explores the potential adoption of a treaty on business and human rights, first proposed by Ecuador and South Africa. Would such a treaty be practicable and what should its content be - should it regulate direct corporate obligations or extraterritorial obligations? How can experiences of other international legal regimes and developments in regional systems inform the global debate on business and human rights?The Future of Business and Human Rights informs the reader - academics, practitioners and policy makers - about the current debate that is at centre of legal and diplomatic discussion.

Cosmopolitanism, as an intellectual and political project, has failed. The portrayal of human rights, especially European, as evidence of cosmopolitanism in practice is misguided. Cosmopolitan theorists point to the rise of claims-making to the European Court of Human Rights (ECtHR) among Europe's Muslims to protect their right to religious freedom, mainly concerning the hijab, as evidence of cosmopolitan justice. However, the outcomes of such claims-making show that far from signifying a cosmopolitan moment, European human rights law has failed Europe's Muslims. Human Rights, Islam and the Failure of Cosmopolitanism provides an empirical examination of claims-making and government policy in Western Europe focusing mainly on developments in the UK, Germany, France, Italy and the Netherlands. A consideration of public debates and European law of conduct in the public sphere shows that cosmopolitan optimism has misjudged the magnitude of the impact claims-making among Europe's Muslims. To overcome this cul-de-sac, European Muslims should turn to a new 'politics of rights' to pursue their right to religious expression. This book is a theoretically challenging re-evaluation of cosmopolitan arguments through a rigorous discussion of rights-making claims by Europe's Muslims to the European Court of Human Rights. It combines sociological and legal case analysis which advances understanding of one of the most pressing topical issues of the day.

During the transition to democracy, states have used various mechanisms to address previous human rights abuses including domestic trials, truth and reconciliation commissions and internationalized tribunals. This volume analyzes the transitional justice choices made by four countries: Argentina, Bosnia-Herzegovina (BiH), Sierra Leone and East Timor. For each country, there is a chapter which provides a historical overview concerning the causes of the conflict and two subsequent chapters which highlight a different method of transitional justice implemented. The volume highlights the opportunities and the constraints faced by states and the international community to provide accountability for human rights violations.

This exemplary contribution to the literature on ethnic studies examines the issues surrounding Mexican-American political empowerment in the United States. The chapters, originally contributions to a symposium at the University of Texas in El Paso, are uniformly engaging, rigorous in their analysis, and richly suggestive in their conclusions. This exceptionally fine collection discusses the political history of Mexican-Americans, the role of their interest groups, educational models, local bureaucracies, and electoral strategies. Noteworthy are the barriers to Chicano authority found in Los Angeles and Texas. Strongly recommended. Library Journal This timely book is among the first to be published that directly addresses the political empowerment of Hispanics. The contributors concern themselves not only with the progress and problems of political empowerment, but also with the prospects of future empowerment--the political strategies and agendas for the next decade. Conducted by a group of scholars well known for their research on Chicano politics, the studies suggest that while substantial progress has been made in opening political doors to Mexican Americans, most of their political potential has yet to be realized. The volume begins with an overview of the history of Mexican-American political empowerment from 1850 to the present. Institutional, procedural, and ideological barriers to success in American politics for Mexican- Americans are reviewed. An examination of two major politics for paradigms for educational achievement reflect different views on educational success and failure. The bureaucracy of local government and its sensitivity in increasing political representation in Los Angeles, the development of political organization and leadership, and future legal issues are covered. In the conclusion, the various perspectives of the contributors are synthesized to point the way to the next level of Mexican-American empowerment, and ultimately, to a general theory of political integration.

This book explores two main themes. First, the claim that these welfare, education, health and equality can be accorded the status of rights. Second, and relatedly, the issue of whether they are justiciable, that is, can they be the subject of adjudication and enforcement through traditional legal mechanisms? This book provides a timely and wide-ranging exploration of these topical and controversial issues.

Harcum maintains that the proper assumptions about human nature are established by their relative utility in solving existing human problems. In order to facilitate solutions to familiar problems of daily living, the author advocates a definition of the science of psychology that includes the concepts of human freedom and intrinsic dignity. The author emphasizes the importance of the free will concept to behavioral scientists and practitioners as well as to citizens of the general population who, perhaps without realizing it, are forced users of behavioral science. The author's intention is to show that our cherished beliefs in the concepts of freedom and dignity are consistent with scientific principles and thus will become a vital part of a scientifically designed culture.

During the last 15 years Latin American governments reformed their constitutions to recognize indigenous rights. The contributors to this book argue that these changes pose fundamental challenges to accepted notions of democracy, citizenship, and development in the region. Using case studies from Mexico, Guatemala, Bolivia, and Peru, they analyze the ways in which new legal frameworks have been implemented, appropriated and contested within a wider context of accelerating economic and legal globalization, highlighting the key implications for social policy, human rights, and social justice.

The war on drugs is a war on ordinary people. Using that premise, historian Richard Lawrence Miller analyzes America's drug war with passion seldom encountered in scholarly writing. Miller presents numerous examples of drug law enforcement gone amok, as police and courts threaten the happiness, property, and even lives of victims-some of whom are never charged with a drug crime, let alone convicted of one. Miller not only argues that criminal justice zealots are harming the democracy they are sworn to protect, but that authoritarians unfriendly to democracy are stoking public fear in order to convince citizens to relinquish traditional legal rights. Those are the very rights that thwart implementation of an agenda of social control through government power. Miller contends that an imaginary drug crisis has been manufactured by authoritarians in order to mask their war on democracy. He not only examines numerous civil rights sacrificed in the name of drugs, but demonstrates how their loss harms ordinary Americans in their everyday lives. Showing how the war on drug users fits into a destruction process that can lead to mass murder, Miller calls for an end to the war before it proceeds deeper into the destruction process. This is a book for anyone who wonders about the value of civil liberties, and for anyone who wonders why people seek to destroy their neighbors. Using voluminous examples of drug law enforcement victimizing blameless people, this book demonstrates how the loss of civil liberties in the name of drugs threatens law-abiding Americans at work and at home.

Evaluates the nature of the international governance of minority rights in the context of the enlargement of the European Union. This book examines the origin and development of the European Minority Rights Regime paying particular attention to the institutions, policies and actions of European organisations.

During the 1970s human rights took the front stage in international relations; fuelling political debates, social activism and a reconceptualising of both East-West and North-South relations. Nowhere was the debate on human rights more intense than in Western Europe, where human rights discourses intertwined the Cold War and the European Convention on Human Rights, the legacies of European empires, and the construction of national welfare systems. Over time, the European Community (EC) began incorporating human rights into its international activity, with the ambitious political will to prove that the Community was a global “civilian power.” This book brings together the growing scholarship on human rights during the 1970s, the history of European integration and the study of Western European supranational cooperation. Examining the role of human rights in EC activities in Latin America, Africa, the Mediterranean, Eastern Europe and the Soviet Union, The Human Rights Breakthrough of the 1970s seeks to verify whether a specifically European approach to human rights existed, and asks whether there was a distinctive ‘European voice’ in the human rights surge of the 1970s.

This book explores situations in which public opinion presents itself as an obstacle to the protection and promotion of human rights. Taking an international law perspective, it primarily deals with two questions: first, whether international law requires States to take an independent stance on human rights issues; second, whether international law encourages States to inform and mobilise public opinion with regard to core human rights standards. The discussion is mainly organised within the framework of the UN system. The work is particularly relevant to situations in which public opinion appears as discriminatory attitudes based on race, gender, age, health, sexual orientation and other factors. It is also pertinent to circumstances in which public opinion is responsible for the existence of certain harmful customs and practices such as female genital mutilation and capital punishment. Noting that the death penalty is increasingly recognised as an infringement of human rights, this study further challenges States' argument that capital punishment cannot be abolished because of public opinion. The book also discusses the role that education bears under international law in moulding favourable attitudes towards human rights. Finally, the book challenges States' acceptance that public opinion cannot be confronted in this respect.

"Given Bunche's eventual rise to prominence as a black leader, and the criticism his integrationist politics engendered from black nationalists, it is particularly revealing to read this early work."--"Booklist"

"A timely and penetrating appreciation of Ralph Bunche's benchmark study of the African American leadership class in the early decades of the last century."
--David Levering Lewis, Julius Silver University Professor and Professor of History, NYU

"Jonathan Holloway has performed a wonderful service in editing and introducing Bunche's "A Brief and Tentative Analysis of Negro Leadership," For scholars and teachers in the field it has long been a source of frustration that this material has not been available. Bunche's insights and interpretations provide an important perspective on a key moment in the shaping of modern black American politics, and Holloway's introduction very usefully situates Bunche and his analysis in the context of the time."
--Adolph Reed, Professor of Political Science at the University of Pennsylvania and author of "W.E.B. Du Bois and American Political Thought: Fabianism and the Color Line"

"Ralph Bunche's stature as one of the key African American intellectuals of the twentieth-century continues to grow. Jonathan Holloway has done a great service by bringing Bunche's unpublished work on leadership to light. Skillfully guiding the reader, Holloway's introduction and editorial notes provide a perfect balance of information and interpretation, adding much to our understanding of this important and yet often neglected figure."
--Nikhil Pal Singh, author of "Black is a Country: Race and the Unfinished Struggle for Democracy"
"Thiswork is a welcome addition to African American studies as well as to social and cultural history."
--"CHOICE"

"Provides key insight into Black leadership at the dawn of the modern Civil Rights Movement, and forces a reconsideration of Bunche's legacy as a reformer and the historical meaning of his early involvement in the Civil Rights Movement."--"Ebony"

A world-renowned scholar and statesman, Dr. Ralph J. Bunche (1903-1971) began his career as an educator and a political scientist, and later joined the United Nations, serving as Undersecretary General for seventeen of his twenty-five years with that body. This African American mediator was the first person of color anywhere in the world to be awarded the Nobel Prize for Peace. In the mid-1930s, Bunche played a key role in organizing the National Negro Congress, a popular front-styled group dedicated to progressive politics and labor and civil rights reform.

A Brief and Tentative Analysis of Negro Leadership provides key insight into black leadership at the dawn of the modern civil rights movement. Originally prepared for the Carnegie Foundation study, An American Dilemma: The Negro Problem and Modern Democracy, Bunche's research on the topic was completed in 1940. This never-before-published work now includes an extended scholarly introduction as well as contextual comments throughout by Jonathan Scott Holloway.

Despite the fact that Malcolm X called Bunche a "black man who didn't know his history," Bunche never wavered from his faith that integrationist politics paved the way for racial progress. This new volume forces a reconsideration of Bunche's legacy as a reformer and the historical meaning of his early involvementin the civil rights movement.

This book provides a unique perspective, at once scholarly and fully engaged, on the political violence in South Africa during 'The Time of the Comrades' in the mid-1980s. The work of a group of social scientists and professionals, whose own work and thinking have been profoundly affected by the political crisis of that time, it provides an in-depth research and analysis as well as critical reflections on the difficult political and theoretical issues raised by political violence and the struggle in South Africa.

This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's direct relationship with the American liberal state. John P. Anderson defends John Rawl's pragmatism; Adelaide Villmoare and Peter Stillman consider the 'Janus faces of law', a double vision of law where both sides of the face adhere to one another through neoliberalism; and Timothy Delaune examines jury nullification. The remaining chapters then go on to consider specific applications of the law within society. Susan Burgess provides a critical account of what implications the inclusion of gays in the US military has for understanding the means by which the liberal state uses law to include the previously excluded. Daniel Skinner then problematizes the body politics of American liberalism, as viewed through the lens of health policy and the final chapter from Beau Breslin and Katherine Cavanaugh explores how various legal and judicial policies have highlighted the clash between the state's imperial authority and Native American narratives.

Memorialised as a US heroine and an iconoclastic humanitarian who sought to protect society's marginalised, Eleanor Roosevelt also, at times, disappointed contemporaries and biographers with some of her stances. Examining a period of her life that has not been extensively explored, this book challenges the previously held universality of Eleanor Roosevelt's humanitarianism. The Palestinian question is used as a case study to explore the practical application of her commitment to social justice, and the author argues that, at times, Roosevelt's humanitarianism was illogical, limited and flawed by pragmatism. New insights are provided into Eleanor Roosevelt's human rights activism - its dichotomies, its inspiration, and the effect it had on US relations with the Middle East. This book will appeal to academics working across a range of disciplines including history, diplomatic history, American studies, Middle Eastern studies, US foreign policy, human rights and women's studies.

This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law - "mercenary", "combatant" or "civilian" - be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

This is a study of the American civil rights movement that captures the drama of the black freedom struggle from the mid-1950s to the late 1960s. It shows how King's leadership inspired masses to protest nonviolently making great strides toward resolving the American dilemma - the conflict between the nation's democratic creed and its practice of denying freedom and equality to black citizens. The author traces the course of events from the emergence of Martin Luther King Jr as a national black spokesman during the Montgomery bus boycott to his radical critique of American society and foreign policy during the last years of his life. He also provides the first in-depth analysis of King's famous "Letter from Birmingham Jail";Dr Colaiaco discusses how King's masterful use of the media drew national attention to nonviolent protests, exposing the brutality of racism, stirring the consciences of millions and compelling the Federal government to protect the constitutional rights of black Americans. He also offers an analysis of the paradox inherent in the nonviolent method - that peaceful civil rights protestors were most successful when they provoked a violent response from white racist

Sociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution.

This book demonstrates how human rights instruments and values have brought different movements together in the struggle against free trade under the banners of state duty and law enforcement with their underlying principles of equality and human dignity. Special emphasis is placed on how subjectivities influence identification with certain values and legal or political strategies. Furthermore, by focusing on the understanding of human rights by social agents the book also shows that specific human rights have more political potential for certain types of subjects in the struggle against free trade than others, such as the right to development, the rights of women and the right to food. This analysis is conducted with a specifically Latin American theorization of human rights that challenges both Eurocentric scholarly works on the issue and the arguments of European activists directed at the allegedly Western authorship of human rights discourses.

The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.

Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just and temperate way. This applies to citizens, to companies such as Apple, Google and Facebook and to governmental organizations that are involved with large scale data processing alike. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality and individual freedom are promoted.