Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just and temperate way. This applies to citizens, to companies such as Apple, Google and Facebook and to governmental organizations that are involved with large scale data processing alike. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality and individual freedom are promoted.

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

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

Around the world, there is a heightened interest in citizenship policy in the policy domains of education, naturalization and integration. We are witnessing widespread contestations over conceptions of citizenship - whether it be, for example, the challenges posed by multicultural diversity as a result of large-scale immigration in Western contexts, or the challenges of ongoing uprisings in the Arab world, as seen through the lens of the 'Arab Spring'.
This book examines 'national' constructions of citizenship through its study of education and naturalization policies, uniquely drawing on a wide range of country examples - including Belgium, Denmark, France, Germany, the UK, Ukraine, Canada and Palestinians in Lebanon. Contributing authors examine 'national' constructions of citizenship in a wide range of societal contexts, including devolution, multiculturalism, ethno-religious conflict, post conflict and 'non-state' refugees.

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

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

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

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

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

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

As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.

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

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

The first women entered national government in Italy in 1946, and represented a "lost wave" of feminist action. They used a specific electoral and legislative strategy, "constitutional rights feminism," to construct an image of the female citizen as a bulwark of democracy. Mining existing tropes of femininity such as the Resistance heroine, the working mother, the sacrificial Catholic, and the "mamma Italiana," they searched for social consensus for women's equality that could reach across religious, ideological, and gender divides. The political biographies of woman politicians intertwine throughout the book with the legislative history of the women's rights law they created and helped pass: a Communist who passed the first law guaranteeing paid maternity leave in 1950, a Socialist whose law closed state-run brothels in 1958, and a Christian Democrat who passed the 1963 law guaranteeing women's right to become judges. Women politicians navigated gendered political identity as they picked and chose among competing models of femininity in Cold War Italy. In so doing, they forged a political legacy that in turn affected the rights and opportunities of all Italian women. Their work is compared throughout The Lost Wave to the constitutional rights of women in other parts of postwar Europe.

European borders that aim to control migration and mobility increasingly rely on technology to distinguish between citizens and aliens. This book explores new tensions in Europe between states and citizens, and between politics, technology and human rights.

The collapse of Yugoslavia, Czechoslovakia, and the Soviet Union has resulted in a proliferation of discontented minorities. Preventing the violent conflict triggered by such disaffection has become a driving issue in post-Cold War Europe. National Minorities and the European Nation-States System reveals that the contemporary international system is the root cause of the problem and viable solutions to it must acknowledge this structural limitation.

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

Utilising sources that range from 16th century parish registers to the 21st century supermarket loyalty card, this collection examines the history and development of identification documents and surveillance techniques over the past 500 years. Combining the knowledge of several experts from a variety of disciplines, this volume successfully demonstrates how identification and registration can enable and empower a population, particularly if the interests of the state and population coincide. It also reveals the weakness of states or corporations when dealing with issues such as popular resistance and fraud, despite great leaps forward in the scientific methods of identifying individuals. This important book offers a vital contribution to the literature on a variety of topical subject areas such as biometric identification, immigration control and personal data use, as such it is of interest to students and scholars of civil and human rights amongst other disciplines.

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

Shaw argues that journalism should focus on deconstructing the underlying structural and cultural causes of political violence such as poverty, famine and human trafficking, and play a proactive (preventative), rather than reactive (prescriptive) role in humanitarian intervention.

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

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

Unlike many who separate environmental from other social issues in their analyses of the locally unwanted land use (LULU) problem, O'Looney argues that the issues are really connected and must be addressed jointly. He frames the question this way: What is the appropriate distribution of land development rights and responsibilities overall?, then offers an answer based on Madison's conception of property and Jefferson's ideas about small-scale democracy. In doing so O'Looney examines the ideological roots of the NIMBY-LULU problem and the various zoning, land-use, and antidiscrimination policies that have been created to solve it. A thoughtful study for corporate and public executives, who need new ways to reconcile economic development with other social needs, and an innovative, challenging analysis for the public policy experts and political scientists who advise them.

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

From individual experiences of prejudice to international political debate around equal rights, social attitudes towards sexuality and transgender equalities are evolving. This timely text traces shifts at personal, national and international levels to fully assess the landscape of policy and theory today. Bringing together critical perspectives and original research, Sexuality, Equality and Diversity clearly outlines contested terms and key debates in the field. It explains how equality policy is developed and put into practice, examining what has been achieved by legislation so far and highlighting the challenges to overcome. Exploring the multiple identities and different agendas of various LGBT communities, this thought-provoking book draws on a range of rich examples to shed new light on sexual citizenship today. This is an invaluable guide through the complex terrain of equality and diversity, and is invaluable reading for students of sociology, social policy, gender studies and politics.

Converging revolutionary changes in Europe, the former Soviet Union, and in southern Africa radically transformed the international political environment in which Third World countries had formulated and implemented their policies toward South Africa. These changes also focused attention on the need for democratic reforms in Sub-Saharan Africa and elsewhere in the Third World. By removing apartheid's legal underpinning, the South African government made a major and largely unanticipated step toward creating a relatively egalitarian and nonracial society. Dismantling the more intractable social and economic components of a legal system of racial domination, into which South Africans have been socialized, is clearly a more herculean endeavor. Payne analyzes Third World relations with South Africa: the common and divergent interests among the countries that opposed apartheid, conflict and cooperation between the Third World and South Africa, and the implications of changes in South Africa for the Third World in general and Sub-Saharan Africa in particular. He brings into sharper focus contradictions between the declaratory policies against apartheid expressed by Third World states and their actual practices. Payne examines how national interests, leaders' personalities, policymaking processes, and problems within specific countries influence Third World foreign policies in general and toward South Africa specifically. As such, the work will be invaluable to students and scholars involved with African studies, Third World politics, and international relations.

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe's widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.