Those seeking social change confront the centrality of power on a daily basis. What precisely is power and how does it manifest itself? And how are radical and progressive strategies shaped by the ways in which we conceptualize it?

Drawing on feminist, poststructuralist, and Marxist theory, Davina Cooper develops an innovative framework for understanding power relations in forms as diverse as reproductive technology, queer activism, municipal politics, and the regulation of lesbian reproduction. "Power in Struggle" explores the relationship between power, sexuality, and the state and ultimately provides a radical re-thinking of these concepts and their interactions. Sexual politics, Cooper posits, must recognize the sexualization of everyday life and should not be exclusively the concern of a young, educated elite, nor should sex be shuttered as a private affair.

Concluding with an important and original discussion of how an ethics of empowerment can inform political strategy, Power in Struggle is a must-read for activists, scholars, and lawyers interested in understanding the role of power in the state.

What are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The book brings together an interdisciplinary group of leading scholars in an examination of the multifaceted politics of social and economic policy-making, rights-based political struggles and socio-economic rights litigations. The post-apartheid South African experience shows that there is no guarantee that democracy will eliminate poverty or reduce social inequality, but also that democratic institutions and politics may provide important means for asserting interests and rights in regard to development. Thus it is argued that democratic politics of socio-economic rights may democratise development while also developing democracy.

This book traces the rise of contemporary populism in Western democracies, marked by the return of would-be 'strong men' politicians. It seeks to make sense of the resultant nature, origins, and consequences -as expressed, for example, in the startling rise of the social movement surrounding Trump in the US, Brexit in the UK and the remarkable spread of ideologies that express resistance to "facts," science, and expertise. Uniquely, the book shows how what began as a form of penal populism in the early 1990s transformed into a more wide ranging populist politics with the potential to undermine or even overthrow the democratic order altogether; examines the way in which the Covid-19 pandemic has impacted on these forces, arguing it threw the flailing democratic order an important lifeline, as Vladimir Putin has subsequently done with his war in Ukraine. The book argues that contemporary political populism can be seen as a wider manifestation of the earlier tropes and appeal of penal populism arising under neo-liberalism. The author traces this cross over and the roots of discontent, anxiety, anti-elites sentiment and the sense of being forgotten, that lie at the heart of populism, along with its effects in terms of climate denial, 'fake news', othering, nativism and the denigration of scientific and other forms of expertise. In a highly topical and important extension to the field the author suggests that the current covid pandemic might prove to be an 'antidote' to populism, providing the conditions in which scientific and medical expertise, truth telling, government intervention in the economy and in health policy, and social solidarity, are revalorised. Encompassing numerous subject areas and crossing many conventional disciplinary boundaries, this book will be of great interest to students and scholars of criminology and criminal justice, sociology, political science, law, and public policy.

Much of the freedom of expression enjoyed by civilians in the United States, and guaranteed to them by the constitution, is illegal for American military personnel. "Freedom of Expression in the American Military" addresses the issues at the root of this First Amendment dichotomy. The author examines free expression for service members as a communications issue rather than simply an issue of military traditions and necessities. The book examines court decisions involving First Amendment rights, the literature on military communication, and models that illustrate how communication works. Then the author presents and critiques the communication model used by the military to curtail the First Amendment rights of soldiers.

Among the subjects covered in this volume is an interesting comparison of the First Amendment rights of civilians and soldiers who protested U.S. involvement in Vietnam. Using such examples and analysis of both communication and First Amendment literature, the author concludes that the view of military as a separate society and the validity of the rationales used to curb military speech are only weakly supported. Thus, she concludes, no compelling proof of need exists for the degree of curtailment of expression existing in the military. The final chapter offers a revised model of military communication that allows greater freedom of expression without jeopardizing the military mission.

Anna Baltzer, a young Jewish American, went to the West Bank to discover the realities of daily life for Palestinians under the occupation. What she found would change her outlook on the conflict forever. She wrote this book to give voice to the stories of the people who welcomed her with open arms as their lives crumbled around them. For five months, Baltzer lived and worked with farmers, Palestinian and Israeli activists, and the families of political prisoners, traveling with them across endless checkpoints and roadblocks to reach hospitals, universities, and olive groves. Baltzer witnessed firsthand the environmental devastation brought on by expanding settlements and outposts and the destruction wrought by Israel's "Security Fence," which separates many families from each other, their communities, their land, and basic human services. What emerges from Baltzer's journal is not a sensationalist tale of suicide bombers and conspiracies, but a compelling and inspiring description of the trials of daily life under the occupation.

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

Perspectives on the Politics of Abortion examines the abortion issue from ethical, empirical, and legal angles and offers some rather unconventional analyses and surprising conclusions with regard to this familiar issue. One chapter argues that the emphasis on "rights" has made illegal and occasionally violent activity on the part of pro-life activists increasingly likely. Another chapter suggests that abortion is an instance of the more general right to self-defense. A chapter considers the problem of abortion from the standpoint of participants in the political process. And chapters examine the political tactics of the Roman Catholic Church and abortion rights in terms of constitutional due process. This important volume adds new voices and perspectives to the abortion debate.

Stereotypes are beliefs about groups of people. Some examples, taken from human rights case law, are the notions that 'Roma are thieves', 'women are responsible for childcare', and 'people with a mental disability are incapable of forming political opinions'. Increasingly, human rights monitoring bodies including the European and inter-American human rights courts, the Committee on the Elimination of Discrimination against Women, and the Committee on the Elimination of Racial Discrimination voice concerns about stereotyping and warn States not to enforce harmful stereotypes. Human rights bodies thus appear to be starting to realise what social psychologists discovered a long time ago: that stereotypes underlie inequality and discrimination. Despite their relevance and their legal momentum, however, stereotypes have so far received little attention from human rights law scholars. This volume is the first one to broadly analyse stereotypes as a human rights issue. The scope of the book includes different stereotyping grounds such as race, gender, and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system.

The evidentiary weight of North Korean defectors' testimony depicting crimes against humanity has drawn considerable attention from the international community in recent years. Despite the attention to North Korean human rights, what remains unexamined is the rise of the transnational advocacy network, which drew attention to the issue in the first place. Andrew Yeo and Danielle Chubb explore the 'hard case' that is North Korea and challenge existing conceptions of transnational human rights networks, how they operate, and why they provoke a response from even the most recalcitrant regimes. In this volume, leading experts and activists assemble original data from multiple language sources, including North Korean sources, and adopt a range of sophisticated methodologies to provide valuable insight into the politics, strategy, and policy objectives of North Korean human rights activism.

This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.

Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.

Human security has been advanced as an alternative to traditional state-based conceptualizations of security, yet controversies about the use and abuse of the concept remain. Investigating innovations in the advancement of the human security agenda over the past decade, this book identifies themes and processes around which consensus for future policy action might be built. It considers the ongoing debates regarding the human security agenda, explores prospects and projects for the advancement of human security, addresses issues of human security as emerging forms of new multilateralisms and examines claims that human security is being undermined by US unilateralisms. This comprehensive volume explores the theoretical debate surrounding human security and details the implications for practical application. It will prove ideal for students of international relations, security studies and development studies.

This book examines the law in relation to how it has responded to sexual and gender issues in the context of Hong Kong, and addresses the implications of those responses for the global context. It aims to develop a localized theory of justice which enables the analysis of multiple socio-legal issues arising in Hong Kong, a predominantly Han-Chinese society in Greater China, while also offering formulations for corresponding solutions. Unlike other books on Hong Kong jurisprudence and socio-legal studies, this book not only compares and contrasts different theories of justice, but also attempts to generate a philosophical perspective which can synchronize and re-organize a range of theoretical components via the lens of localization. The author investigates theories of justice developed, respectively, by Rawls, Deleuze, Lacan, Zizek and from the perspective of Mahayana Buddhism, as well as (Orthodox) Han-Chinese Confucianism and Daoism. The book applies these theoretical perspectives in analyzing different socio-legal issues in post-97 Hong Kong, including transgender rights to marriage, domestic violence, sexual assault, child sexual abuse and race. The book concludes by proposing singular possible strategies, which include Degenderization, Desexualization, De-ageing, by which justice(s) can hopefully be re-manufactured and challenged. This book is relevant to researchers and students of law, philosophy, sociology, gender studies and cultural studies.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

There is a big hole in the history of the LGBT movement in Britain. Each step towards equality for LGBT people, every positive move in public opinion, was the result of campaigning. But while individuals and lobby groups loudly promote their role in the victories, one major player has been written out of this history: the unions. This book fills the gap. From the first strike action organised by trade union members to save the job of a victimised gay colleague in the 1970s, through the mutual solidarity of Lesbians and Gays Support the Miners, to the Trades Union Congress taking the initiative to save London Pride in 2012, and much more, trade unions have contributed immensely to the successes achieved, all the while protecting jobs and securing equality for thousands of LGBT working people. Peter Purton was the TUC's first LGBT officer. His book, of interest to everyone interested in equality and trade union history, reveals how LGBT trade union members organised to win recognition, then support, and how trade unions supported the struggles of LGBT communities in Britain and across the world. This is an inspiring tale, and in the dangerous world of the twenty-first century, it is a warning call to the LGBT community and those supporting it, to wake up to new threats, to remember how past victories were achieved. The labour movement has much potential as an active participant in the unfinished fight for equality, but this book shows the need for mutual engagement to make change possible.

Troubled by the repression unleashed by World War I, Justice Oliver Wendell Holmes, Jr. insisted that the functioning of the democratic system depended on the right of all Americans to be heard, regardless of how obnoxious their views, provided their words posed no "clear and present danger." This ideal, which became a defining aspect of the nation's political culture in the generation following the war, was put to the test during World War II by the "un-American" rhetoric of Communists, Bundists, Christian fundamentalists, Black nationalists, and others. Idealism faltered as private citizens and government officials, including erstwhile civil libertarians, demanded a new, "realistic" definition of free speech. This book tells how FDR’s three attorneys general and their staffs struggled to adjust and apply the Holmesian ideal in the face of demands from the president and the public for ideological conformity and total security. It examines how the ideal postulated by Holmes and generally accepted by liberals and intellectuals in the interwar period fared during its first real test in the conflict widely known as the "good war."

From the Nuremberg trials to the arrest of General Pinochet to the prosecution of barbarians of the Balkans, we have crafted a global human rights law to punish crimes against humanity. And yet today it is rarely applied: the International Criminal Court has faltered, populist governments refuse to cooperate, the UN Security Council is pole-axed and liberal democracy is on the defensive. When faced with the torture of Sergei Magnitsky, the murder of Jamal Khashoggi and the repression of the Uighurs, what recourse do we have? Distinguished human rights lawyer Geoffrey Robertson argues that our most powerful weapon is Magnitsky laws, by which not only perpetrators but their accomplices - lickspittle judges, doctors who assist in torture, corporations that profit from slave labour - are named, shamed and blamed. Though the UK and the EU have passed nascent Magnitsky laws, they are not deploying them effectively. It is only by developing a full-blooded system of coordinated sanctions - banning human rights violators from entering democratic countries to funnel their ill-gotten gains through Western banks and take advantage of our schools and hospitals - that we can fight back against cruelty and corruption. Bad People sets out a Plan B for human rights, offering a new blueprint for global justice in a post-pandemic world.

This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface.
Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative.From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary moral imperatives or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs.
This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.
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Examines the evolution of black nationalist thought from its earliest proto-nationalistic phase in the 1700s to the Garvey movement in the 1920s Recent years have seen a resurgence of interest in modern black nationalist leaders such as Stokely Carmichael and Malcolm X. But what of the ideological precursors to these modern leaders, the writers, and leaders from whose intellectual legacy modern black nationalism emerged? Wilson Jeramiah Moses, whom the Village Voice called one of the foremost historians of black nationalism, has here collected the most influential speeches, articles, and letters that inform the intellectual underpinnings of contemporary black nationalism, returning our focus to black nationalism at its inception. The goal of early black nationalists was the return of the African-American population to Africa to create a sovereign nation-state and to formulate an ideological basis for a concept of national culture. Most early black nationalists believed that this return was directed by the hand of God. Moses examines the evolution of black nationalist thought through several phases, from its proto-nationalisic phase in the late 1700s through a hiatus in the 1830s, through its flourishing in the 1850s, its eventual eclipse in the 1870s, and its resurgence in the Garvey movement of the 1920s. Moses provides us with documents that illustrate the motivations of both whites and blacks as they sought the removal of the black population. We hear from Thomas Jefferson, who held that it was self-evident that black and white populations could not intermingle on an equal basis or merge to form one happy society, and who toyed with the idea of a mass deportation of the black American population. We see that the profit motive is an important motive behind any nationalist movement in the letters between African American capitalists Paul Cuffe and James Forten. Among the more difficult selections to classify in this collection, Robert Alexander Young's Ethiopian Manifesto prophesied the coming of a prophetic liberator of the African race. The Christian nature of nineteenth century black nationalism is evident in Blyden's The Call of Providence. Moses rounds out the volume with contributions from more well- known voices such as those of Marcus Garvey, W.E.B. Dubois, and others. Classical Black Nationalism will serve as a point of departure for anyone interested in gaining a foundational knowledge of the disparate voices behind this often discussed but seldom understood movement.

Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose, Gevisser brings to life the complex movement for queer civil rights and the many people on whom it bears.' Colm Toibin, Guardian 'Powerful... meticulously researched' Andrew McMillan, Observer Book of the Week Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how LGBTQ+ Rights became one of the world's new human rights frontiers in the second decade of the twenty-first century. From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American Mid-West, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others. In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.

Rapid changes in medical care and in society's attitudes about death have made the right-to-die debate a timely topic, but its roots can be traced back to the founding of this country. High school and college students can explore the history of this debate through this unique collection of primary documents. Government reports, court cases, statements from religious groups, and many other contributions provide a thorough examination of the arguments for and against allowing people to make their own decisions about how and when they die. An explanatory introduction precedes each document to aid the user in understanding the various arguments that have been put forth in this debate, encouraging consideration of all sides when drawing conclusions.

Such issues as attitudes toward death, mercy killings, euthanasia, the development of living wills, and advance directives are explored in detail and are traced back to their early roots. Each of the volume's six parts examines a different subject within the debate and provides records ranging from the high profile court cases of Karen Quinlan and Nancy Cruzan to samples of living wills to a statement from Pope Pius II. Zucker presents the reader with a variety of ideas from many different people, including doctors, patients, religious leaders, and government officials, and presents a broad range of perspectives that will be a welcome resource for students wishing to explore this highly emotional topic from as many different angles as possible.

Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusions have major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.

This volume, from the Policy Studies Organization, examines the role of presidential leadership in the development and implementation of civil rights policy in the United States. Covering a broad time period, the work takes a social scientific approach to the understanding of civil rights, utilizing both quantitative and archival research. The editors attempt to place and analyze civil rights in context--as a policy arena representative of broader presidential leadership concerns--and look at the development of civil rights policy since Brown v. Board of Education from the perspectives of (1) the public, (2) government institutions, and (3) particular policy arenas.

This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU's external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women's participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.