'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'-Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.'-Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.

The Sword and the Cross is a study of the relationships that exist between politics and ethics. Its intention is to point out that moral convictions conceived and implemented without political wisdom can be bankrupt and that geopolitical strategy formulated and effected without ethical character can be disastrous. Toner contends that politics and ethics are different sides of the same coin. Therefore commanders (that is, leaders in politics and government, in diplomacy, and in the military) must develop both strategic sense and ethical intuition. A study of the relationship between the sacred and the profane, this book promotes an understanding of the ways in which power and purpose can--and must--be complementary.

This study concludes that violence and conflict are part of human existence and that full and final redemption from our struggles is the gift of grace--and not of human artifice. At the same time, we have the burden (and the glory) of doing all we can to achieve our own safety and happiness, which requires political and military prudence. The reconciliation of faith or conscience with power or command is the task of leaders who are informed by civic virtue. In turn, civic virtue is the product of wise education rooted in serious study of what ought to be as well as of what is; but ethically impoverished modern education too rarely asks questions about visions of the Good. Because these conclusions are rooted in a controversial religious and philosophical tradition, they will generally challenge the accepted views in the field.

A moral compass for the use of limited force that draws on the just war thought of Thomas Aquinas One of the most contentious developments in contemporary international relations has been the increased use of limited force. On the one hand, insofar as it signals greater constraint, the shift away from the mechanized slaughter of large-scale warfare toward more calibrated applications of force may be hailed as a step in the right direction. On the other, because uses of limited force appear more compartmentalized and therefore containable, it may encourage states’ more frequent recourse to arms. How, then, are we to make moral sense of this shift toward the small-scale use of force? When are these operations morally justifiable? Limited Force and the Fight for the Just War Tradition offers a moral compass for just war theorists and extends the limited scholarship on jus ad vim (the just use of limited force). Based on a historical approach to just war and case studies, this book provides practical arguments on the question of how the practice of targeted killing and punitive airstrikes should be regulated in order to be morally defensible. Drawing from a historical reading of the just war thought of Thomas Aquinas, Braun demonstrates how classical just war thinking not only helps us grapple with the moral questions of limited force but can also make an important third-way contribution to a field of study that has been engaged in a metaphorical fight about the just war tradition.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research - one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

This book explores the potential responsibilities to respect, protect and fulfill international human rights law (IHRL) of a particular class of non-state actors: non-governmental organizations (NGOs). It calls for NGOs pursuing development to respect and fulfill the human right of genocide survivors to reparative justice in Rwanda. It argues that NGOs have social and moral responsibilities to respect and fulfill IHRL, and for greater accountability for them to do so. The book focuses on those NGOs advancing development in a post genocide transitional justice context acting simultaneously in partnership with state governments, as proxies and agents for these governments, and providing essential public goods and social services as part of their development remit. It defines development as a process of expanding realization of social, economic, and cultural rights addressing food security, economic empowerment/poverty reduction, healthcare, housing, education, and other fundamental human needs while integrating these alongside the expansion of freedoms and protections afforded by civil and political rights. It uses post genocide Rwanda as a case study to illustrate how respect and fulfillment of the IHRL pertaining to reparative justice are hindered by failing to hold NGOs responsible for IHRL. Consequently, this results in discrimination against, marginalization, and the disadvantaging of survivors of the Rwandan genocide against the Tutsi and violations of their human rights.

This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being 'the other' in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

In this edited volume, leading experts of human rights measurement address the challenges scholarship of human rights face as well as explore approaches and means to overcoming them. The book seeks to further answer three specific and related questions. First, what do existing measures of human rights conditions tell us about the state of human rights? Are conditions improving or deteriorating? Second, how might scholars improve their measurement efforts and observe states' human rights practices given efforts by governments to hide human rights abuses and to make them essentially "unobservable"? Finally, what challenges might scholars encounter in the future as the conceptualization of human rights develops and changes, and as new methods and technologies (e.g., natural language processing, machine learning) are introduced into the study of human rights? This book will be of interest to students and scholars of human rights politics, power, development, and governance. The chapters in this book were originally published as a special issue of Journal of Human Rights.

This book tells the story of three Black men--Z. K. Matthews, Nelson Mandela, and Stephen Biko--who committed their lives to win freedom for all South Africans. Using a sociopsychological retrospective, Juckes interweaves accounts of the lives of these three men with sociopolitical developments to reveal the complex interaction that occurs between social processes and individual actors, revealing how leaders come into being and how their actions influence social developments. Each man's political character captured the demands of the time and used the available resources of his age in the quest for freedom; the pressure--over time--from the activities of these three men and the movements they supported made liberation inevitable.

Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years Natural Law and Natural Rights were the constellations of ideas and presuppositions that fulfilled this role in the west, and exhibited far greater similarities than most commentators want to admit. Such ideas were the lens through which Europeans evaluated the rest of the world. In his major new book David Boucher rejects the view that Natural Rights constituted a secularization of Natural Law ideas by showing that most of the significant thinkers in the field, in their various ways, believed that reason leads you to the discovery of your obligations, while God provides the ground for discharging them. Furthermore, The Limits of Ethics in International Relations maintains that Natural Rights and Human Rights are far less closely related than is often asserted because Natural Rights never cast adrift the religious foundationalism, whereas Human Rights, for the most part, have jettisoned the Christian metaphysics upon which both Natural Law and Natural Rights depended. Human Rights theories, on the whole, present us with foundationless universal constraints on the actions of individuals, both domestically and internationally. Finally, one of the principal contentions of the book is that these purportedly universal rights and duties almost invariably turn out to be conditional, and upon close scrutiny end up being 'special' rights and privileges as the examples of multicultural encounters, slavery and racism, and women's rights demonstrate.

This book presents commentaries by a leading international group of peace education scholars and practitioners concerning Reardon's peace education theory and intellectual legacy. The guiding question throughout the book is: How can her foundational work be used to advance the theory and practice of peace education? In an attempt to find answers, the contributing authors explore three general areas of inquiry: (1) Theoretical Foundations of Peace and Human Rights Education; (2) Feminism and the Gender Perspective as Pathways of Transformation Toward Peace and Justice; and (3) Peace Education Pedagogy and Practices. A contemplative commentary by Reardon herself rounds out the coverage

This book offers a unique look into prisons in Iran and the lives of the prisoners and their families. It provides an overview of the history of Iranian prisons, depicts the sub-culture in contemporary Iranian prisons, and highlights the forms that gender discrimination takes behind the prison walls. The book draws on the voices of 90 men and women who have been imprisoned in Iran, interviewed in 2012 and 2017 across various parts of the Islamic Republic of Iran. It presents a different approach to the one proposed by Michel Foucault in Discipline and Punish because the author argues that Iran never experienced "the age of sobriety in punishment" and "a slackening of the hold on the body". Whilst penal severity in Iran has reduced, its scope has now extended beyond prisoners to their families, regardless of their age and gender. In Iran, penalties still target the body but now also affect the bodies of the entire prisoner's family. It is not just prisoners who suffer from the lack of food, clothes, spaces for sleeping, health services, legal services, safety, and threats of physical violence and abuse but also their families. The book highlights the costs of mothers' incarceration for their children. It argues that as long as punishment remains the dominant discourse of the penal system, the minds and bodies of anyone related to incarcerated offenders will remain under tremendous strain. This unique book explores the nature of these systems in a deeply under-covered nation to expand understandings of prisons in the non-Western world.

This book presents an important discussion on land tenure rights for the effective implementation of sustainable soil management provisions. It investigates a variety of aspects, such as the clash of modern and traditional tenure concepts, forms of illegal or illegitimate land acquisition, and the preconditions for legal and legitimate investments. In addition, the book analyses the challenges to ensuring secure land tenure rights in Africa and in Germany. Lastly, it provides information on the role of women in this context. This fifth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme "Land Tenure Rights and Sustainable Soil Management". The second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national, and regional level.

This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person's need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women's contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

John Stuart Mill's On Liberty is widely regarded as one of the most influential and stirring pieces of political philosophy ever written. Ever relevant in our increasingly surveillance dominated culture, the essay argues strongly in favour of the moral rights of individuality, including rights of privacy and of freedom of expression. The Routledge Guidebook to Mill's On Liberty introduces the major themes in Mill's great book and aids the reader in understanding this key work, covering: the context of Mill's work and the background to his writing each separate part of the text in relation to its goals, meanings and impact the reception the book received when first seen by the world the relevance of Mill's work to modern philosophy. With further reading included for each chapter, this text is essential reading for all students of philosophy and political theory, and all those wishing to get to grips with this classic work of political philosophy.

This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

Republicanism, liberalism, and the rule of law have a long and tangled common history in the development of Western institutions. All three claim to secure "liberty" for citizens or subjects of the state, without always agreeing about what this should mean in practice. Mortimer Sellers' The Sacred Fire of Liberty places the concept of "liberty" into the context of its political origins, and explains the structures and vocabulary of liberty that still dominate contemporary legal and political debate. Contrary to the common opposition of liberal and republican traditions as rival conceptions of political legitimacy, Sellers demonstrates the close links between the two, their common roots in developing Western conceptions of liberty, and their eventual divergence over structures of government following the French revolution.

This book examines violence against women in Africa and criminal justice from the perspective of African scholars, practitioners and experts. As a global and long-standing issue, violence against women is gaining public visibility across the African continent with some states announcing a national crisis warranting immediate redress. At the global level, the elimination of all forms of violence against all women and girls forms a key part of United Nations Sustainable Development Goal 5: Gender Equality. Split across two volumes, these books present a comprehensive analysis of the latest research and theories, principles and practices of criminal justice systems, criminal justice accountability mechanisms, and the key challenges women face in their quest for justice on the African continent. This volume (II) focusses on sexual violence and vulnerable women's access to justice in Africa. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Together, they adopt a comparative approach that highlight gaps and good practices to provide a rich source of authoritative information for promoting an intra-African dialogue and cross-fertilization of ideas across the different criminal justice traditions in Africa. Both volumes seek to advance discussions on eliminating violence against women in Africa and speak to those interested in criminal justice, violence, gender studies and African legal studies.

p class="MsoNormal" With an Introduction by George Soros and an Afterword by Aryeh Neier p class="MsoNormal" p style="line-height: 14pt" class="MsoNormal"George Soros is one of the world's leading philanthropists. Over the past thirty years, he has provided more than 8 billion to his worldwide network of foundations: the Open Society Foundations, which have applied the concept of the open society, the cornerstone of Soros's thinking on democracy, freedom, and human rights, in the United States and abroad. This book, written by former New York Times journalist Chuck Sudetic, marks the first exploration of George Soros's innovative philanthropic strategies and unmatched commitment to building open societies in places where dictatorship and violent repression have been the rule for too long. p style="line-height: 14pt" class="MsoNormal"Soros is widely lauded for his brilliant financial and economic insights and investment strategies. But his philosophy-driven philanthropy and its impact are unprecedented for a private individual, and have produced remarkable results. Soros's visionary efforts include: helping to topple communism in eastern Europe and the Soviet Union and attempting to foster civil society in China initiating and nurturing global and local organizations fighting to overcome the driver of war, repression, and corruption in oil- and blood-diamond states helping Sarajevo's people endure three years of siege during the Bosnian War fighting resistant strains of TB in Russia's jails and Lesotho's mountains before the disease can devastate the world's great cities undertaking the first attempt in history to help Europe's most downtrodden people lift themselves from poverty and segregation supporting democratic resistance in Burma and building communities in Haiti's roughest slums applying new methods for fighting poverty and drug addiction and reforming dysfunctional justice systems in Baltimore, New Orleans, and other U.S. cities. p style="margin: 0.1pt 0in line-height: 14pt" class="MsoNormal" The Philanthropy of George Soros reveals the thought and practice behind a lesser-known dimension of this remarkable man's life, his goals for society, and his underlying vision for the future.