This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Human Rights and the Arts: Perspectives on Global Asia approaches human rights issues from the perspective of artists and writers in global Asia. By focusing on the interventions of writers, artists, filmmakers, and dramatists, the book moves toward a new understanding of human rights that shifts the discussion of contexts and subjects away from the binaries of cultural relativism and political sovereignty. From Ai Wei Wei and Michael Ondaatje, to Umar Kayam, Saryang Kim, Lia Zixin, and Noor Zaheer, among others, this volume takes its lead from global Asian artists, powerfully re-orienting thinking about human rights subjects and contexts to include the physical, spiritual, social, ecological, cultural, and the transnational. Looking at a range of work from Tibet, Indonesia, Sri Lanka, India, China, Bangladesh, Japan, Korea, Vietnam, and Macau as well as Asian diasporic communities, this book puts forward an understanding of global Asia that underscores "Asia" as a global site. It also highlights the continuing importance of nation-states and specific geographical entities, while stressing the ways that the human rights subject breaks out of these boundaries. Many of these works are included in the companion volume Human Rights and the Arts in Global Asia: An Anthology, also published by Lexington Books.

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

Widely heralded as a "masterful" (The Washington Post) and "essential" (Slate) history of the modern American metropolis, Richard Rothstein's The Color of Law offers "the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation" (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white areas. A ground-breaking, "virtually indispensable" (Chicago Daily Observer) study that has already transformed our understanding of twentieth-century urban history, The Color of Law is forcing Americans to face the obligation to remedy their unconstitutional past. * A The New York Times bestseller

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them.
Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse.
The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

In modern times, political and social reform often starts at the bottom of the socioeconomic ladder; common people with ordinary lives enact change through community organization and the desire to improve their own lives and the lives of those around them. Governments that support such movements can experience great advances and achievements in the long term. Cases on Grassroots Campaigns for Community Empowerment and Social Change presents a series of real-world studies on political and social activism in the information age, focusing on how empowerment of minority or underserved populations can serve to enact sweeping reforms regionally, nationally, or globally. This book is a critical resource for political and private actors, including government agencies, community organizers, political parties, and researchers in the social sciences. This reference work features research on timely topics such as women's empowerment, poverty, social activism and social change, community building, and empowerment of individuals in a variety of socioeconomic settings and roles.

The defeat of Apartheid and triumph of non-racial democracy in South Africa was not the work of just a few individuals. Ultimately, it came about through the actions – large and small – of many principled, courageous people from all walks of life and backgrounds.

Some of these activists achieved enduring fame and recognition and their names today loom large in the annals of the anti-apartheid struggle. Others were engaged in a range of practical, hands-on activities outside of the public eye. These were the loyal foot soldiers of the liberation Struggle, the unsung workers at the coal face who, largely behind the scenes, made a difference on the ground and helped to bring about meaningful change.

Even though Apartheid was aimed at entrenching white power and privilege, a number of whites rejected that system and instead joined their fellow South Africans in opposing it. Of these, a noteworthy proportion came from the Jewish community.

Mensches in the Trenches tells the hitherto unrecorded stories of some of these activists and the essential, if seldom publicised role that they and others like them played in bringing freedom and justice to their country.

With the ubiquitous nature of modern technologies, they have been inevitably integrated into various facets of society. The connectivity presented by digital platforms has transformed such innovations into tools for political and social agendas. Politics, Protest, and Empowerment in Digital Spaces is a comprehensive reference source for emerging scholarly perspectives on the use of new media technology to engage people in socially- and politically-oriented conversations and examines communication trends in these virtual environments. Highlighting relevant coverage across topics such as online free expression, political campaigning, and online blogging, this book is ideally designed for government officials, researchers, academics, graduate students, and practitioners interested in how new media is revolutionizing political and social communications.

aImpressive, provocative and smart.Immigrant Rights in the Shadows of U.S. Citizenship is breathtaking in its timeliness and its broad scope.a
-- Erika Lee, author of "At America's Gates: Chinese Immigration during the Exclusion Era, 1882-1943"

aAn urgent collection of essays by both activists and scholars that puts legislative and judicial histories into dialogue with activists' struggles to bring about social justice for immigrant communities. Its ever-present focus on social justice connects the specificity of individual historical struggles to broader political aspirations.a
--Wendy Kozol, Oberlin College

Punctuated by marches across the United States in the spring of 2006, immigrant rights has re-emerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims to rights in the past, and by examining movements based in different communities around the United States. Scholars explain the evolution of immigration policy, and analyze current conflicts around issues of immigrant rights; activists engaged in the current movement document the ways in which coalitions have been built among immigrants from different nations, and between immigrant and native- born peoples. The essays examine the ways in which questions of immigrant rights engage broader issues of identity, including gender, race, and sexuality.

It was the final speech of a long day, August 28, 1963, when hundreds of thousands gathered on the Mall for the March on Washington for Jobs and Freedom. In a resounding cadence, Martin Luther King Jr. lifted the crowd when he told of his dream that all Americans would join together to realize the founding ideal of equality. The power of the speech created an enduring symbol of the march and the larger civil rights movement. King s speech still inspires us fifty years later, but its very power has also narrowed our understanding of the march. In this insightful history, William P. Jones restores the march to its full significance.

The opening speech of the day was delivered by the leader of the march, the great trade unionist A. Philip Randolph, who first called for a march on Washington in 1941 to press for equal opportunity in employment and the armed forces. To the crowd that stretched more than a mile before him, Randolph called for an end to segregation and a living wage for every American. Equal access to accommodations and services would mean little to people, white and black, who could not afford them. Randolph s egalitarian vision of economic and social citizenship is the strong thread running through the full history of the March on Washington Movement. It was a movement of sustained grassroots organizing, linked locally to women s groups, unions, and churches across the country. Jones s fresh, compelling history delivers a new understanding of this emblematic event and the broader civil rights movement it propelled."

The history of Latin American journalism is ultimately the story of a people who have been silenced over the centuries, primarily Native Americans, women, peasants, and the urban poor. This book seeks to correct the record propounded by most English-language surveys of Latin American journalism, which tend to neglect pre-Columbian forms of reporting, the ways in which technology has been used as a tool of colonization, and the Latin American conceptual foundations of a free press. Challenging the conventional notion of a free marketplace of ideas in a region plagued with serious problems of poverty, violence, propaganda, political intolerance, poor ethics, journalism education deficiencies, and media concentration in the hands of an elite, Ferreira debunks the myth of a free press in Latin America. The diffusion of colonial presses in the New World resulted in the imposition of a structural censorship with elements that remain to this day. They include ethnic and gender discrimination, technological elitism, state and religious authoritarianism, and ideological controls. Impoverished, afraid of crime and violence, and without access to an effective democracy, ordinary Latin Americans still live silenced by ruling actors that include a dominant and concentrated media. Thus, not only is the press not free in Latin America, but it is also itself an instrument of oppression.

Edward Snowden, the man who risked everything to expose the US government’s system of mass surveillance, reveals for the first time the story of his life, including how he helped to build that system and what motivated him to try to bring it down.

In 2013, twenty-nine-year-old Edward Snowden shocked the world when he broke with the American intelligence establishment and revealed that the United States government was secretly pursuing the means to collect every single phone call, text message, and email. The result would be an unprecedented system of mass surveillance with the ability to pry into the private lives of every person on earth. Six years later, Snowden reveals for the very first time how he helped to build this system and why he was moved to expose it.

Spanning the bucolic Beltway suburbs of his childhood and the clandestine CIA and NSA postings of his adulthood, Permanent Record is the extraordinary account of a bright young man who grew up online – a man who became a spy, a whistleblower, and, in exile, the Internet’s conscience. Written with wit, grace, passion, and an unflinching candor, Permanent Record is a crucial memoir of our digital age and destined to be a classic.

Revelations about U.S. torture and prisoner abuse in blatant violation of the long-established and universally recognized Geneva Conventions have horrified most Americans. Nevertheless, it has been argued that the high stakes of the "War on Terror" have made the protections offered by the Conventions obsolete, or that the abuses are the work of a few rogue soldiers and officers. This book reaches past the headlines into the historical record to document POW torture and also domestic prisoner abuse dating well back in our history as well as government and military knowledge of and collusion in such ostensibly illegal and reprehensible acts. Is torture and prisoner abuse justified in the name of some greater good? As a society we shall have to decide. The historical record presented here can contribute much to an informed national discussion. Series features: BLTimeline anchoring the discussion in time and place BLBibliography of print and Internet resources guiding further exploration of the subject BLCharts and tables analyzing complex data, including survey results

In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon's theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights treaty bodies that have adopted an injustice approach. This injustice approach provides the foundation for Kosovo's case for remedial secession, and helps to sort out the competing entitlement claims of Malays in different countries. Indeed, the priority of Thomas W. Simon's Ethnic Identity and Minority Protection is to ensure the tales of designation and discrimination told at the beginning of the work do not become the stories of brutalization told at the end. In short, the challenge tackled in this text is to assure that reason reigns over hate.