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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
"The Aesthetics of Free Speech: Rethinking the Public Sphere" is
one of the first books to theoretically explore the relationship
between free speech and the public sphere. By drawing upon Marxist
theory the author, John Michael Roberts, demonstrates how liberal
theorists frequently construct an abstract aesthetic of "rational,"
"cultivated" and "competent" discussion which then serves as a norm
through which certain utterances can be humiliated and excluded
from participating fully within the public sphere. However, the
author also shows how excluded utterances develop their own
aesthetic of free speech and how this aesthetic then comes back to
haunt the bourgeois public sphere.
Evaluates the nature of the international governance of minority rights in the context of the enlargement of the European Union. This book examines the origin and development of the European Minority Rights Regime paying particular attention to the institutions, policies and actions of European organisations.
Is Turkish nationalism simply a product of Kemalist propaganda from the early Turkish Republic or an inevitable consequence of a firm and developing 'Turkish' identity? How do the politics of nationalism and identity limit Turkey's progression towards a fuller, more institutionalised democracy? Turkish citizenship is a vital aspect of today's Republic, and yet it has long been defined only through legal framework, neglecting its civil, political, and social implications. Here, Basak Ince seeks to rectify this, examining the identity facets of citizenship, and how this relates to nationalism, democracy and political participation in the modern Turkish republic. By tracing the development of the citizenship from the initial founding of the Republic to the immediate post-World War II period, and from the military interventions of the 1960s, 1970s and 1980s to the present day, she offers in-depth analysis of the interaction of state and society in modern Turkey, which holds wider implications for the study of the Middle East.
Immigration and Ethnic Conflict reviews the experience of post-industrial countries that have experienced large-scale movements of population since the Second World War, creating ethnically diverse multicultural societies in a context of rapid economic, technological and social change. The book uses a critical theoretical approach which emphasises the dynamic nature of the structural changes which have taken place and the interdependence of economic, political, social and psychological factors. The results of extensive comparative studies of Britain, Canada and Australia are reviewed, with special attention to questions of immigrant adaptation, refugees, racism, unemployment, ethnic nationalism and social conflict. Traditional views of immigrant assimilation are rejected in favour of one which treats immigrants and ethnic minorities as the catalysts of change in a global polity, economy and society, simultaneously united and divided by satellite communications, nuclear terror and the world population explosion.
How safe is Turkey's liberal democracy? The rise to power in 2002 of the right-leaning Islamic Justice and Development Party ignited fears in the West that Turkey could no longer be relied upon to provide a buffer against the growth of Islamic fundamentalism in the Middle East. Once hailed by the West as a model of secularism and moderation in the Muslim world, Turkey is now seen to be under the influence of the 'creeping Islamisation' of the JDP (or AKP as it is known in Turkey). Yet to what extent has this affected the lives of Turkish citizens? Evangelia Axiarlis here explores the contribution of the JDP to civil liberties and basic freedoms, long suppressed by secular and statist Kemalist ideology, and how this has remained unexamined despite more than a decade in government. In this - the first detailed study of the policies and ideology of Prime Minister Recep Tayyip Erdo?an's government - the author examines the extent to which the JDP has worked to improve civil life in Turkey and critically addresses whether a government built on Islamic principles can champion political reform. Exploring how Islam and democracy are neither monoliths nor mutually exclusive, this is a timely contribution to the wider understanding of political Islam.
This book: covers the essential content in the new specifications in a rigorous and engaging way, using detailed narrative, sources, timelines, key words, helpful activities and extension material helps develop conceptual understanding of areas such as evidence, interpretations, causation and change, through targeted activities provides assessment support for A level with sample answers, sources, practice questions and guidance to help you tackle the new-style exam questions. It also comes with three years' access to an ActiveBook, an online, digital version of your textbook to help you personalise your learning as you go through the course - perfect for revision.
The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.
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.
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'.
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.
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.
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.
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.
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.
Sociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution.
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.
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.
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.
Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
The body is a source of pleasure and of pain, at once hopelessly vulnerable and radiant with power. At a moment in which basic rights are once again imperilled, Olivia Laing conducts an ambitious investigation into the body and its discontents, using the life of the renegade psychoanalyst Wilhelm Reich to chart a daring course through the long struggle for bodily freedom, from gay rights and sexual liberation to feminism and the civil rights movement. Drawing on her own experiences in protest and alternative medicine, and travelling from Weimar Berlin to the prisons of McCarthy-era America, she grapples with some of the most significant and complicated figures of the past century, among them Nina Simone, Christopher Isherwood, Andrea Dworkin, Sigmund Freud, Susan Sontag and Malcolm X. Despite its many burdens, the body remains a source of power, even in an era as technologized and automated as our own. Everybody is an examination of the forces arranged against freedom and a celebration of how ordinary human bodies can resist oppression and reshape the world.
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.
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. |
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