This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: "Claudio Corradetti's book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... ." (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010)

Does an offender have the "right" to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the "right" to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the "right" to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

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"This collection of essays could not be timelier...scholars pondering the implications of recent immigration for ethnic and racial politics would do well to look at this collection of essays."--"American Political Science Review"

America is currently in the midst of a major racial and ethnic demographic shift. By the twenty-first century, the population of Hispanics and Asians will increase significantly, while the black population is expected to remain relatively stable. Non-Hispanic Whites will decrease to just over half of the nation's population. How will the changing ethnic and racial composition of American society affect the long struggle for black political power and inclusion? To what extent will these racial and ethnic shifts affect the already tenuous nature of racial politics in American society?

Using the literature on black politics as an analytical springboard, Black and Multiracial Politics in America brings together a broad demography of scholars from various racial and ethnic groups to assess how urban political institutions, political coalitions, group identity, media portrayal of minorities, racial consciousness, support for affirmative action policy, political behavior, partisanship, and other crucial issues are impacted by America's multiracial landscape.

Contributors include Dianne Pinderhughes, M. Margaret Conway, Pei-te Lein, Susan Howell, Mack Jones, Brigitte L. Nacos, Natasha Hritzuk, Marion Orr, Michael Jones-Correa, A.B. Assensoh, Joseph McCormick, Sekou Franklin, Jose Cruz, Erroll Henderson, Mamie Locke, Reuel Rogers, James Endersby, Charles Menifield and Lawrence J. Hanks.

"A thoughtful book that offers significant insights on the potential perils of imposing restraints in the traditional First Amendment rights."
--A. Leon Higginbotham, Jr.

"A powerful collection of essays challenging the advocates of curbing speech in order to promote equality. Most impressively, these writers make their case not through name-calling, but by taking them seriously, and dissecting, opposing arguments and acknowledging complexities, and by invoking informed common sense in bracing prose."
--Gerald Gunther, author of "The Learned Hand: The Man and the Judge,"

At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, "Speaking of Race, Speaking of Sex" demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas.Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

This book explores the alleged uniqueness of the European experience, and investigates its ties to a long history of LGBT and queer movements in the region. These movements, the book argues, were inspired by specific ideas about Europe, which they sought to realize on the ground through activism.

The human right to survive and develop, a fundamental premise of the "U.N. Convention on the Rights of the Child," can be attained only if adequate living conditions are secured for the child. This book reviews the significance of the physical, mental, spiritual, moral, and social aspects of holistic child development called for by Article 27 of the "Convention." The editors share a vision of childhood wherein the child is accorded dignity, and opportunities exist to promote advancement of human potential. Contributors from several nations and a variety of disciplines, including psychology, law, social work, medicine, economics, and international studies, address the challenge of identifying adequate living conditions across cultures and discuss issues affecting communities and governments as they attempt to fulfill their responsibilities to children and their families. Key themes throughout the book are the significance of the child's perspective, the primacy of the family environment, the need to balance the interests of diverse cultures while reducing historical inequities, and the ecological interdependence of children, families, communities, and nations. The editors and contributors call for organized social and political action to realize the child's right to develop, including ways to measure and monitor children's well-being beyond survival.

From protest to challenge is a multi-volume chronicle of the struggle to achieve democracy and end racial discrimination in South Africa. Beginning in 1882 during the heyday of European imperialism, these volumes document the history of race conflict, protest, and political mobilisation by South Africa’s black majority. Completely revised and updated, with the inclusion of photographs and with the previous volumes re-formatted to unify the series, this second edition of From protest to challenge revives the classic work of Thomas Karis and Gwendolen Carter and provides an indispensable resource for students and scholars of African history, race and ethnicity, identity politics, democratic transitions and conflict resolution. The authors gratefully acknowledge the assistance and generosity of all those who helped to make this book possible. During two extended periods of pioneering field research by Gwendolen Carter, Thomas Karis, and Sheridan Johns in South Africa in 1963 and 1964 – a period of growing political tension – dozens of South Africans gave them documents or loaned them material to photocopy, often in the hope of preventing irreplaceable records from falling into the hands of the police. In addition, lawyers for the defendants in the 1956–61 treason trial contributed a complete set of the trial transcript and the preliminary examination, as well as a set of virtually all the documents assembled by the defence in preparation for the trial. Added to the materials that the team was able to photocopy from archival collections at several South African universities and at the South African institute of race relations, these months of fieldwork provided the initial foundation for what was to become the first four volumes of From protest to challenge.

Winner of the 2013 Frank S. and Elizabeth D. Brewer Prize presented by the American Society of Church History Mississippi Praying examines the faith communities at ground-zero of the racial revolution that rocked America. This religious history of white Mississippians in the civil rights era shows how Mississippians' intense religious commitments played critical, rather than incidental, roles in their response to the movement for black equality. During the civil rights movement and since, it has perplexed many Americans that unabashedly Christian Mississippi could also unapologetically oppress its black population. Yet, as Carolyn Renee Dupont richly details, white southerners' evangelical religion gave them no conceptual tools for understanding segregation as a moral evil, and many believed that God had ordained the racial hierarchy. Challenging previous scholarship that depicts southern religious support for segregation as weak, Dupont shows how people of faith in Mississippi rejected the religious argument for black equality and actively supported the effort to thwart the civil rights movement. At the same time, faith motivated a small number of white Mississippians to challenge the methods and tactics of do-or-die segregationists. Racial turmoil profoundly destabilized Mississippi's religious communities and turned them into battlegrounds over the issue of black equality. Though Mississippi's evangelicals lost the battle to preserve segregation, they won important struggles to preserve the theology that had sustained the racial hierarchy. Ultimately, this history sheds light on the eventual rise of the religious right by elaborating the connections between the pre- and post-civil rights South.

Mississippi is a unique case study as a result of its long-standing defiance of federal civil rights legislation and the fact that nearly half its population was black and relegated to second-class citizenship. According to the vast majority of Mississippi daily press editorials examined between 1948 and 1968, the notion that blacks and whites were equal as races of people was a concept that remained unacceptable and inconceivable. While the daily press certainly did not advocate desegregation, in contrast to what many media critics have reported about the Southern press promoting violence to suppress civil rights activity, Mississippi daily newspapers never encouraged or condoned violence during the time periods under evaluation. Weill places coverage of these important events within a historical context, shedding new light on media opinion in the state most resistant to the precepts of the civil rights movement. This is the first comprehensive examination of civil rights coverage and white supremacist rhetoric in the Mississippi daily press during five key events: the 1948 Dixiecrat protest of the national Democratic platform; the Brown v. Board of Education Supreme Court decision to desegregate public schools in 1954; the court-ordered desegregation of Ole Miss in 1962; Freedom Summer in 1964; and the assassination of Martin Luther King, Jr., in 1968. From nearly 5,000 issues of Mississippi daily newspapers, more than 1,000 editorials and 7,000 news articles are documented in this volume.

Violence against women is a major problem in all countries, affecting women in every socio-economic group and at every life stage. Nowhere in the world do women share equal social and economic rights with men or the same access as men to productive resources. Economic globalization and development are creating new challenges for women's rights as well as some new opportunities for advancing women's economic independence and gender equality. Yet, when women have access to productive resources and they enjoy social and economic rights they are less vulnerable to violence across all societies. The Political Economy of Violence against Women develops a feminist political economy approach to identify the linkages between different forms of violence against women and macro structural processes in strategic local and global sites - from the household to the transnational level. In doing so, it seeks to account for the globally increasing scale and brutality of violence against women. These sites include economic restructuring and men's reaction to the loss of secure employment, the abusive exploitation associated with the transnational migration of women workers, the growth of a sex trade around the creation of free trade zones, the spike in violence against women in financial liberalization and crises, the scourge of sexual violence in armed conflict and post-crisis peacebuilding or reconstruction efforts and the deleterious gendered impacts of natural disasters. Examples are drawn from South Africa, Kenya, the Democratic Republic of Congo, China, Ciudad Juarez in Mexico, the Pacific Islands, Argentina, Eastern Europe, Central Asia, Haiti, Sri Lanka, Indonesia, New Zealand, Ireland, the United Kingdom, the United States and Iceland.

Citizenship is a phenomenon that encompasses the relationships between the state and individuals, rights and responsibilities and identity and nationhood. Yet the relationship between citizenship and childhood has gone relatively unexplored. This book examines this relationship by situating it within the historical development of modern forms of citizenship that have formed contemporary Western notions of childhood and citizenship. The book also engages with recent political and social theory to rethink our current view of citizenship and develops an understanding that emphasises social interdependence and calls for a concomitant re-evaluation of our public spaces that facilitates the recognition of children as participating agents within society.

In the second half of the 1980s Japan has emerged as one of the new major destination countries for migrants from Asia. The migrant labour pool was then joined by Japanese descendants from South American countries in the 1990s. Japan's policy of keeping the labour market closed to foreign unskilled workers has remained unchanged despite the 1990 immigration policy reform, which met the growing need for unskilled labour not by opening the 'front-door' to unskilled workers but by letting them in through intentionally-provided 'side-doors'. This book throws light on various aspects of migration flows to Japan and the present status of migrant workers as conditioned by Japan's immigration control system. The analysis aims to explore how the massive arrival of migrants affected Japan's immigration policy and how the policy segmented the foreign labour market in Japan.

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The second amendment is the most hotly debated and controversial right in the Constitution. In light of the recent surge of school shootings and other gun-related crimes, gun policy has become one of our leading national concerns, affecting politicians, gun manufacturers, sport shooters, and ordinary citizens alike.

Showcasing viewpoints from all sides of the gun control debate, Gun Control and Gun Rights, presents the first balanced gun policy textbook for use by undergraduates, graduate students, law students and the general public.

This comprehensive anthology includes selections from legal cases, hunting stories, public policy briefs and journalistic accounts. Anyone looking for a fair, even-handed account of the gun issue will find it in this book.

Since its founding, the U.S. has struggled with issues of federalism and states' rights. In almost every area of law, from abortion to zoning, conflicts arise between the states and the federal government over which entity is best suited to create and enforce laws. In the last decade, immigration has been on the front lines of this debate, with states such as Arizona taking an extremely assertive role in policing immigrants within their borders. While Arizona and its notorious SB 1070 is the most visible example of states claiming expanded responsibility to make and enforce immigration law, it is far from alone. An ordinance in Hazelton, Pennsylvania prohibited landlords from renting to the undocumented. Several states have introduced legislation to deny citizenship to babies who are born to parents who are in the United States without authorization. Other states have also enacted legislation aimed at driving out unauthorized migrants. Strange Neighbors explores the complicated and complicating role of the states in immigration policy and enforcement, including voices from both sides of the debate. While many contributors point to the dangers inherent in state regulation of immigration policy, at least two support it, while others offer empirically-based examinations of state efforts to regulate immigration within their borders, pointing to wide, state-by-state disparities in locally-administered immigration policies and laws. Ultimately, the book offers an extremely timely, thorough, and spirited discussion on an issue that will continue to dominate state and federal legislatures for years to come.

The first comprehensive study in English of the earliest and largest 'Third-World' migration into pre-war Europe. Full attention is given to the relationship between the society of emigration, undermined by colonialism, and processes of ethnic organisation in the metropolitan context. Contemporary anti-Algerian racism is shown to have deep roots in moves by colonial elites to control and police the migrants and to segregate them from contact with Communism, nationalist movements and the French working class.

Science fairs, clubs, and talent searches are familiar fixtures in American education, yet little is known about why they began and grew in popularity. In Science Education and Citizenship, Sevan G. Terzian traces the civic purposes of these extracurricular programs for youth over four decades in the early to mid-twentieth century. He argues that Americans' mobilization for World War Two reoriented these educational activities from scientific literacy to national defense -- a shift that persisted in the ensuing atomic age and has left a lasting legacy in American science education.

This title uses oral history methodology to record stories of people who experienced the brunt of racist forced removals in the city of Cape Town, South Africa. Through life stories and community case studies, it traces the human impact of this disruptive, often violent feature of apartheid's social engineering.

Global mobility refers to movements of people across international borders for any length of time or purpose. In addition to the world's 214 million migrants, there are more than two billion annual border crossings of tourists, students, business people and commuters who travel internationally for stays of less than a year. This volume considers "global mobility" as an alternative concept to "international migration" in order to gain insights into international cooperation on movements of people across international borders; examines a set of interacting global mobility regimes: the established international refugee regime, a latent but strengthening international travel regime and a non-existent but potential international labor migration regime; and explores the possibilities of increasing international cooperation, especially through linkages among these three issue areas.

Exploring language rights politics in theoretical, historical and international context, this book brings together debates from law, sociolinguistics, international politics, and the history of ideas. The author argues that international language rights advocacy supports global governance of language and questions freedoms of speech and expression.

"Scalawag" tells the surprising story of a white working-class boy who became an unlikely civil rights activist. Born in 1935 in Richmond, where he was sent to segregated churches and schools, Ed Peeples was taught the ethos and lore of white supremacy by every adult in his young life. That message came with an equally cruel one--that, as the child of a wage-earning single mother, he was destined for failure.

But by age nineteen Peeples became what the whites in his world called a "traitor to the race." Pushed by a lone teacher to think critically, Peeples found his way to the black freedom struggle and began a long life of activism. He challenged racism in his U.S. Navy unit and engaged in sit-ins and community organizing. Later, as a university professor, he agitated for good jobs, health care, and decent housing for all, pushed for the creation of African American studies courses at his university, and worked toward equal treatment for women, prison reform, and more. Peeples did most of his human rights work in his native Virginia, and his story reveals how institutional racism pervaded the Upper South as much as the Deep South.

Covering fifty years' participation in the long civil rights movement, Peeples's gripping story brings to life an unsung activist culture to which countless forgotten individuals contributed, over time expanding their commitment from civil rights to other causes. This engrossing, witty tale of escape from what once seemed certain fate invites readers to reflect on how moral courage can transform a life.

One of this century's greatest tragedies, and one of our greatest challenges, has been the movement of millions of refugees. . . . This book, by an expert in the field, gives a comprehensive view of where we have been, and where we are likely to go, in coping with this world's endless stream of refugees. Senator Edward M. Kennedy, Chairman, Subcommittee on Immigration and Refugee Affairs This survey of post-World War II refugees by a former UN Deputy High Commissioner for Refugees focuses on those assisted through the United Nations and its affiliated Refugees (UNHCR), the International Committee for Migration, and the World Food Program. . . . Smyser argues that refugee problems and crises are far from over and will continue to require urgent international cooperative treatment. He presents a lengthy agenda with recommendations `to preserve the global structure of refugee protection and care, to help those who need help, to prevent abuse, and to bring refugee concepts and practices into a framework appropriate to our troubled times. Choice

Reveals America's long history of making both naturalized immigrants and native-born citizens un-American after stripping away their citizenship Expatriation, or the stripping away citizenship and all the rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantanamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he renounce his U.S. citizenship. Hamdi's story may be the best known expatriation story in recent memory, but in Revoking Citizenship, Ben Herzog reveals America's long history of making both naturalized immigrants and native-born citizens un-American after their citizenship was stripped away. Tracing this history from the early republic through the Cold War, Herzog locates the sociological, political, legal, and historic meanings of revoking citizenship. Why, when, and with what justification do states take away citizenship from their subjects? Should loyalty be judged according to birthplace or actions? Using the history and policies of revoking citizenship as a lens, Revoking Citizenship examines, describes, and analyzes the complex relationships between citizenship, immigration, and national identity.

A significant addition to the growing body of literature on citizenship, this wide-ranging overview focuses on the importance, and changing nature, of citizenship. It introduces the varied discourses and theories that have arisen in recent years, and looks toward future scholarship in the field.
Offers an analytical assessment of the various thematic discourses and provides guidance in pulling together those discrete themes into a larger, more comprehensive framework
Identifies the four broadly conceived themes that shape the many discourses on contemporary citizenship - inclusion, erosion, withdrawal, and expansion
Includes a thorough introduction to the subject