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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
This annotated document collection surveys the history and evolution of laws and attitudes regarding free speech and censorship in the United States, with a special emphasis on contemporary events and controversies related to the First Amendment. The United States' collective understanding of First Amendment freedoms was formed by more than 200 years of tensions between the power of word and the power of the government. During that time, major laws and legal decisions defined the circumstances and degree to which personal expression could be rightfully expressed-and rightfully limited. This struggle to define the parameters of free speech continues today. Vibrant and passionate debates about First Amendment limitations once inspired by the dissemination of birth control information now address such issues as kneeling during the national anthem, removing controversial books from public libraries, attempts by the Trump administration to discredit the press, and disseminating false or hateful information through social media platforms. By exploring diverse examples of censorship victories and triumphs of free expression, readers will better understand the enormous impact of First Amendment freedoms on American society. Chronological history of important milestones, documents, and events that have shaped the nation's understanding of freedom of speech/press and censorship, as well as the limitations of each Primary source selection that illuminates the importance of First Amendment freedoms as critical elements of democracy in the United States Informative, authoritative, and balanced introductory headnotes for each primary source to help readers understand the context in which they were created Readers Guide to Related Documents and sidebars
A timely, original study of the emergence of a new type of thinking about children and their rights in contemporary urban China, which draws on diverse evidence from Chinese government, academic, media, and pedagogic publications, as well as on participant observation and interviews in two primary schools and among elite and middle class families in Shanghai, China. Drawing on rich, ethnographic data, this book debunks many popular and scholarly stereotypes about the predominance of Confucian ideas of parental authority in China or about the indifference to individual human rights in the political and public culture of the PRC. This book also recognizes the complexities and conflicts that exist in Chinese discourses about and practices toward children, as older ideas of filiality, neoliberal ideologies, and the new awareness of children's right to privacy, to expressing their views, and to protection against violence compete and collude in complicated, often contradictory ways.
Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system. The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.
Trace the roots of the concept of equal protection from the American Revolution and the formation of the Constitution through its application today using this collection of 177 primary documents from a variety of sources. Students can use this unique reference resource to examine the tension between the concept of equal protection and recognition of slavery in the constitutional order, to explore the devitalization and revitalization of the 14th and 15th Constitutional amendments from the era of Jim Crow through the Civil Rights movement, and to study current court rulings on equal protection of the law. Petitions, laws, court decisions, personal accounts, and a variety of other documents bring to life the experiences of African Americans in the American constitutional order. Five historical periods are explored with particular emphasis on the concept of equal protection of the law and its particular embodiment in the 14th Amendment. These include: the roots of the concept of equal protection in the Anglo-American experience, the lives of African Americans under a Constitution that incorporated equal protection yet recognized slavery, the 14th and 15th Amendments and the development of Jim Crow, 20th-century developments in the application of equal protection to race, and the accomplishments of the Civil Rights movement and developments since that time. The introductory and explanatory text helps readers understand the nature of the conflicts, the issues being litigated, and the social and cultural pressures that shaped each debate. This welcome resource will provide students with the opportunity to understand the various arguments put forth in different debates, encouraging readers to consider all sides when drawing their own conclusions.
In "Womanpower Unlimited and the Black Freedom Struggle in
Mississippi," Tiyi M. Morris provides the first comprehensive
examination of the Jackson, Mississippi-based women's organization
Womanpower Unlimited. Founded in 1961 by Clarie Collins Harvey, the
organization was created initially to provide aid to the Freedom
Riders who were unjustly arrested and then tortured in Mississippi
jails. Womanpower Unlimited expanded its activism to include
programs such as voter registration drives, youth education, and
participation in Women Strike for Peace. Womanpower Unlimited
proved to be not only a significant organization with regard to
civil rights activism in Mississippi but also a spearhead movement
for revitalizing black women's social and political activism in the
state.
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
Arming Americans to defend the truth from today's war on facts.Disinformation. Trolling. Conspiracies. Social media pile-ons. Campus intolerance. On the surface, these recent additions to our daily vocabulary appear to have little in common. But together, they are driving an epistemic crisis: a multi-front challenge to America's ability to distinguish fact from fiction and elevate truth above falsehood. In 2016 Russian trolls and bots nearly drowned the truth in a flood of fake news and conspiracy theories, and Donald Trump and his troll armies continued to do the same. Social media companies struggled to keep up with a flood of falsehoods, and too often didn't even seem to try. Experts and some public officials began wondering if society was losing its grip on truth itself. Meanwhile, another new phenomenon appeared: "cancel culture." At the push of a button, those armed with a cellphone could gang up by the thousands on anyone who ran afoul of their sanctimony. In this pathbreaking book, Jonathan Rauch reaches back to the parallel eighteenth-century developments of liberal democracy and science to explain what he calls the "Constitution of Knowledge" our social system for turning disagreement into truth. By explicating the Constitution of Knowledge and probing the war on reality, Rauch arms defenders of truth with a clearer understanding of what they must protect, why they must do so and how they can do it. His book is a sweeping and readable description of how every American can help defend objective truth and free inquiry from threats as far away as Russia and as close as the cellphone.
Based on an award-winning international research project and photo exhibition, this poignant and beautifully illustrated book examines the experiences of African American GIs in Germany and the unique insights they provide into the civil rights struggle at home and abroad. Thanks in large part to its military occupation of Germany after World War II, America's unresolved civil rights agenda was exposed to worldwide scrutiny as never before. At the same time, its ambitious efforts to democratize German society after the defeat of Nazism meant that West Germany was exposed to American ideas of freedom and democracy to a much larger degree than many other countries. As African American GIs became increasingly politicized, they took on a particular significance for the Civil Rights Movement in light of Germany's central role in the Cold War. While the effects of the Civil Rights Movement reverberated across the globe, Germany represents a special case that illuminates a remarkable period in American and world history. Digital archive including videos, photographs, and oral history interviews available at www.breathoffreedom.org
British social reformers Emma Cons (1838-1911) and Lucy Cavendish (1841-1924) broke new ground in their efforts to better the lot of the working poor in London: they hoped to transform these people's lives through great art, music, high culture, and elite knowledge. Although they did not recognize it as such, their work was in many ways an affirmation and display of citizenship. This book uses Cons's and Cavendish's partnership and work as an illuminating point of departure for exploring the larger topic of women's philanthropic campaigns in late Victorian and Edwardian society. Andrea Geddes Poole demonstrates that, beginning in the late 1860s, a shift was occurring from an emphasis on charity as a private, personal act of women's virtuous duty to public philanthropy as evidence of citizenly, civic participation. She shows that, through philanthropic works, women were able to construct a separate public sphere through which they could speak directly to each other about how to affect matters of significant public policy - decades before women were finally granted the right to vote.
Chaim Weizmann, steeped in the folk culture of the East European shtetl and the humanistic science of Central and Western Europe, was the ambassador of the Jewish people to the English-speaking world. Louis D. Brandeis, on the other hand, was known as the true exponent of Anglo-American civic culture who gave his leadership at a critical moment to the American and world Jewish community. A Clash of Heroes studies the conflict between these two dominant personalities, each of whom has been hailed by devoted followers as the hero of a crucial era in recent Jewish history. Halpern sets the meeting, collaboration, and sharp conflict between these two men against the shifting background of a world at war and the shaky travail of revolution and reconstruction in the early 20th century. Through a comparison of two exemplary figures in Jewish leadership, Halpern paints an enthralling portrait of 20th-century Zionism and illuminates the complex relationships between leaders and the public and between Jewish nationalism and its extended environment.
This work espouses that though African Americans have come a long way, issues such as social, economic, health, educational, judicial, political, cultural, and civil rights are of such a critical nature that President Barack Obama must meet them head on and in a manner different from that of mainstream America. With an African American in the White House, there is no better time for assessing the progress the United States has made in protecting the rights of all its citizens. The Cultural Rights Movement: Fulfilling the Promise of Civil Rights for African Americans offers such an assessment, with an in-depth look at the Obama administration's proposed initiatives as they relate to the African American community and a survey of civil rights issues that need to be reexamined in light of Obama's election. The Cultural Rights Movement is a well-researched, powerfully written analysis of why a substantial number of blacks have yet to get their piece of the American dream. Coverage includes discriminatory lending practices; unfair Congressional redistricting; disparities in physician care and health outcomes; the low number of black students, faculty members and coaches in mainstream universities; the phenomenal high rate of blacks being arrested, convicted and incarcerated; the continual growth of black underemployment and poverty; and the near-total neglect of the reparations issue.
Courts regularly rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. However, despite the frequent application of such review in practice, important questions about the meaning and value of procedural reasoning arise. Do courts provide sufficient protection of substantive rights when taking a procedural approach? Can they safeguard values of deliberative democracy and the rule of law through procedural reasoning? And can they rely on process-based review to avoid morally sensitive issues and cases concerning hard policy choices? This book engages with such questions with the aim of uncovering the potential and limitations of procedural reasoning in fundamental rights cases. To this end, it first discusses a number of concrete examples of application of this review by various courts. It then develops a context-independent definition of process-based fundamental rights review, which acknowledges the various uses of this type of review. On this basis, the book finally discusses the wide-ranging theoretical debates concerning procedural reasoning and identifies underlying explanations for the different views on the topic. The resulting in-depth and nuanced understanding of process-based fundamental rights review will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Mosler and Catley show Australia as migrant Americans see it, warts and all! They begin with an examination of the evolution of the United States as a major dominant power in the international system, emphasizing the duality of its external power coupled with its troubled and variegated society--the greatest wealth coexisting with some of the world's most difficult cities. But, as they point out, very few people emigrate from this melting pot, and many of those that do leave go to Australia. They are seeking employment, adventure, and, for some, a refuge from the difficult aspects of American life. The more than 250,000 Americans who have gone to Australia since WWII are mostly well-qualified professional people who have developed good life styles and contribute significantly to many aspects of Australian life. But some, particularly women, are also dissatisifed and describe varying degrees of anti- Americanism, despite Australia being among the most receptive of societies to American ideas and culture. Americans also tend to bring their political orientations with them. Many are now becoming Australians whose children want to stay. Australia is only a bit further than California and it brings its own surprises. Relying on survey data, interviews, and their own experiences, Mosler and Catley provide answers to many questions about the American-Australian connection.
Since the 1970s, the international community of states has demonstrated increasing willingness to invest UN institutions with politico-ethical authority to act on its behalf in addressing human rights abuses. Through trial and error, some of these institutions have had a degree of success in securing better practical observance of international human rights standards. Flood examines the reasons why some structural approaches have had more impact than others. He argues that states must make policy choices in an environment where many political actors operate simultaneously and where several state interests are in play simultaneously. This situation creates the political space in which community structures can operate to influence behavior. Because states require the active or tacit cooperation of other states to promote their interests, they seek to avoid prolonged political isolation. Thus, the most effective UN human rights institutions are those linked in meaningful ways with Charter-based human rights mechanisms. These mechanisms--thematic and country-specific--have different structural advantages, and their concrete effectiveness depends on the specific circumstances of the particular case they are asked to address. There is evidence that they have greater impact when employed simultaneously, as well as when key states support their efforts bilaterally. Through case studies, Flood analyzes the work of the thematic mechanisms on disappearances and religious discrimination and the country-specific mechanisms used with Chile and Iran. He concludes that Charter-based UN human rights institutions have become an enduring part of the international environment and that their activities havestrengthened the concept and practice of state accountability to the international community for human rights conduct.
One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated 'civilising mission' of the contract, a notion which itself constitutes the canon of the Western liberal principle of 'civilised economy'. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law's development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
This volume examines the evolving relationship between the nation-state, citizenship and the education of citizens, exploring the impact European integration had on national policies towards educating its citizens and citizenship.
Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are, Who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.
During the early 1990s the Department of Justice used its Voting Rights Act power to object to racially unfair redistricting laws to force states to maximize minority congressional districts. The results were dramatic: Congressional Black Caucus membership swelled from 25 to 38 and nine new Hispanic congresspersons were sworn in. Only three years later, the maximization strategy lay in ruins. The courts forced many of the new minority districts to be redrawn and the judiciary reserved especially harsh criticism for the Department. Cunningham examines and analyzes how the Department came to adopt the maximization strategy. He explores the bureaucratic culture of the Division's Voting Section, its history, and the interaction of its progressive career staff with more conservative political appointees. The Division works amidst a vibrant interest group environment, with civil rights advocates, the state, and political parties eager for influence. Cunningham shows how that influence contest was won by the civil rights groups, how their preferred interpretations of fair redistricting and discriminatory purpose were adopted by the Division, and how their chosen districting models were forced upon states by the Division. He examines the effect the Department has had on federalism, representation, and its own impaired credibility with the judiciary. Finally, he suggests how the Division might resurrect its damaged reputation for balanced enforcement. An important study for scholars, students, and public policy makers involved with civil rights, public administration, and public law.
Although Americans tend to take the concept and protection of free expression for granted, free press and free speech are at best only tentatively established in some nations of the world. Covering prehistoric times to mid-1998, this book provides a year-by-year report of the efforts to free the press throughout the world. Since the American concept of free speech came from England, the early chapters place a heavy emphasis on events in England, while later chapters include other nations throughout the world. Ingelhart provides a thorough overview of free press and free speech principles and the continuing effort to extend those freedoms almost everywhere.
Bringing together a diverse group of contributors, this collection addresses the impact of transnational corporations on human rights. Topics covered include corporate social responsibility; the impact of corporations on internal conflicts, and codes of conduct. Case studies range from the negative effects of the Nigerian oil industry to the positive engagement by a logging company with the Nuu-chah-nulth people in Canada. The book uniquely combines the discussion of conceptual issues with an in-depth examination of specific corporations and industries.
Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. These two contemporary domains, personal narrative and human rights, literature and international politics, are commonly understood to operate on separate planes. This study however, examines the ways these intersecting realms unfold and are enfolded in one another in ways both productive of and problematic for the achievement of social justice. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings; how international rights discourse enables and constrains individual and collective subjectivities in narration; how personal narratives circulate and take on new meanings in new contexts; and how and under what conditions they feed into, affect, and are affected by the reorganizations of politics in the post cold war, postcolonial, globalizing human rights contexts. To explore these intersections, the authors attend the production, circulation, reception, and affective currents of stories in action across local, national, transnational, and global arenas. They do so by looking at five case studies: in the context of the Truth and Reconciliation processes in South Africa; the National Inquiry into the Forced Removal of Indigenous Children from their Families in Australia; activism on behalf of former 'comfort women' from South/East Asia; U.S. prison activism; and democratic reforms in the aftermath of the Tiananmen Square Massacre in China.
'Her highly personal and reflective memoir ... is a must-read for anyone who cares about our role in a changing world' Barack Obama THE INTERNATIONAL BESTSELLER NAMED ONE OF THE BEST BOOKS OF THE YEAR BY: The New York Times * Time * The Economist * The Washington Post * Vanity Fair * Times Literary Supplement 'What can one person do?' In this vibrant, galvanizing memoir, human rights advocate and Pulitzer-Prize winning writer Samantha Power offers an urgent response to this question. As she traces her path from Irish immigrant to war correspondent and activist to eventually becoming the youngest-ever US Ambassador to the United Nations, Power writes with a unique blend of suspenseful storytelling, vivid character portraits and disarming honesty. Her account illuminates the challenges of navigating the halls of power while trying to put one's ideals into practice (and raise two young children along the way), and it shows how - even in the face of daunting challenges - each of us can make a difference. NOW WITH UPDATED AFTERWORD |
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