How do international norms evolve? This book examines the manner in which sovereignty, a bedrock norm of international relations since the seventeenth century, has evolved in response to changing conceptions of the responsibilities of government. Whereas most previous studies of international norms have examined how norms influence policy decisions, this book asks, instead, how state policies actively shape international norms. Changing Norms through Actions contends that the concept of sovereignty is moving towards one in which states that are unable or unwilling to fulfill their domestic and international obligations are forced to relinquish certain sovereign responsibilities to the international community. As issues such as genocide, weapons of mass destruction, and terrorism have forced states to reassess their understandings of sovereignty, Ramos is interested in how understandings of norms - particularly long-held norms such as absolute sovereignty - change. If action taken by states reinforces an existing norm or alters current understandings of the norm, states must consider how their actions may change the "rules of the game" for the future. Even when a major power acts primarily out of its own self-interest, without any concern to international norms, the action may have the unintended consequence of modifying the normative environment within which other minor powers act. Shifting understandings of sovereignty (and how states relate to one another) can also have profound implications for the workings of the international system. Ramos looks specifically at what happens to sovereignty when states choose to bypass traditional norms of non-intervention on behalf of other competing norms, such as those regarding counterterrorism, human rights, or weapons of mass destruction.

This interdisciplinary volume critically explores how the ever-increasing use of automated systems is changing policing, criminal justice systems, and military operations at the national and international level. The book examines the ways in which automated systems are beneficial to society, while addressing the risks they represent for human rights. This book starts with a historical overview of how different types of knowledge have transformed crime control and the security domain, comparing those epistemological shifts with the current shift caused by knowledge produced with high-tech information technology tools such as big data analytics, machine learning, and artificial intelligence. The first part explores the use of automated systems, such as predictive policing and platform policing, in law enforcement. The second part analyzes the use of automated systems, such as algorithms used in sentencing and parole decisions, in courts of law. The third part examines the use and misuse of automated systems for surveillance and social control. The fourth part discusses the use of lethal (semi)autonomous weapons systems in armed conflicts. An essential read for researchers, politicians, and advocates interested in the use and potential misuse of automated systems in crime control, this diverse volume draws expertise from such fields as criminology, law, sociology, philosophy, and anthropology.

This book] provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic. "Preston K. Covey, Carnegie Mellon University "

Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of the right to keep and bear arms--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.

Public-Private Partnerships (PPPs) have gained a renewed momentum in recent years, and have come to be viewed by governments and funders alike as a silver bullet for infrastructure development and public service provision. Critiques of the corporate capture of development are well established, yet until now the urgent question of the impacts of PPPs on women's human rights around the world has remained under-explored. This open access book aims to fill the gap, providing new insights from a set of case studies from across the Global South. Bringing an intersectional feminist approach to PPPs, these cases enable analysis that can inform advocacy and activism, whilst challenging dominant narratives and resisting the negative impacts of PPPs on women and historically marginalized communities' human rights. Widely advocating for stronger regulatory frameworks and institutions, and indicating how changes could be implemented, the examples analysed cover a range of sectors including health, energy, and infrastructure from countries including Ethiopia, Peru, India and Fiji. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Development Alternatives with Women for a New Era (DAWN).

This important book focuses on North Korean refugee human rights issues-a topic largely ignored in favor of addressing North Korea's domestic politics and deterrence of Pyongyang's nuclear threat. The first book of its kind, Securitization of Human Rights: North Korean Refugees in East Asia examines the complex problem of "what to do with North Korea"-specifically, regarding human rights issues and treatment of North Korean refugees. The book spotlights four key countries-China, Japan, South Korea, and the United States-with regard to their policy stance towards North Korean human rights issues, analyzing the dynamic tension between realpolitik and moral principle by looking at the regional governments' responses. Rather than focusing only on politics and foreign policy, this book is about the people involved, describing the plight of North Korean refugees, the perspective of South Korean citizens, and the quandary facing power elites in the regional governments.

In Forced Justice, David Armor explores the entire range of controversial issues in school desegregation policy, including evolving Supreme Court doctrines, the educational and social impacts of desegregation, and the effectiveness of mandatory versus voluntary desegregation methods, including magnet schools. He challenges the "harm and benefit" thesis of Brown v. Board of Education, finding few significant educational and psychological benefits from desegregation, and he counters conventional wisdom by arguing that voluntary plans using magnet schools are just as effective in attaining long-term desegregation as mandatory busing. Armor concludes by proposing a new policy of "equity choice" which draws on the best features of both the desegregation and choice movements.

In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.

This book addresses environmental and climate change induced migration from the vantage point of migration studies, offering a broad spectrum of approaches for considering the environment/climate/migration nexus. Research on the subject is still frequently narrowed down to climate change vulnerability and the environmental push factor. The book establishes the interconnections between societal and environmental vulnerability, and migration and capability, allowing appreciation of migration in the frame of climate as a case of spatial and social mobility, that is, as a strategy of persons and groups to deal with a grossly unequal distribution of life chances across the world. In their introduction, the editors fan out the current debate and state the need to transcend predominantly policy-oriented approaches to migration. The first section of the volume focuses on "Methodologies and Methods" and presents very distinct approaches to think climate induced migration. Subsequent chapters explore the sensitivity of existing migration flows to climate change in Ghana and Bangladesh, the complex relationship between migration, demographic change and coping capacities in Canada, methodological challenges of a household survey on the significance of migration and remittances for adaptation in the Hindu Kush region and an econometric study of the aftermath of the 1998 floods in Bangladesh. The second part, "Areas of Concern: Politics and Human Rights", deepens the analysis of discourses as well as of the implications of proposed and implemented policies. Contributors discuss such topics as environmental migration as a multi-causal problem, climate migration as a consequence in an alarmist discourse and climate migration as a solution. A study of an integrated relocation program in Papua New Guinea is followed by chapters on the promise and the flaws of planned relocation policy, global policy on protection of environmental migrants including both internally displaced peoples and those who cross international borders. A concluding chapter places human agency at centre stage and explores the interplay between human rights, capability and migration.

Devised to accompany and complement International Organization and Global Governance this title will engage advanced undergraduate and graduate students taking more specialized courses in international relations generally, and those pursuing coursework in international organization, law, and political economy. Offers a comprehensive overview of all the current 'hot topics' - Food, Climate, Covid-19, Cities, Cybersecurity, Human Rights. Pushes beyond the traditional fare of global governance studies and invites readers to adopt both a backward- and forward-looking view of global governance, to think through the future trajectory of world order. Chapters are situated in deep and rich historical contexts. The historicism prevalent throughout is a key strength because it forces readers to consider whether the present era is a historical breaking point between world orders. The editors remind readers of the value of taking the long view, and challenge contributors (and by extension, students) to come up with new theories or ideas for continuity and change in global governance.

The freedom of thought, conscience, and religion, from which stem the tenets of pluralism, tolerance, and open-mindedness, are some of the most basic freedoms of a democratic society. This book illustrates the current state of the freedom of religion or belief in Turkey and the challenges and complex problems facing it, concentrating on the most topical issues: being compelled to reveal one's religion and beliefs on the national identity card; the right of conscientious objection and conscientious objectors; compulsory religious education; recognition of faith groups and the opening of places of worship; and using and wearing religious symbols and dress in the public sphere.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

This book explores and discusses emerging perspectives of Ubuntu from the vantage point of "ordinary" people and connects it to human rights and decolonizing discourses. It engages a decolonizing perspective in writing about Ubuntu as an indigenous concept. The fore grounding argument is that one's positionality speaks to particular interests that may continue to sustain oppressions instead of confronting and dismantling them. Therefore, a decolonial approach to writing indigenous experiences begins with transparency about the researcher's own positionality. The emerging perspectives of this volume are contextual, highlighting the need for a critical reading for emerging, transformative and alternative visions in human relations and social structures.

Examining the role of 'open remedies' in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships over fundamental rights and freedoms. Open remedies declare a human rights violation but invite the other branches of government to decide what corrective action should be taken. Open remedies are premised on the need to engage institutions beyond courts in the process of thinking about and acting on human rights problems. This book considers examples across the United States, South Africa, Canada, and internationally, emphasising their similarities and differences in design and the diverse ways they could operate in practice. he book investigates these possibilities through the first systematic legal and empirical study of the declaration of incompatibility model under the United Kingdom Human Rights Act. This new model provides a non-binding declaration that the law has infringed human rights standards, for the legislature's consideration. By design, it has the potential to support democratic deliberation on what human rights require of the laws and policies of the State, however, it also carries uncertainties and risks. Providing a lucid account of existing debates on the relative roles of courts and legislatures to determine the requirements of fundamental rights commitments, the book argues that we need to look beyond the theoretical focus on rights disagreements, to how these remedies have operated in practice across the courts and the political branches of government. Importantly, we should pay attention to the nature and scope of legislative engagement in deliberation on the human rights matters raised by declarations of incompatibility. Adopting this approach, this book presents a carefully argued view of how courts have exercised this power, as well as how the UK executive and Parliament have responded to its use.

For the last two decades, refugees, like other immigrants, have been settling in newer locations throughout the US and other countries. No longer are refugees to be found only in major metropolitan areas and gateway cities; instead, they are arriving in small towns, rural areas, rustbelt cities, and suburbs. What happens to them in these new destinations and what happens to the places that receive them? Drawing on a decade's worth of interviews, surveys, spatial analysis and community-based projects with key informants, Dr Pablo Bose argues that the value of refugee newcomers to their new homes cannot be underestimated.

This volume provides an overview of selected major areas of legal and institutional development in Lithuania since the Restoration of Independence in 1990. The respective chapters discuss changes in fields varying from the constitutional framework to criminal law and procedure. The content highlights four major aspects of the fundamental changes that have affected the entire legal system: the Post-Soviet country's complex historical heritage; socio-political and other conditions in the process of adopting new (rule of law) standards; international legal influences on the national legal order over the past 30 years; and finally, the search for entirely new national legal models. Over a period of 30 years since gaining its independence from the Soviet Union, Lithuania has undergone unique social changes. The state restarted its independent journey burdened by the complicated heritage of the Soviet legal system. Some major reforms have taken place swiftly, while others have required years of thorough analysis of societal needs and the search for optimal examples in other states. The legal system is now substantially different, with some elements being entirely new, and others adapted to present needs.

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based.
The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice.

"It has become clear that there is no criminological exit from embrace of degrading punishments and practices to which our increasingly distorted risk perception commits us. Instead, the path forward must run through a return to the ethical and psychological roots of security and justice. TheEthics of Total Confinement is a quantum step forward in defining and advancing that path."--Jonathan Simon, Adrian A. Kragen Professor of Law, Jurisprudence and Social Policy Program, UC Berkeley School of Law
"This book boldly calls for a total transformation in the way the law deals with people who are confined because of their perceived depravity or dangerousness. It focuses on three outcast groups--juveniles tried as adults, people with mental illness subjected to hospitalization, and sex offenders committed as dangerous--and, based on an innovative analysis of the relevant caselaw and empirics, shows why current practices not only visit substantial harm on these people but also brutalize those who deprive them of liberty and damage the rest of us by feeding our basest, most uninformed fears. Relying on Aristotelian philosophy, therapeutic and restorative principles, and commonsense justice, the book persuasively argues that we must reorient the training and thinking of all major players in the system if our goal is to promote the maximum amount of human flourishing."--Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School
"The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice deepens our understanding of how our legal system justifies its treatment of those it confines. By bridging gaps among relevant disciplines, the book clarifies to an interdisciplinary audience just how inadequate those justifications turn out to be when measured by psychological, ethical, or justice-based standards. The book's provocative conclusions and recommendations offer much food for thought and suggest potential directions for action."--Dennis Fox, Emeritus Associate Professor of Legal Studies and Psychology, University of Illinois at Springfield
"The Ethics of Total Confinement shows how captivity diminishes the keepers and the kept. It is a book that synthesises in creative new ways reformist visions of justice, virtue and the cultivation of habits of character. This is profound work that opens new paths to dignity, healing and social justice."--John Braithwaite, Australian Research Council Federation Fellow, Australian National University
"The Ethics of Total Confinement offers a useful and wide-ranging perspective grounded in psychological jurisprudence. With its emphasis on the harm done to those most vulnerable to extremes of risk-management, this volume makes a welcome addition to the literature on confinement."--Lorna Rhodes, Professor, Department of Anthropology, University of Washington
"The provocative thesis of this book develops psychological jurisprudence to conceptualize the ethics of existing total confinement practices, aspiring to greater justice and human flourishing for all. A timely intervention of this kind is most welcome."--George Pavlich, Associate Vice-President (Research), Professor of Law and Sociology, University of Alberta

America's founding mothers and fathers built gender bias into American politics. This book examines traditional prejudices against women's political participation as well as efforts to overcome these prejudices during a revolutionary era. It inquires into the shifting male hierarchies that kept some men out of politics, admitted others to a limited citizenship, and privileged a few men with leadership authority. It also assesses the impact of the founders' gender bias on modern American politics. The gendering of American poltics began as a compromise between traditional patriarchal ideals that subordinated all women to male authority and revolutionary norms that recognized women's capacity for independence, reason, and patriotism. That compromise was manifested in the doctrine of "republican womanhood" which perpetuated women's exclusion from citizenship but afforded women sufficient educational opportunity and family influence to raise citizens and educate statesmen for the new republic. The gendering of American politics was concluded by a second compromise. The founders often expressed a desire to exclude disorderly men from public life and empower a few heroic men to exercise great leadership powers, but they generally settled for granting weak citizenship to most white family men and supporting elite government by accomplished gentleman legislators.

The global humanitarian movement, which originated within Western religious organizations in the early nineteenth century, has been of most important forces in world politics in advancing both human rights and human welfare. While the religious groups that founded the movement originally focused on conversion, in time more secular concerns came to dominate. By the end of the nineteenth century, increasingly professionalized yet nominally religious organization shifted from reliance on the good book to the public health manual. Over the course of the twentieth century, the secularization of humanitarianism only increased, and by the 1970s the movement's religious inspiration, generally speaking, was marginal to its agenda. However, beginning in the 1980s, religiously inspired humanitarian movements experienced a major revival, and today they are virtual equals of their secular brethren.
From church-sponsored AIDS prevention campaigns in Africa to Muslim charity efforts in flood-stricken Pakistan to Hindu charities in India, religious groups have altered the character of the global humanitarian movement. Moreover, even secular groups now gesture toward religious inspiration in their work. Clearly, the broad, inexorable march toward secularism predicted by so many Westerners has halted, which is especially intriguing with regard to humanitarianism. Not only was it a highly secularized movement just forty years ago, but its principles were based on those we associate with "rational" modernity: cosmopolitan one-worldism and material (as opposed to spiritual) progress. How and why did this happen, and what does it mean for humanitarianism writ large? That is the question that the eminent scholars Michael Barnett and Janice Stein pose in Sacred Aid, and for answers they have gathered chapters from leading scholars that focus on the relationship between secularism and religion in contemporary humanitarianism throughout the developing world. Collectively, the chapters in this volume comprise an original and authoritative account of religion has reshaped the global humanitarian movement in recent times.

This volume contains the proceedings of the 10th International Symposium on Circumcision, Genital Integrity, and Human Rights. Authors are international experts in their fields, and the book contains the most up-to-date information on the issue of genital cutting of infants and children from medical, legal, bioethical, and human rights perspectives.

Night on Earth is a broad-ranging account of international humanitarian programs in Central and Eastern Europe, the Balkans and the Near East from 1918 to 1930. Davide Rodogno shows that international 'relief' and 'development' were intertwined long before the birth of the United Nations with humanitarians operating in a region devastated by war and famine and in which state sovereignty was deficient. Influenced by colonial motivations and ideologies these humanitarians attempted to reshape entire communities and nations through reconstruction and rehabilitation programmes. The book draws on the activities of a wide range of secular and religious organisations and philanthropic foundations in the US and Europe including the American Relief Administration, the American Red Cross, the Quakers, Save the Children, the Near East Relief, the American Women's Hospitals, the League of Nations and the International Committee of the Red Cross.

The expression "transitional justice" emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. "This book summarizes the subjects of transitional justice and Vergangenheitsbewaltigung systematically and clearly" (Joachim Gauck, German Federal President, 2012-2017).

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference 'Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

This book engages with human rights and human rights education (HRE) in ways that offer opportunities for criticality and renewal. It takes up various ideas, from critical and decolonial theories to philosophers and intellectuals, to theorize the renewal of HRE as Critical Human Rights Education. The point of departure is that the acceptable "truths" of human rights are seldom critically examined, and productive interpretations for understanding and acting in a world that is soaked in the violations these rights try to address, cannot emerge. The book cultivates a critical view of human rights in education and beyond, and revisits receivable categories of human rights to advance social-justice-oriented educational praxes. It focuses on the ways that issues of human rights, philosophy, and education come together, and how a critical project of their entanglements creates openings for rethinking human rights education (HRE) both theoretically and in praxis. Given the persistence of issues of human rights worldwide, this book will be useful to researchers and educators across disciplines and in numerous parts of the world.