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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime.This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.
This book analyses large-scale land investments for agricultural purposes in Africa's least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries' local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.
View the Table of Contents. Read Chapter 1. aJackson is at his best when exposing the connections of leading
racialists with former Nazi party members and Holocaust-denial
groups.a aA well-researched and well-argued book....Jackson underscored
the nexus of asciencea and arace, a probes the ademarcation between
science and politics, a and questions the very meaning of
aobjectivea scientific inquiry.a aScience for Segregation adds considerably to our understanding
of racist ideologies and their persistance in the post-war era. The
author has done an admirable job of covering a forgotten chapter in
the struggle over segregation and shedding light on how scientific
research can become highly politicized.a "This book asks if science can be divorced from politics. . . .
Recommended." aA fascinating and comprehensive look at a largely neglected
aspect of American history--the role of science and scientists in
supporting and sustaining white racist thought and institutions
during the battle over de-segregation. And like most good social
history, it does not require much strain to draw the relevance to
today's debates about the salience of biological taxonomies of
race.a aA very important book that explores the fuzzy zone between
science and pseudo-science, exposing the political action of
right-wing scientists in the 1950s and 1960s who argued for school
segregation on ostensibly scientific grounds. The role of science
as an authority in society has never been more evident than in the
work and rhetoric of these zealouslyracist scholars. This
well-researched book is a must-read for anyone interested in modern
debates over the study of human diversity or the role of science in
contemporary society.a aA deeply-researched, fascinating, and judicious assessment of
the ascientifica arguments that were marshaled against the Supreme
Courtas landmark school desegregation decision. Jackson has made a
contribution that will endure.a aJacksonas thorough research and a nuanced understanding of the
complexities of race and law provide a disturbing cadence to the
ongoing debate on race in America.a In this fascinating examination of the intriguing but understudied period following the landmark "Brown v. Board of Education" decision, John Jackson examines the scientific case aimed at dismantling the legislation. Offering a trenchant assessment of the so-called scientific evidence, Jackson focuses on the 1959 formation of the International Society for the Advancement of Ethnology and Eugenics (IAAEE), whose expressed function was to objectively investigate racial differences and publicize their findings. Notable figures included Carleton Putnam, Wesley Critz George, and Carleton Coon. In an attempt to link race, eugenics and intelligence, they launched legal challenges to the Brown ruling, each chronicled here, that went to trial but ultimately failed. The history Jackson presents speaks volumes about the legacy of racism, as we can see similar arguments alive and well today in such books as "The Bell Curve" and in otherdebates on race, science, and intelligence. With meticulous research and a nuanced understanding of the complexities of race and law, Jackson tells a disturbing tale about race in America.
In many respects, the United States remains a nation of immigrants. This is the first book length treatment of the impact of the 1996 welfare reform act on a wide range of immigrant groups in North America. Contributors to the book draw on ethnographic fieldwork, government data, and original survey research to show how welfare reform has reinforced socio-economic hardships for working poor immigrants. As the essays reveal, reform laws have increased the social isolation of poor immigrant households and discouraged large numbers of qualified immigrants from applying for health and welfare services. All of the articles highlight the importance of examining federal policy guidelines in conjunction with local enforcement policies, labor market dynamics, and immigrant attitudes toward government agencies.
Offering an up-to-date and comprehensive resource for students and general readers investigating human trafficking, this book examines the phenomenon in its many forms, the factors contributing to its existence, the victims it affects, and those who perpetrate this horrific crime. The horrific reality is that millions of human beings are bought and sold every year worldwide. Human trafficking is not an obsolete practice, and these crimes are not rare in occurrence. Recent examples of human trafficking such as the abduction of hundreds of Nigerian schoolgirls by the terrorist organization Boko Haram and depictions of trafficking in films such as Taken have brought human trafficking squarely into the public eye. This book offers a comprehensive understanding of human trafficking in its many forms. It examines the traffickers who range from single operators to large, transnational organizations and investigates how they coerce, deceive, and exploit their victims in the domestic service, farming, construction, and sex industries as well as in the harvesting of organs. The coverage includes common practices of human trafficking like sexual exploitation of women in Western and Central Europe, labor exploitation in the Middle East, and the exploitation of children in Western and Central Africa. Readers are introduced to various experts who have rescued and worked with victims, prosecuted cases, and conducted research to gain more insight into this crime and serious abuse of human rights, and they will gain insight into how a number of people and organizations are working to combat human trafficking and protect victims. Primary source documents that include reports by government, international organizations, and NGOs serve to aid readers in acquiring more knowledge on the topic. Provides readers with a greater understanding of the complexities of human trafficking-from lack of clarity in the definition to the problem of identifying victims-and how human trafficking differs from human smuggling Enables a greater appreciation for the social, economic, cultural, and environmental factors that contribute to human trafficking and suggests how these crimes should be addressed Suggests measures that have been introduced and must be applied more extensively to combat trafficking and protect potential victims
What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of 'a right' abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.
With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature
This study established an intellectual profile of Albert Gallatin through his vision of government's role in a democratic republic and the republic's role in the community of nations. Only through a comprehensive analysis of Gallatin's political and diplomatic activities can the student of history learn to see his actions as expressions of clearly formulated principles. Gallatin was much more involved in the shaping of administrative policy than has been recognized. Moreover, he followed his unique Gallatinian approach to domestic policy as well as international diplomacy, always in pursuit of one paramount objective: the preservation of individual liberty within the context of a republic.
In "The Last Crusade, " Gerald McKnight examines the Poor People's Campaign, the last large-scale demonstration of civil rights-era America, and the systematic efforts of FBI director J. Edgar Hoover and his executive officers to subvert King's ambitious effort to force the federal government to live up to its promises of a Great Society. The book also looks at King's last days as he helped Memphis sanitation workers in their labor-cum-civil rights struggle with a recalcitrant and racist city government. Although there is no persuasive evidence that the FBI and the Memphis police conspired to assassinate King, McKnight marshals evidence to show that neither agency was blameless.The conventional view of the Poor People's Campaign is that it was a self-inflicted failure. The blame rested squarely on the shoulders of the second-raters of the Southern Christian Leadership Conference who failed to fill the leadership vacuum after King's assassination. But, as McKnight shows, there was a hidden, dark counterpoint to the accepted version--namely, the triumph of the 1960s American surveillance state and its repressive power and flagrant violation of protected freedoms. In fact, whatever the FBI wanted to do to disrupt the Campaign, it did, aided and abetted by local police agencies and elements of the federal government, including military intelligence.
This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in various social contexts. The first part of the book opens up new discourses and presents new ontologies and epistemologies from scholars in human rights, human rights education and human rights literacies to critique and/or justify the understandings of human rights' complex applications. Today's rapidly changing social contexts and new languages attempting to understand ongoing dehumanization and violations, put enormous pressure on higher education, educators, individuals working in social sciences, policy makers and scholars engaged in curricula making.The second part demonstrates how global interactions between citizens from different countries with diverse understandings of human rights (from developed and developing democracies) question the link between human rights and it's in(ex)clusive Western philosophies. Continuing inhumane actions around the globe reflect the failure of human rights law and human rights education in schools, higher education and society at large. The book shows that human rights education is no longer a blueprint for understanding human rights and its universal or contextual values presented for multicomplexial societies. The final chapters argue for new ontologies and epistemologies of human rights, human rights education and human rights literacies to open-up difficult conversations and to give space to dissonant and disruptive discourses. The many opportunities for human rights education and literacies lies in these conversations.
Published under the auspices of the Consortium on Human Rights Development, this book presents a comparative analysis of two legal instruments: one national--the New Tanzanian Bill of Rights--and the other regional--The African Charter on Human Rights and People's Rights. Both are important for the purposes of protection and promotion of human rights. Human Rights in Africa records the movement towards anarchy and dictatorship in Africa which contributed tremendously to the new thinking and re-thinking about the need to respect human dignity in Africa. In this book, the author poignantly illustrates the national disregard of human rights. Taking the case of Tanzania, Peter shows various incidents of violation of human rights. He then cites examples of violations at different levels in other African and Third World countries. Part One of the book presents an historical examination of the Tanzanian Bill of Rights and the African Charter on Human and People's Rights. Part Two offers a thorough comparison of these two legal instruments. Part Three covers the entire scope of people's rights and Parts Four and Five take a look at the enforcement mechanism of these legal instruments. Part Six presents the author's conclusions and summary statements. Both the New Tanzanian Bill of Rights and the African Charter on Human and People's Rights can be found in their entirety in the Appendix. This book makes informative reading to anyone interested in international law, African history, human rights and related subjects.
"The Ambivalent Welcome" describes how leading magazines and the New York Times covered and interpreted U.S. immigration policy, and public attitudes about the impact of immigrants on the American economy and social fabric. Rita J. Simon and Susan H. Alexander examine print media coverage of immigration issues from 1880, the onset of the new immigration, to the present, and find that most magazines, like most Americans, have vehemently opposed new immigrants. Part One begins with a chapter providing statistics on the number of immigrants and refugees by country of origin from 1810 to 1990, and estimates of the number of illegals who have entered the United States. Chapter 2 discusses U.S. immigration acts and summarizes the major political party platforms on immigration from the mid-nineteenth century through the present. Results of all national poll data regarding immigrants and refugees since the availability of such data (1930s) are reported in Chapter 3. Part Two discusses in detail particular magazines, including "North American RevieW," "Saturday Evening Post," "Literary Digest, Harper'S," "Scribner's, Atlantic Monthly," "The Nation," "Christian Century," "Commentary," "Commonweal," "Reader's Digest," "Time," "Life," "Newsweek," "U.S. News and World Report," and the editorials of the "New York TimeS." Following a summary chapter, Appendix A provides a profile of each of the magazines, including the date of its founding, its editors and publishers, circulation, characteristics of its readers, and an assessment of its influence on immigration. Appendix B describes the major American anti-immigration movements.
Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.
In Print the Legend: Politics, Culture, and Civic Virtue in the Films of John Ford, a collection of writers explore Ford's view of politics, popular culture, and civic virtue in some of his best films: Drums Along the Mohawk, The Searchers, The Man Who Shot Liberty Valance, Stagecoach, How Green Was My Valley, and The Last Hurrah. John Ford, more than most motion picture directors, invites his viewers into a serious discussion of these themes. For instance, one can consider Plato's timeless question 'What is justice?' in The Man Who Shot Liberty Valance, vengeance as classical Greek tragedy in The Searchers, or ethnic politics in The Last Hurrah. Ford's films never grow stale or seem dated because he continually probes the most important questions of our civic culture: what must we do to survive, prosper, pursue happiness, and retain our common decency as a regime? Further, viewing them from a distance of time, we are subtly invited to ask whether anything has been lost or gained since Ford celebrated the civic virtues of an earlier America. Is Ford's America an idealized America or a lost America?
Disability and Disaster adds disaster research to the expanding area of disability studies. The book includes writings by international scholars and first-hand narratives from individuals with disabilities affected by disasters around the globe. Hazards described in these narratives include earthquakes, hurricanes, floods, fires, and war.
Garret deals with the issue of humanitarian intervention, of which the recent Kosovo conflict provides a prime example. Even though the writing of this book was completed before NATO began its intervention on behalf of the Kosovars, the book provides a valuable background for assessing the Kosovo issue--it lays out the history of previous humanitarian interventions and analyzes the controversies surrounding them. Garret provides a sophisticated framework by which such interventions can be evaluated both morally and pragmatically. His book offers some particularly relevant material on the American role in humanitarian interventions. This book is valuable for those who wish to make sense of the pros and cons of humanitarian efforts in international hot spots, like Kosovo. After an analysis of the legal and philosophical issues bearing on the idea of humanitarian intervention, defined as the use of force by one or more states to remedy severe human rights abuses in a particular country--this study focuses upon the moral duties that individual members of the international community have toward the welfare of others. Recent events have indicated that humanitarian intervention will likely play a larger role in international relations in the future. Examples in the contemporary period include Kosovo Somalia, Liberia, Haiti, the Kurds in Iraq, Uganda, and East Pakistan. This book emphasizes the role of the United States in humanitarian intervention and argues that increased American involvement is essential. Garrett suggests that the American people as a whole may be more prepared to see the United States take an active role in humanitarian intervention than are certain media and government elites. Strong national leadership that stresses the moral duty of the United States will be necessary to tap this latent altruism in order to contribute to higher standards of international human rights. Individual topics include assessment criteria for the moral legitimacy of intervention, unilateral versus multilateral efforts, and factors that appear to persuade or dissuade states from participating in such intervention. This volume focuses on certain themes and patterns in humanitarian intervention, which are then illustrated by using historical data taken from a variety of different examples.
What should be demanded -- in the name of the protection of liberty, equality, and stability -- of citizens? Since the seventeenth century, liberal thought has been interested in the rights of individuals and their capacity to engage as free equals in the political activity of their community. This volume presents new essays by writers including Jim Tully, Alan Patten, and Philippe van Parijs that offer a fresh perspective on citizenship. After two decades of strident individualism, the contributors argue that it is time to go beyond the standard concern of what can be ascribed to citizens.
This book addresses the relationship of citizenship and public management in Europe. After fifteen years of State reform, it is time for an overall discussion of the theoretical and empirical impact and limits of New Public Management, as one of the latest re-orientations in public administration, on the practice of citizenship. All the authors have pointed out the tension between a focus on improvement of state bureaucracies, on the one hand, and the involvement of citizens in the co-production of policies on the other. They point to a fundamental change that is taking place: the importance of state apparatuses for the development and sustainability of viable societies is being de-emphasised and special attention to "governance" is now taking over the central place, that for so long has been occupied by attention to "government." Through the co-production of public policies by citizens and public authorities working together, a new civil society is emerging. This book highlights the fact that the re-invention of the citizen is of crucial importance to public administrative practice, as well as to the various public administration disciplines in Europe.
This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.
The way that movements communicate with the general public matters for their chances of lasting success. Devo Woodly argue that the potential for movement-led political change is significantly rooted in mainstream democratic discourse and specifically in the political acceptance of new issues by news media, the general public, and elected officials. This is true to some extent for any group wishing to alter status quo distributions of rights and/or resources, but is especially important for grassroots challengers who do not already have a place of legitimated influence in the polity. By examining the talk of two contemporary movements, the living wage and marriage equality, during the critical decade after their emergence between 1994-2004, Woodly shows that while the living wage movement experienced over 120 policy victories and the marriage equality movement suffered many policy defeats, the overall impact that marriage equality had on changing American politics was much greater than that of the living wage because of its deliberate effort to change mainstream political discourse, and thus, the public understanding of the politics surrounding the issue.
The height of colonial rule on the African continent saw two prominent religious leaders step to the fore: Desmond Tutu in South Africa, and Abel Muzorewa in Zimbabwe. Both Tutu and Muzorewa believed that Africans could govern their own nations responsibly and effectively if only they were given the opportunity. In expressing their religious views about the need for social justice each man borrowed from national traditions that had shaped policy of earlier church leaders. Tutu and Muzorewa argued that the political development of Africans was essential to the security of the white settlers and that whites should seek the promotion of political development of Africans as a condition of that future security. Desmond Tutu and Abel Muzorewa were both motivated by strong religious principles. They disregarded the possible personal repercussions that they might suffer as a result of their efforts to alter the fundamental bases of their colonial governments. Each man hoped to create a new national climate in which blacks and whites could cooperate to build a new nation. Each played a part in eventual independence for Zimbabwe in 1980 and for South Africa in 1994. Mungazi's examination of their efforts reveals how individuals with strong convictions can make a difference in shaping the future of their nations. |
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