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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
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.
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.
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.
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 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.
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.
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.
"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." "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." "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." "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 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.
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.
"New Waves in Global Justice" brings together the leading future figures in global justice with essays ranging from climate change and global poverty to just war and human rights and immigration. An ideal collection for anyone interested in the most important debates in global justice, as well as those with an interest in the latest significant contributions from the leading new generation of international philosophers working in global justice.
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.
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.
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
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
This book critically looks at the tensions between the promise to transform education through the use of digital technology and the tendency to utilize digital technology in instrumental and technical ways. The widespread use of digital technology has had a remarkable effect on almost every domain of human life. This technological change has caused governments, educational departments, and non-governmental organizations (NGOs) to recognize the need to develop educational plans that would support the social and the cultural changes that have occurred with the ubiquitous permeation of digital technology into our everyday lives. This book challenges common assumptions regarding digital technology and education, through critical exploration of educational policies, interviews, and class observations in the US and Israel. In doing so, the author sheds light on the possibilities of advancing digital citizenship under current educational policies.
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.
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.
At a time of global uncertainties and erosion of liberties, how will cultural studies clear a space for a parallel intellectual and political engagement with human rights practice? How will human rights thinking be liberated from its doctrinal approach to ethics and legal justice? This book forges an alliance between cultural studies and human rights scholarships, to help us better understand the changing and complex political context that continuously shapes contemporary violence. To date, interdisciplinary dialogue or institutional collaboration remains rare across the two domains, resulting in critical interpretive work appearing too vacuous at times and institutional legal work often trapped in doctrinalism. By opening a door for a new and engaging scholarship, this book will re-ignite debates and passions within communication and critical cultural studies in the search for global justice. This book was originally published as a special issue of Communication and Critical/Cultural Studies.
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.
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.
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.
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.
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. |
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