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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
We are now entering an era where the human world assumes recognition of itself as data. Much of humanity's basis for existence is becoming subordinate to software processes that tabulate, index, and sort the relations that comprise what we perceive as reality. The acceleration of data collection threatens to relinquish ephemeral modes of representation to ceaseless processes of computation. This situation compels the human world to form relations with non-human agencies, to establish exchanges with software processes in order to allow a profound upgrade of our own ontological understanding. By mediating with a higher intelligence, we may be able to rediscover the inner logic of the age of intelligent machines. In The End of the Future, Stephanie Polsky conceives an understanding of the digital through its dynamic intersection with the advent and development of the nation-state, race, colonization, navigational warfare, mercantilism, and capitalism, and the mathematical sciences over the past five centuries, the era during which the world became "modern." The book animates the twenty-first century as an era in which the screen has split off from itself and proliferated onto multiple surfaces, allowing an inverted image of totalitarianism to flash up and be altered to support our present condition of binary apperception. It progresses through a recognition of atomized political power, whose authority lies in the control not of the means of production, but of information, and in which digital media now serves to legitimize and promote a customized micropolitics of identity management. On this new apostolate plane, humanity may be able to shape a new world in which each human soul is captured and reproduced as an autonomous individual bearing affects and identities. The digital infrastructure of the twenty-first century makes it possible for power to operate through an esoteric mathematical means, and for factual material to be manipulated in the interest of advancing the means of control. This volume travels a course from Elizabethan England, to North American slavery, through cybernetic Social Engineering, Cold War counterinsurgency, and the (neo)libertarianism of Silicon Valley in order to arrive at a place where an organizing intelligence that started from an ambition to resourcefully manipulate physical bodies has ended with their profound neutralization.
An eighth-generation Charlestonian with a prestigious address, impeccable social credentials, and years of intimate association with segregationist politicians, U.S. District Court Judge Julius Waties Waring shocked family, friends, and an entire state in 1945 when, at age sixty-five, he divorced his wife of more than thirty years and embarked upon a far-reaching challenge to the most fundamental racial values of his native region. The first jurist in modern times to declare segregated schooling "inequality per se," Waring also ordered the equalization of teachers' salaries and outlawed South Carolina's white primary. Off the bench, he and his second wife--a twice-divorced, politically liberal Northerner who was even more outspoken in her political views than Waring himself--castigated Dixiecrats and southern liberals alike for their defense of segregation, condemned the "sickness" of white southern society, urged a complete breakdown of state-enforced bars to racial intermingling, and entertained blacks in their home, becoming pariahs in South Carolina and controversial figures nationally. Tinsley Yarbrough examines the life and career of this fascinating but neglected jurist, assessing the controversy he generated, his place in the early history of the modern civil rights movement, and the forces motivating his repudiation of his past.
In August 1906, black soldiers stationed in Brownsville, Texas, were accused of going on a lawless rampage in which shots were fired, one man was killed, and another wounded. Because the perpetrators could never be positively identified, President Theodore Roosevelt took the highly unusual step of discharging without honor all one hundred sixty-seven members of the black battalion on duty the night of the shooting. This book investigates the controversial action of an otherwise much-lauded president, the challenge to his decision from a senator of his own party, and the way in which Roosevelt's uncompromising stance affected African American support of the party of Lincoln. Using primary sources to reconstruct the events, attorney Harry Lembeck begins at the end when Senator Joseph Foraker is honored by the black community in Washington, DC, for his efforts to reverse Roosevelt's decision. Lembeck highlights Foraker's courageous resistance to his own president. In addition, he examines the larger context of racism in the era of Booker T. Washington and W.E.B. Du Bois, pointing out that Roosevelt treated discrimination against the Japanese in the West much differently. He also notes often-ignored evidence concerning the role of Roosevelt's illegitimate cousin in the president's decision, the possibility that Foraker and Roosevelt had discussed a compromise, and other hitherto overlooked facts about the case. Sixty-seven years after the event, President Richard Nixon finally undid Roosevelt's action by honorably discharging the men of the Brownsville Battalion. But, as this thoroughly researched and engrossing narrative shows, the damage done to both Roosevelt's reputation and black support for the Republican Party lingers to this day.
The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People's Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
"In The Human Rights Movement," the author examines why human rights abuses have continued to exist and even increase in number. According to Holleman, the reason for this failure is that Western and non-Western nations and cultures disagree as to the meaning of human rights and the means for promoting human rights from nation to nation and culture to culture. Christian theological anthropology suggests a via media between Western and non-Western points of view.
In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labor. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labor ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. He situates the emergence of American citizenship and the American novel within the context of Atlantic slavery and Anglo-American legal culture, placing early American texts by Hector St. John de Crevecoeur, Benjamin Franklin, and Charles Brockden Brown alongside Black Atlantic texts by Ottobah Cugoano and Olaudah Equiano. Beginning with a revisionary reading of the Constitution's "slavery clauses," Phan recovers indentured servitude as a transitional form of labor bondage that helped define the key terms of modern U.S. citizenship: mobility, volition, and contract. Bonds of Citizenship demonstrates how citizenship and civic culture were transformed by antebellum debates over slavery, free labor, and national Union, while analyzing the writings of Frederick Douglass and Herman Melville alongside a wide-ranging archive of lesser-known antebellum legal and literary texts in the context of changing conceptions of constitutionalism, property, and contract. Situated at the nexus of literary criticism, legal studies, and labor history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture.Hoang Gia Phanis Associate Professor of English at the University of Massachusetts, Amherst.In theAmerica and the Long 19th CenturyseriesAn ALI book
This collection of essays on the current human rights climate in 19 countries includes Canada, Chile, China, Cuba, Israel, Poland, the USA, and USSR, and represents a variety of regimes, cultural traditions, and geographical areas. . . . For analysis of the facts this volume excels. A well-crafted introduction describes current debate about human rights theory and practice, traces the development of human rights instruments, and discusses problems of implementation. Strongly recommended. "Library Journal" The bulk of the scholarly literature on human rights deals with international law and politics. In contrast, this volume offers nineteen case studies of national human rights practices. Although international factors cannot be ignored, most human rights violations are perpetrated by states against their own citizens; the principal causes of the respect for and violation of human rights lie in national social and political structures.
David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.
This authoritative book provides a deeply informed overview of one of the most dynamic social movements in Latin America. Focusing on contemporary Indigenous movements in Ecuador, leading scholar Marc Becker traces the growing influence of the Confederation of Indigenous Nationalities of Ecuador (CONAIE), which in 1990 led a powerful uprising that dramatically placed a struggle for Indigenous rights at the center of public consciousness. Activists began to refer to this uprising as a "pachakutik," a Kichwa word that means change, rebirth, and transformation, both in the sense of a return in time and the coming of a new era. Five years later, proponents launched a new political movement called Pachakutik to compete for elected office. In 2006, Ecuadorians elected Rafael Correa, who many saw as emblematic of the new Latin American left, to the presidency of the country. Even though CONAIE, Pachakutik, and Correa shared similar concerns for social justice, they soon came into conflict with each other. Becker examines the competing strategies and philosophies that emerge when social movements and political parties embrace comparable visions but follow different paths to realize their objectives. In exploring the multiple and conflictive strategies that Indigenous movements have followed over the past twenty years, he definitively documents the recent history and charts the trajectory of one of the Americas' most powerful and best organized social movements.
A definitive survey of the Iranian women's movement from its origins in the Pre-Pahlavi period to its status under Khomeini.
The social security of a person in the modern world can only be ensured by a purposeful policy and actions of the state and society aimed at achieving it. This requires favorable socio-economic conditions and creating an effective personal security system protecting property and citizens. Human social security can be threatened by phenomena and processes that lead to drastic changes in the life of society and dangerous deformations that entail severe social consequences for the individual, social groups, and institutions. Regulating Human Rights, Social Security, and Socio-Economic Structures in a Global Perspective discusses the global regulation of human rights, social security, and socio-economic structures in an era of acute challenges and crises. It presents comprehensive research on political structures and the conflicts within causing challenges to individual identity and insecurity. Covering topics such as legal-socio studies, digital authoritarianism, and regional security, this premier reference source is an essential resource for government officials, politicians, geopolitical experts, economists, non-profit organizations, human rights advocates, libraries, students, researchers, and academicians.
The problem of the Twentieth Century is the problem of the color-line. Du Bois's prophetic statement, made at the beginning of the century, is as true today at the dawn of the 21st century. Presenting fresh, contemporary perspectives on a centuries-old problem, the contributors to this volume, including top scholars in sociology and political science, show that race-politics remains a part of the new millennium despite past efforts to erase discriminatory practices. From an initial reconsideration of the DuBois-Washington debate to Derrick Bell's essay on the pitfalls of doing good, the book illustrates that the debate about race remains a firm part of our social fabric, begging for a solution to change old and new feelings about race in the United States. Grappling with enduring issues of race and identifying new racial realities, the volume examines the white backlash to affirmative action, the organizational structure of affirmative action, the impact of social networks on occupational mobility, upward mobility and minority neighborhoods, and inner-city entrepreneurship. America's changing configuration to a multi-ethnic, multi-racial population is considered in a chapter speculating on the impact for African Americans. In conclusion, the book suggests ways to take positive action.
Grounded Identities: Territory and Belonging in the Medieval and Early Modern Middle East and Mediterranean is a collection of essays on attachment to specific lands including Kurdistan, Andalusia and the Maghrib, and geographical Syria in the pre-modern Islamicate world. Together these essays put a premium on the affective and cultural dimensions of such attachments, fluctuations in the meaning and significance of lands in the face of historical transformations and, at the same time, the real and persistent qualities of lands and human attachments to them over long periods of time. These essays demonstrate that grounded identities are persistent and never static. Contributors are: Zayde Antrim, Alexander Elinson, Mary Hoyt Halavais, Boris James, Steve Tamari.
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
Peter Liddel offers a fresh approach to the old problem of the nature of individual liberty in ancient Athens. He draws extensively on oratorical and epigraphical evidence from the late fourth century BC to analyse the ways in which ideas about liberty were reconciled with ideas about obligation, and examines how this reconciliation was negotiated, performed, and presented in the Athenian law-courts, assembly, and through the inscriptional mode of publication. Using modern political theory as a springboard, Liddel argues that the ancient Athenians held liberty to consist of the substantial obligations (political, financial, and military) of citizenship.
This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.
From consumer boycotts and buycotts to social movement campaigns, examples of individual and collective actors forging political struggles on markets are manifold. The clothing market has been a privileged site for such contention, with global clothing brands and retailers being targets of consumer mobilization for the past 20 years. Labels and product lines now attest for the ethical quality of clothes, which has, in turn, given rise to ethical fashion. The Fight for Ethical Fashion unveils the actors and processes that have driven this market transformation through a detailed study of the Europe-wide coordinated campaign on workers' rights in the global textile industry - the Clean Clothes Campaign. Drawing on insights from qualitative fieldwork using a wide range of empirical sources, Philip Balsiger traces the emergence of this campaign back to the rise of 'consumer campaigns' and shows how tactics were adapted to market contexts in order to have retailers adopt and monitor codes of conduct. By comparing the interactions between campaigners and their corporate targets in Switzerland and France (two countries with a very different history of consumer mobilization for political issues), this ground-breaking book also reveals how one campaign can provoke contrasting reactions and forms of market change.
From its beginning as an independent state, Israel has been beset by the divisions and tensions that characterize most ethnically mixed societies. Kraus and Hodge investigate the process of stratification in Israel and document what happened to Arabs as well as to Jewish immigrants and their children in the Promised Land by tracing not just the socioeconomic locations, but also the proximate social determinants of the locations of significant ethnic, cultural, gender, and religious groups. The first extensively detailed analysis to account for status attainment in Israel, this work contributes to a general understanding of the status-attainment process in ethnically heterogeneous societies by focusing on the experience of immigrants as they carved out careers in their homeland. By generalizing the results for Israel, the authors contend, the study illustrates processes that occurred during periods of sustained immigration in the United States and other ethnically and religiously heterogeneous populations for which relevant data can no longer be collected. Many of the research findings about Israeli society have significant implications for social policy in Israel and elsewhere. The investigation begins with a brief review of relevant recurring themes in the sociological literature with particular reference to the functional theory of stratification to provide a theoretical background for the study--the authors' novel analyses have not been reported elsewhere. Chapter 2 provides the social context by presenting a picture of Israeli society and its development. The extension of the scope of functional theory is worked out in chapter 3 which develops a basic model of the status-attainment process in Israeli society. Chapters 4 through 6 propose two alternative hypotheses for ethnic stratification in Israel and test them by examining the attainment process in the two main Jewish ethnic groups. Chapter 7 discusses the two hypotheses by distinguishing between Arabs and Jewish ethnic groups. In chapter 8 the attainment processes of ethnic and gender groups are examined. Kraus and Hodge conclude with an overview of findings and places the Israeli case in comparative perspective. Promises in the Promised Land will be of interest to students of Israeli society and to scholars concerned with issues of racial and ethnic stratification, immigration, and status-attainment processes. Informal Israel watchers of all backgrounds and persuasions as well as policy-makers, especially those working in multiethnic societies where national policy can impact profoundly on sociocultural integration, will find the insights offered here of particular value.
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.
The twentieth century has been described as the bloodiest in human history, but it was also the century in which people around the world embraced ideas of democracy and human rights as never before. They constructed social, political and legal institutions seeking to contain human behaviour, ensuring that by the turn of the twenty- first century more countries were democratic than non-democratic and the protection of human rights had been extended far beyond the expectations of the creators of the Universal Declaration of Human Rights. Todd Landman offers an optimistic, yet cautionary tale of these developments, drawing on the literature from politics, international relations and international law. He celebrates the global turn from tyranny and violence towards democracy and rights but he also warns of the precariousness of these achievements in the face of democratic setbacks and the undermining of rights commitments by many countries during the controversial "War on Terror."
To most Americans, Malcolm X and Martin Luther King Jr. represent contrasting ideals: self-defense versus nonviolence, Black Power versus civil rights, the sword versus the shield. The struggle for Black freedom is wrought with the same contrasts. While nonviolent direct action is remembered as an unassailable part of American democracy, the movement's militancy is either vilified or erased outright. In The Sword and the Shield, Peniel E. Joseph upends these misconceptions and reveals a nuanced portrait of two men who, despite markedly different backgrounds, inspired and pushed each other throughout their adult lives. Now updated with a new afterword, this is a strikingly revisionist account of Malcolm and Martin, the era they defined, and their lasting impact on today's Movement for Black Lives.
This volume addresses the conditions allowing the transformation of specific children s rights into capabilities in settings as different as children s parliaments, organized leisure activities, contexts of vulnerability, children in care. It addresses theoretical questions linked to children s agency and reflexivity, education, the life cycle perspective, child participation, evolving capabilities and citizenship. The volume highlights important issues that have to be taken into account for the implementation of human rights and the development of peoples capabilities. The focus on children s capabilities along a rights-based approach is an inspiring perspective that researchers and practitioners in the field of human rights would like to deepen. " |
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