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.

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.

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

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.

This book is a conscious effort to explore the dimensions of King's cultural legacy, and aspires to demonstrate how King's vision gradually transcended southern particularism to assume national and international implications.

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.

The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.

As we move further into the 21st century, it is incumbent upon lawyers and law students to understand and manage the complexities of sustainable development. International Development Law: Rule of Law, Human Rights, and Global Finance offers a coherent and systematic overview of the many issues and underlying trends that affect 'international development law' and the underlying legal architecture between developing countries and advanced nations. Professor Sarkar describes how international development works, its shortcomings, its theoretical and practical foundations, along with the prescriptions for the future. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global policy issues.

The issue of 'reverse discrimination' is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a 'purely internal situation' is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination. Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the 'purely internal situation' doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU.To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

This book contributes to an increasingly important branch of critical security studies that combines insights from critical geopolitics and postcolonial critique by making an argument about the geographies of violence and their differential impact in contemporary security practices, including but not limited to military intervention. The book explores military intervention in Libya through the categories of space and time, to provide a robust ethico-political critique of the intervention. Much of the mainstream international relations scholarship on humanitarian intervention frames the ethical, moral and legal debate over intervention in terms of a binary, between human rights and state sovereignty. In response, O'Sullivan questions the ways in which military violence was produced as a rational and reasonable response to the crisis in Libya, outlining and destabilising this false binary between the human and the state. The book offers methodological tools for questioning the violent institutions at the heart of humanitarian intervention and asking how intervention has been produced as a rational response to crisis. Contributing to the ongoing academic conversation in the critical literature on spatiality, militarism and resistance, the book draws upon postcolonial and poststructural approaches to critical security studies, and will be of great interest to scholars and graduates of critical security studies and international relations.

Effective peace agreements are rarely accomplished by idealists. The process of moving from situations of entrenched oppression, armed conflict, open warfare, and mass atrocities toward peace and reconciliation requires a series of small steps and compromises to open the way for the kind of dialogue and negotiation that make political stability, the beginning of democracy, and the rule of law a possibility.

For over forty years, Charles Villa-Vicencio has been on the front lines of Africa's battle for racial equality. In "Walk with Us and Listen," he argues that reconciliation needs honest talk to promote trust building and enable former enemies and adversaries to explore joint solutions to the cause of their conflicts. He offers a critical assessment of the South African experiment in transitional justice as captured in the Truth and Reconciliation Commission and considers the influence of "ubuntu," in which individuals are defined by their relationships, and other traditional African models of reconciliation. Political reconciliation is offered as a cautious model against which transitional politics needs to be measured. Villa-Vicencio challenges those who stress the obligation to prosecute those allegedly guilty of gross violation of human rights, replacing this call with the need for more complementarity between the International Criminal Court and African mechanisms to achieve the greater goals of justice and peace building.

The complex history and politics of South Africa form the backdrop of this insightful study of the factors that contributed to both the end of apartheid and the movement from government by racial division toward government through national unity. This study and resource examines the history, people, and politics of South Africa in the age of apartheid. Topical essays examine the divisions within South African society that led to the historic apartheid legislation initiated in 1948; each group that was defined and separated by apartheid--whites, coloreds, Indians, and Africans; how this separation put increasing pressure on the system that gave rise to organized domestic resistance that eventually led to the collapse of apartheid; the economic sanctions imposed by other nations on South Africa in retaliation for apartheid; and the new government and the challenges of a new democracy.

The analysis of how all these factors culminated in the collapse of apartheid is enhanced by lengthy biographical profiles of sixteen key personalities, including Stephen Biko, Willem deKlerk, Nelson Mandela, and Desmond Tutu. A selection of thirteen primary documents, including a letter from Nelson Mandela in exile and his speech after being released from prison, illustrates the rise and fall of apartheid and will be valuable for student research. A glossary of key terms and a timeline of important events add reference value.

This study of contemporary South Africa focuses thematically on the major political contestants, interest-groups and power-brokers in that country. The contributors, several of whom have first-hand experience of the South African problem, attempt to provide from varied perspectives - ranging from the Afrikaner establishment to the exiled liberation movements - an introduction to aspects of contemporary South African politics and an insight into its many forms of resistance.

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.

The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.

Social conflict involving migrants, which includes terrorism, migrant trafficking and kidnappings, and riots and the occupation of public places, is a direct result of the systematic refusal of receiving countries to recognize that migrants have universal human rights. Analysis of this causal relationship indicates that certain elements of migration policy in Europe and North America--such as the securitization of border controls and development cooperation policies, the use of foreigner internment camps as part of a tougher asylum policy, the criminalization of irregular migration, and social exclusion resulting from widespread discrimination--lead to violent social conflict. These violent conflicts of potentially global impact could be prevented were countries that receive migrants to adopt a system of justice--a decolonized global justice--that recognizes the human rights of migrants.

How safe is Turkey's liberal democracy? The rise to power in 2002 of the right-leaning Islamic Justice and Development Party ignited fears in the West that Turkey could no longer be relied upon to provide a buffer against the growth of Islamic fundamentalism in the Middle East. Once hailed by the West as a model of secularism and moderation in the Muslim world, Turkey is now seen to be under the influence of the 'creeping Islamisation' of the JDP (or AKP as it is known in Turkey). Yet to what extent has this affected the lives of Turkish citizens? Evangelia Axiarlis here explores the contribution of the JDP to civil liberties and basic freedoms, long suppressed by secular and statist Kemalist ideology, and how this has remained unexamined despite more than a decade in government. In this - the first detailed study of the policies and ideology of Prime Minister Recep Tayyip Erdo?an's government - the author examines the extent to which the JDP has worked to improve civil life in Turkey and critically addresses whether a government built on Islamic principles can champion political reform. Exploring how Islam and democracy are neither monoliths nor mutually exclusive, this is a timely contribution to the wider understanding of political Islam.

Governments use human rights both as a tool and as an objective of foreign policy. "The Role of Human Rights in Foreign Policy" analyzes conflicting policy goals such as peace and security, economic relations and development cooperation. The use of diplomatic, economic and military means is discussed, together with the role of state actors, intergovernmental organizations and non-state actors.

Most advanced industrial democracies have been successful in controlling ethnic political conflicts peacefully. This book examines ethnoregional conflicts in seven ethnoregions-in Scotland, Flanders, Wallonia, Brussels, Quebec, Northern Ireland, and the Basque region of Spain-to explain what mactors determine electoral support for ethnoregional parties, why in some cases electoral conflict has co-existed with ethnic violence, and why there appears to be an inverse relationship between electoral success and policy success among many ethnoregional parties. As ethnic conflicts-peaceful and violent-continue to rage around the world, this important new study merits the attention of scholars and students in comparative politics and ethnic studies.

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.

This compilation of interdisciplinary and community voices addresses issues of globalization, democracy, human rights, and how universities can act to promote steps towards greater social justice. As a relational concept, definitions of social justice reflect beliefs, values and priorities - which are neither consensually shared in modern societies, nor among social scientists who study it.

In entries such as Jane Addams and the Settlement House Movement, Booker T. Washington and Black Self-Help, and Betty Friedan and the National Organization for Women, this dictionary provides in-depth examination of major American reformers and the movements they defined. With coverage extending from the early republic to today, the book considers abolitionism, women's rights, temperance, the social gospel, birth control, pacifism, civil rights, environmentalism, consumerism, and other controversial movements. Each entry combines biography with historical analysis to show the historical context and character of the movement and person. Individually, the entries provide modern, interpretive treatments of their subjects. Collectively, they reveal the direction and dynamics of American reform over two centuries. Emphasizing social reform over civic reform, the book gives special attention to reformers and reforms that have significantly altered the social order. Written by prominent scholars, the entries show the importance of personality and historical context in reform movements and the relationship between particular reforms and the temperament of an age. With full-bodied biographies of the reformers and their movements, a time-line on American reform, up-to-date interpretations and bibliographies, and a wide range of subjects, this book provides the most comprehensive and cogent view of American reform and reformers anywhere. It also provides the fullest treatment to date of post-World War II reform activity and personalities.