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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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
The debut of a brand-new civics series for high school seniors and college freshmen that clearly, concisely, and cleverly explains how the United States elects its president.
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.
This vital book considers the compelling and addictive hold that racism has had on centuries of Americans, explores historical and contemporary norms complicit in the problem, and appeals to the U.S. government to improve race relations, rectify existent social imperfections, and guard against future race-based abuses. Despite an assertion by the founding fathers that "all men are created equal" and the Fourteenth Amendment to the U.S. Constitution that guarantees "equal protection," the race-based oppression that has characterized most of America's history shows that in practice our society has rarely measured up to principle. Why has deep-seated racial conflict in America continued for so long? This unprecedented examination into the topic explores the evidence and consequences of what seems to be an "addiction" to racism in the United States, analyzing the related disconnect between our nation's stated moral principles and social realities, and assessing how U.S. citizens of all races can take individual action to start the long-needed healing process. The contributors to this work present interdisciplinary perspectives and discussions on American history, politics, philosophy, and 21st-century psycho-social conditions as they relate to the oppression, social injustice, and racism that have occurred-and continue to occur-in the United States. The discussions allow readers to grasp the serious challenges at hand and direct them towards recognizing the potential for conflict transformation and reconciliation through a non-conventional co-created Truth, Reconciliation, and Peace Process (TRPP) to begin resolving America's dysfunction. This is essential reading for anyone who seeks to understand the sources of perpetual racially based conflict, disparity, and hatred in the United States; identify the social injuries of exposure to centuries of racism; move America towards harmonious interracial relationships; and improve its international standing as a peace-building nation that is truly committed to human rights throughout the world. Presents the inescapable evidence of persistent social violence, inequalities, and injustices perpetrated against blacks within America's borders prior to and for centuries since the nation's founding Identifies the negative psycho-social consequences and harmful impact of "transgenerated trauma"-based on the experiences of living in an overtly oppressive society for centuries-on both the oppressed and the oppressor in America Emphasizes the necessity for all American citizens to share the responsibility for exposing historical truths, working through painful memories and realities, engaging in long-avoided dialogue, and implementing systems to assure a more just America for all its citizens
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 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.
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.
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.
As confidential information relating to the lives of millions of citizens continues to be stored in data banks and other electronic systems, Americans are becoming increasingly aware of potential and actual infringements of their right of privacy. What is less apparent, however, is precisely what this right consists of and how it may be protected. In his clear and straightforward exposition of the subject, Warren Freedman delineates the substance and parameters of the right of privacy, the practices that violate it, and available judicial remedies, incorporating practically oriented commentary on applicable case law. Written by an experienced legal professional, this book offers guidance on a timely and complex subject using a minimum of complex language.
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. "
Decision makers' attitude towards women and gender has a significant influence on development, especially after conflict. This book analyses the effects of gender-inclusive policies deployed by the Kurdistan Regional Government in the areas of politics, the economy and education on the region and its people.
The dramatic events of the twentieth century have often led to the mass migration of intellectuals, professionals, writers, and artists. One of the first of these migrations occurred in the aftermath of the Russian Revolution, when more than a million Russians were forced into exile. With this book, Marc Raeff, one of the world's leading historians of Russia, offers the first comprehensive cultural history of the "Great Russian Emigration." He examines the social and institutional structure of the emigration and describes its rich cultural and intellectual life. He points out that what distinguishes this emigration from other such episodes in European history is the extent to which the emigres succeeded in reconstituting and preserving their cultural creativity in the West. The flourishing Russian communities of Paris, Berlin, Prague and Kharbin not only enriched Russian arts and letters, but also significantly influenced the culture of their Western hosts, and Raeff concludes with an assessment of their impact on the development of modern Western and Soviet culture.
Tracing the battles between the repressors and proponents of free speech, this chronology overviews press and speech freedoms in the United States from 1619 through 1995. Beginning with the American Colonies, the volume covers the religious refugees and political dissidents who settled the Colonies and the press that heated up the struggle to rid America of the Crown. Although freedom of speech and the press became constitutional rights 15 years after the Declaration of Independence, these rights fared poorly until after World War II. This book traces the struggles, the press, and the contending views from 1760 to 1960 and the 35 years of commitment to freedom from 1960 to 1995. Arranged by year, the entries in the chronology include the views and comments of persons in favor of or opposed to freedom of speech, events that affected press freedoms, and technological changes that have had an impact.
Based on first-hand interviews, this is an in-depth look at the people under 35 years old who run for office in the US. Award-winning journalist John Celock interviewed over ninety young leaders across America serving in various capacities, from Vice President and Governor to Senator and County Legislator, to provide an in-depth look at the challenges of political participation for young elected officials. The interviews are complemented by extensive research to answer such questions as why do young people run for office? What personal obstacles do they face as they seek office? Does age affect policymaking? A lively work that connects academic research with practical politics, "The Next Generation" includes a range of stories, from Steven Fulop who left Goldman Sachs following 9/11 to become a Marine to Jane Swift, the first governor to give birth while in office. The thematically organized chapters offer a thorough look at the political process across the United States, providing key information for anyone interested in state and local politics, political participation, and American government.
Since the 1990s, the field of transitional justice has exploded with international support for the establishment of trials, truth commissions, and other measures aimed at helping societies address massive human rights violations. The United States' role has been particularly significant, providing extensive funding, political support, and technical assistance to such measures. Surprisingly, however, scant attention has been paid to analyzing the country's approach to transitional justice. In this book, Bird offers the first systematic and cross-cutting account of US foreign policy on transitional justice. She examines the development of US foreign policy on the field from World War I to the present, with an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. She supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, Bird shows how diverse interests and the constantly evolving priorities of presidential administrations, Congress, the State Department, and other agencies shape US involvement in transitional justice. Despite bureaucratic battles, Bird argues that US foreign policy on transitional justice is surprisingly consistent and characterized by an approach that is value-driven, strategic, and retributive. She demonstrates how this approach has influenced the field as a whole, including the type of transitional justice measures selected, their design, and how they are implemented.
This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.
The theories and case studies examined in this volume constitute a thorough study of foreign intervention in civil conflicts for the purpose of rendering humanitarian aid. The classical paradigm of the ethics of intervention forbids the violation of territorial sovereignty. Public international law and the UN charter also mandate nonintervention within the territorial boundaries of a state. Nevertheless, in recent years, as a result of brutal civil conflicts and their violent and inhumane consequences--as in Rwanda, Bosnia, and Cambodia--international aid interventions have become an accepted practice. Still, international humanitarian aid involves unsettled, controversial issues--dilemmas concerning donors, recipients, and international organizations. These issues, as well as the concepts of sovereignty, human rights, coercive interventions, and peacekeeping, are critically evaluated in this volume, which will be of interest to scholars and policymakers in international relations, human rights, and military affairs.
Recent technological advancements have made it possible to use moderated discussion threads on social media to provide citizens with a means of discussion concerning issues that involve them. With the renewed interest in devising new methods for public involvement, the use of such communication tools has caused some concern on how to properly apply them for strategic purposes. The Handbook of Research on Using New Media for Citizen Engagement provides emerging research exploring the theoretical and practical aspects of how social media should be added to public-involvement activities such as citizen juries, public deliberation, and citizen panels. Readers will be offered insights into the critical design considerations for planning, carrying out, and assessing public-involvement initiatives. Featuring coverage on a broad range of topics such as citizen journalism, online activism, and public discourse, this book is ideally designed for corporate professionals, broadcasters, news writers, column editors, politicians, policy managers, government administrators, academicians, researchers, practitioners, and students in the fields of political science, communications, sociology, mass media and broadcasting, public administration, and community-service learning.
Security concerns increasingly influence foreign aid: how Western countries give aid, to whom and why. With contributions from experts in the field, this book examines the impact of security issues on six of the world's largest aid donors, as well as on key crosscutting issues such as gender equality and climate change.
Richard America here redefines the complex problems of racial economic injustice, poverty, inequality, and lagging competitiveness and productivity in the United States. In a sure-to-be-controversial analysis, the author argues that there is a true debt owed by White America to Black America, that this debt is significant, and that it has now come due. He estimates the size of Whites' debt to Blacks, shows how that debt came to be, and suggests creative ways of paying it back. This book argues persuasively that the social and racial problems in the United States cannot be solved until we acknowledge that the "haves" truly and literally owe money to the "have nots."
The Arts of Citizenship in African Cities pushes the frontiers of how we understand cities and citizenship and offers new perspectives on African urbanism. Nuanced ethnographic analyses of life in an array of African cities illuminate the emergent infrastructures and spaces of belonging through which urban lives and politics are being forged. |
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