"The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences continue unchecked?" (United Nations Secretrary-General Kofi Annan). This book is a comprehensive, integrated discussion of `the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. Humanitarian Intervention is an invaluable contribution to the debate on all aspects of this vital global issue. J.L. Holzgrefe is a Visiting Research Scholar in the Department of Political Science, Duke University. He is a former Lecturer in International Relations at the University of St. Andrews, Scotland, and visiting scholar at the Center of International Studies, Princeton University, the Center for International Affairs, Harvard University, and elsewhere. He was educated at Monash University, Australia and Balliol College, Oxford. He has published on the history of international relations thought. Robert O. Keohane is James B. Duke Professor of Political Science, Duke University. He is interested in the role played by governance in world politics, and in particular on how international institutions and transnational networks operate. He is the author of After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, 1984), for which he was awarded the second annual Grawemeyer Award in 1989 for Ideas Improving World Order. He is also the author of International Institutions and State Power: Essays in International Relations Theory (Westview, 1989), co-author of Power and Independence: World Politics in Transition (Little, Brown, 1977; 3rd edition 2001), and co-author of Designing Social Inquiry: Scientific Inference in Qualitative Research (Princeton, 1994). He is a fellow of the American Academy of Arts and Sciences and has been the recipient of a Guggenheim fellowship.

This book is about people whose beliefs and affiliations have opposed powerful interests in the present-day United States. This eclectic group of people and controversial issues, from climate-change scientists who have been censored by the Bush administration to Muslims accused of terrorism, have one thing in common. All of them straddle the limits of what Noam Chomsky has called permissible debate as defined by dominant political and economic institutions and individuals. The central thesis is that restriction of free inquiry is harmful to our culture because it inhibits the search for knowledge. Johansen presents case studies in the borderlands of free speech in a Jeffersonian cast-an intellectual framework assuming that open debate-even of unpopular ideas-is essential to accurate perception of reality. This book is about people whose ideological circumstances have found them opposing established beliefs in our times-scholars advocating the Palestinian cause in a very hostile intellectual environment, for example, as well as climate scientists defending themselves against the de-funding of their laboratories by defenders of fossil-fuel interests; opponents of creation science under assault for teaching what once was regarded as household-variety biology (a.k.a. Darwinism); Marxists in a political system dominated by neoconservatives. The central thesis that unites this diverse array of controversies is that shutting down free inquiry-most notably for points of view deemed unpopular-dumbs us all down by restraining the search for knowledge, which demands open inquiry. We have been told when going to war, as in Iraq, that freedom isn't free, the unstated assumption being that our armed forces are fighting and dying to safeguard our civil rights at home and abroad. During recent years, however, freedom to inquire and debate without retribution has been under assault in the United States. This assault has been carried out under a distinctly Orwellian cast, under Newspeak titles such as the Patriot Act, parts of which might as well be described more honestly as the Restriction of Freedom of Inquiry Act. The information gathered here will interest (and probably anger) anyone who is concerned with protecting robust, free inquiry in a nation that takes seriously its freedom to speak out, and to define truth through open debate.

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

Puerto Rico's colonial relationship with the United States and its history of intermixture of native, African, and Spanish inhabitants has prompted inconsistent narratives about race and power in the colonial territory. Departing from these accounts, early twentieth-century writers, journalists, and activists scrutinized both Puerto Rico's and the United States's institutionalized racism and colonialism in an attempt to spur reform, leaving an archive of oft-overlooked political writings. In Seams of Empire, Carlos Alamo-Pastrana uses racial imbrication as a framework for reading this archive of little-known Puerto Rican, African American, and white American radicals and progressives, both on the island and the continental U.S. By addressing the concealed power relations responsible for national, gendered, and class differences, this method of textual analysis reveals key symbolic and material connections between marginalized groups in both national spaces and traces the complexity of race, racism, and conflict on the edges of empire.

In 1934, Commissioner of Indian Affairs John Collier began a series of "congresses" with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. For the first time, the reservation Indian was asked for input in the structuring of American Indian relations with federal and state government and law. In The Indian Reorganization Act, Vine Deloria, Jr., has compiled the actual historical records of those congresses.

Deloria makes available important documents of the premier years of reform in federal Indian policy as well as the bill itself. A version of Collier's act eventually passed Congress, but in a less far-reaching form. Nevertheless, a new concept of self-government had emerged, one that now defines the federal government's approach to American Indian policy and that has changed forever the way American Indians define themselves.

Do we have positive duties to help others in need or are our moral duties only negative, focused on not harming them? Are any of the former positive duties, duties of justice that respond to enforceable rights? Is their scope global? Should we aim for global equality besides the eradication of severe global poverty? Is a humanist approach to egalitarian distribution based on rights that all human beings as such have defensible, or must egalitarian distribution be seen in an associativist way, as tracking existing frameworks such as statehood and economic interdependence? Are the eradication of global poverty and the achievement of global equality practically feasible or are they hopelessly utopian wishes? This book argues that there are basic positive duties of justice to help eradicate severe global poverty; that global egalitarian principles are also reasonable even if they cannot be fully realized in the short term; and that there are dynamic duties to enhance the feasibility of the transition from global poverty to global equality in the face of nonideal circumstances such as the absence of robust international institutions and the lack of a strong ethos of cosmopolitan solidarity. The very notion of feasibility is crucial for normative reasoning, but has received little explicit philosophical discussion. This book offers a systematic exploration of that concept as well as of its application to global justice. It also arbitrates the current debate between humanist and associativist accounts of the scope of distributive justice. Drawing on moral contractualism (the view that we ought to follow the principles that no one could reasonably reject), this book provides a novel defense of humanism, challenges several versions of associativism (which remains the most popular view among political philosophers), and seeks to integrate the insights underlying both views.

The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

This book interrogates the nature and state of African American citizenship through the prism of Social Contract Theory. Challenging the United States' commitment to African American citizenship, this book explores the idea of Social Nullification, the decision to reject, revoke and re-define the social contract with a state and society. Charles F. Peterson surveys the history of Social Contract Theory, examines Nullification as political and legal theory, argues public policy as a measure of the state's commitment to the contractarian relationship and frames the writings and activism of Martin R. Delany, Ida B. Wells-Barnett and the African American Reparations Movement as examples of Social Nullification and challenges to the terms of Black life in America.

Refugees lie at the heart of world politics. The causes and consequences of, and responses to, human displacement are intertwined with many of the core concerns of International Relations. Yet, scholars of International Relations have generally bypassed the study of refugees, and Forced Migration Studies has generally bypassed insights from International Relations. This volume therefore represents an attempt to bridge the divide between these disciplines, and to place refugees within the mainstream of International Relations. Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, the volume considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy. They engage with some of the most challenging political and practical questions in contemporary forced migration, including peacebuilding, post-conflict reconstruction, and statebuilding. The result is a set of highly original chapters, yielding not only new concepts of wider relevance to International Relations but also insights for academics, policy-makers, and practitioners working on forced migration in particular and humanitarianism in general.

In this timely and important book, Professor Brad K. Blitz, a leading expert on post-conflict integration, statelessness, migration, development and human rights, reminds us how the concept of freedom of movement, and its relationship to migration, has received little comprehensive treatment among academics, even though it underpins what we expect as individuals living in liberal states. Yet, there are 214 million international migrants and 740 million internal migrants in the world today. It is all the more paradoxical therefore that there is no guarantee of the right of freedom of movement where most migration takes place against the backdrop of both official and unofficial controls. With strong theoretical underpinnings, and drawing from a range of philosophers, both ancient and modern, Professor Blitz, examines the legal foundations for the free movement of people, before undertaking a practical critique of recent free movement experiences in Spain, Italy, Serbia, Croatia, Russia and Slovenia. This is a tour de force. A work of remarkable scholarship, prescience, and practical relevance, which deserves to be read by all on this much-neglected subject of freedom of movement.' - Satvinder Juss, King s College London, UK'An advance, both analytically and empirically, for migration studies. With a base in international law and political theory, Blitz admirably opens up the ambiguous question of freedom of movement in relation to the restrictions still imposed by national borders and sovereignty, and the difficulties migrants face turning movement into successful settlement. Focusing on Europe, and migration experiences internal and external to the EU, as well as within and across national boundaries, the book significantly challenges current immigration paradigms with a series of atypical and provocative case studies.' - Adrian Favell, Sciences Po, Paris, France Migration and Freedom is a thorough and revealing exploration of the complex relationship between mobility and citizenship in Europe. Brad Blitz draws upon European and international law, political theory, economics, history and contemporary studies of migration to provide an original account of the opportunities and challenges associated with the right to free movement in Europe and beyond. Integrating over 160 interviews with individuals in Croatia, Slovenia, Italy, Spain, the UK and Russia, this book provides a unique focus on both internal and inter-state mobility and a re-evaluation of the concept of freedom of movement. The author documents successful and unsuccessful settlement and establishment cases and records how both official and informal restrictions on individuals' mobility have effectively created new categories of citizenship and exclusion within Europe. This book is an original study aimed at academics, students and government officials interested in migration, international studies, public and social policy, and politics. Contents: 1. Migration and Freedom 2. Investigating Freedom of Movement 3. Freedom of Movement in Europe 4. Spanish Doctors in the United Kingdom 5. European Language Teachers in Italy 6. Displaced Serbs in Croatia 7. Internal Migrants in Russia 8. Discrimination and Immobility in Slovenia 9. Analysis 10. Conclusion Bibliography

The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery's expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public at titudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group's encounters with the law and placing these suits into conversation with similar en counters that arose in appellate cases nationwide Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.

Critical Perspectives on Human Rights provides cutting-edge interventions into contemporary perspectives on rights, ethics and global justice. The chapters, written by leading scholars in the field, make a significant and timely contribution to critical human rights scholarship by interrogating the significance of human rights for critical theory and practice. While the contributions engage sensitively yet thoroughly with the regulatory, disciplinary, and exclusionary effects of human rights, they do so without giving up on the transformative potential of human rights. By thinking productively through the exclusions, paradoxes and aporias of human rights, Critical Perspectives on Human Rights is a key reference text for students and scholars in this important area of inquiry.

There has been recent controversy in the African American community about youth and their lack of appreciation for the gains of the civil rights movement of the 1950s and 1960s. This stellar biography is a superb introduction to the foremost leader of the civil rights movement. The story and historical context will be eye-opening for students and a good refresher for others who are too young to have remembered the events. In a gripping narrative style, the biography traces the young Martin, the son and grandson of formidable preachers, to his calling as a minister too, but one who would take on the entrenched racism of the South, and North, through a nonviolent movement that changed the course of American history. There has been recent controversy in the African American community about youth and their lack of appreciation for the gains of the civil rights movement of the 1950s and 1960s. This stellar biography is a superb introduction to the foremost leader of the civil rights movement. The story and historical context will be eye-opening for students and a good refresher for others who are too young to have remembered the events. In a gripping narrative style, the biography traces the young Martin, the son and grandson of formidable preachers, to his calling as a minister too, but one who would take on the entrenched racism of the South, and North, through a nonviolent movement that changed the course of American history. King's story is compelling, starting from his early nurtured family life in an insular community of blacks in Atlanta. His education at Morehouse College, Crozer Theological Seminary, and Boston University and courtship of Coretta Scott lead into the early days of the civil rights movement and King's leadership role in the major marches, demonstrations, boycotts, and sit-ins that took place, mainly in the South. Critical insight into the Kennedy and Johnson Administrations is given as King negotiates with the presidents for equal rights for blacks. The violent reactions against and hatred of many whites for those seeking racial justice are still shocking today. Against the backdrop of beatings, killings, bombings, threats, and imprisoning, King is portrayed as driven to lift up all Americans, even if it meant martyrdom.

Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.

View the Table of Contents. Read the Introduction.

"The New H.N.I.C. brilliantly observes pivotal moments in hip hop and black culture as a whole... provocative[ly] raises the level of the hip hop discussion."
--"Black Issues Book Review"

"It was naive for Todd Boyd to subtitle his book "The Death of Civil Rights and the Birth of Hip Hop," and not to expect people to wig out."
--"Punk Planet"

"Stand back! Todd Boyd brings the ruckus in this provocative look at how hip hop changed everything from the jailhouse to the White House--and why it truly became the voice of a new generation."
--Alan Light, Editor-in-Chief, "Spin Magazine"

aElegantly script[s] the fall of the previous generation alongside the rise of a new hip-hop ethosa]. ["The New H.N.I.C"] is built on the provocative premise that this generation's hip-hop culture has come to supersede the previous one's paradigm of civil rights. Highlighting various moments in recent rap historyathe controversy over OutKast's naming a single after Rosa Parks; the white negro-isms of EminemaBoyd offers hip-hop as the most suitable access point for understanding the social, political, and cultural experiences of African Americans born after the civil rights period.a
--"Village Voice"

"Those who are hip have always known that Black music is about more than simply nodding your head, snapping your fingers, and patting your feet. Like the proverbial Dude, back on the block, Dr. Todd Boyd, in his groundbreaking book The New H.N.I.C., tells us that like the best of this oral tradition, hip hop is a philosophy and worldview rooted in history and at the same time firmly of the moment. Dr. Boyd's improvisational flow is onpoint like be bop Stacy Adams and The New H.N.I.C., in both style and substance, breaks down how this monumental cultural shift has come to redefine the globe. With mad props and much love, Dr. Boyd's The New H.N.I.C. is the voice of a generation and stands poised at the vanguard of our future."
--Quincy Jones

"A convincing and entertaining case that hip-hop matters, Boyd's reading [of hip hop] is nothing less than inspired."
--"Mother Jones"

"If you want to understand the direction of music today, read this book. Boyd expertly chronicles the birth of Hip Hop, its impact on all music and how the language and music defines a generation."
--Tom Freston, CEO, MTV Networks

"Boyd's main observation is simple and mostly true: "Hip-hop has rejected and now replaced the pious, sanctimonious nature of civil rights as the defining moment of Blackness."
--"Los Angeles Times"

When Lauryn Hill stepped forward to accept her fifth Grammy Award in 1999, she paused as she collected the last trophy, and seeming somewhat startled said, "This is crazy, 'cause this is hip hop music.'" Hill's astonishment at receiving mainstream acclaim for music once deemed insignificant testifies to the explosion of this truly revolutionary art form. Hip hop music and the culture that surrounds it--film, fashion, sports, and a whole way of being--has become the defining ethos for a generation. Its influence has spread from the state's capital to the nation's capital, from the Pineapple to the Big Apple, from 'Frisco to Maine, and then on to Spain.

But moving far beyond the music, hip hop has emerged as a social and cultural movement, displacing the ideas of the Civil Rights era. Todd Boydmaintains that a new generation, having grown up in the aftermath of both Civil Rights and Black Power, rejects these old school models and is instead asserting its own values and ideas. Hip hop is distinguished in this regard because it never attempted to go mainstream, but instead the mainstream came to hip hop.

The New H.N.I.C., like hip hop itself, attempts to keep it real, and challenges conventional wisdom on a range of issues, from debates over use of the "N-word," the comedy of Chris Rock, and the "get money" ethos of hip hop moguls like Sean "P. Diddy" Combs and Russell Simmons, to hip hop's impact on a diverse array of figures from Bill Clinton and Eminem to Jennifer Lopez.

Maintaining that Martin Luther King, Jr.'s "I Have a Dream" speech is less important today than DMX's "It's Dark and Hell is Hot," Boyd argues that Civil Rights as a cultural force is dead, confined to a series of media images frozen in another time. Hip hop, on the other hand, represents the vanguard, and is the best way to grasp both our present and future.

The exceptionality of America's Supreme Court has long been conventional wisdom. But the U.S. Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France, has become, in many ways, the Supreme Court of Europe. Michael D. Goldhaber introduces American audiences to the judicial arm of the Council of Europe - a group distinct from the European Union, and much larger - whose mission is centered on interpreting the European Convention on Human Rights. The council routinely confronts nations over their most culturally sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration, Ireland on abortion, Greece on Greek Orthodoxy, Turkey on Kurdish separatism, Austria on Nazism, and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

This collection of eleven original essays interrogates the concept of freedom and recenters our understanding of the process of emancipation. Who defined freedom, and what did it mean to nineteenth-century African Americans, both during and after slavery? Some of the essays disrupt the traditional story and time-frame of emancipation.