![]() |
![]() |
Your cart is empty |
||
Books > Social sciences > Politics & government > Political control & freedoms > Human rights
This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.
This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.
This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives.
This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU's external trade relations, building on and stimulating further - the already well-engaged - scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.
In September 1993 a unique dialogue took place. Humanists from around the country gathered in Salt Lake City, Utah, to exchange ideas with Mormons on the topics of feminism, freedom of conscience, academic freedom in Mormon universities, and clashes between "dissident intellectuals" and Mormon church authorities. Of particular concern in the discussion was the recent excommunication of members of the Mormon church and the departure of two professors from Brigham Young University for allegedly expressing ideas at variance with church teachings. Ironically, despite such conflicts, Mormons officially and individually endorse freedom of conscience; the dignity of the human right to exercise free agency is a principle rooted in the Mormon as well as the humanist tradition. On this basis for mutual understanding, the dialogue between the two diverse cultures of Mormonism and humanism proceeded. George D. Smith has collected twelve essays, all but one of which were presented at the Utah conference, for this thought-provoking volume. Among the subjects covered are ecclesiastical abuse and the excommunicated "September Six", academic freedom at Brigham Young University, the politics of exclusivity, and free inquiry in a religious context. Paul Kurtz, editor of Free Inquiry, introduces the discussion with an overview of "Humanism and the Idea of Freedom". The volume concludes with a 1939 essay by noted American journalist Walter Lippmann entitled "The Indispensable Opposition".
We The PeopleThe Bill of Rights defines and defends the freedoms we enjoy as Americans -- from the right to bear arms to the right to a civil jury. Using the dramatic true stories of people whose lives have been deeply affected by such issues as the death penalty and the right to privacy, attorneys Ellen Alderman and Caroline Kennedy reveal how the majestic priciples of the Bill of Rights have taken shape in the lives of ordinary people, as well as the historic and legal significance of each amendment. In doing so, they shed brilliant new light on this visionary document, which remains as vital and as controversial today as it was when a great nation was newly born.
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.
Many transnational campaigns, and particularly the transnational campaign on violence against women, promote international norms that target the behavior of local non-state actors, while many of these local actors are subscribing to conflicting local norms. What happens when the international and local norms collide? When does transnational activism lead individuals and communities to abandon local norms and embrace international ones? In When Norms Collide, Karisa Cloward presents a theoretical framework for understanding the range of local-level responses to international norm promotion, and applies this framework to the issues of female genital mutilation (FGM) and early marriage. Cloward argues that, conditional on exposure to an international normative message, individuals can decide to change their attitudes, their actual behavior, and the public image they present to international and local audiences. She finds that the impact of transnational activism on individual decision-making substantially depends on the salience of the international and local norms to their respective proponents, as well as on community-level factors such as the density of NGO activity and the availability of an exit option from the local norm. She further finds that there are both social and temporal dimensions to the diffusion of international norms across individuals and through communities. Cloward evaluates the theory by examining changes in the patterns of FGM and early marriage among the Maasai and Samburu in Kenya, using a mixed-method empirical strategy that includes qualitative interviews and an original representative survey with a randomized experimental component.
"Tsesis lays out theoretical foundations that he argues should be
intrinsic to a representative democracy . . . an important
contribution to the literature about civil liberties and human
rights." "The genuine accomplishment of Tsesis's book...is to focus the
hate speech debate on explicitly normative issues." "[A] comprehensive and brilliant book from both a historical and
analytical perspective. Drawing from the lessons of history,
Alexander Tsesis shows persuasively the relevance of the Thirteenth
Amendment to a wide range of the social and economic issues
currently facing America, and he offers highly creative arguments
that support the use of congressional power under the Thirteenth
Amendment as a potent and effective means of meeting and resolving
these issues." "Tsesis vigorously presents a set of arguments that are rarely
found in the conventional legal literature. . . . An interesting
and challenging book." In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens. The story of howSupreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides valuable insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.
This book assesses the extent to which an emphasis on national security and prioritization of state interests has dominated governance policy-making in Northeast and Southeast Asia, at the expense of human security, human development, and human rights. The findings are that in many cases, there are embedded structural obstacles to achieving human-centered governance objectives in the region. These relate to the role of the military, historical authoritarian legacies, and new authoritarian trends. Contributors examine not only the most obvious instances of military domination of governance in the region (North Korea with its "Military First" philosophy, Thailand since the 2014 coup, and Myanmar with its long history of military rule), but also less well known examples of the influence of conflict legacies upon governance in Cambodia, Timor-Leste, and Laos, as well as the emergence of new reservoirs of power and resources for the forces of authoritarianism.
Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area. Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.
The oppression of minorities has been a major theme in the history
of Europe. It has been a leading cause of disputes over territory,
often resulting in war. In modern times nation states have demanded
the undivided loyalty of their citizens. This has led to
discrimination and racism, and often to the persecution, at its
most extreme in the Nazi crusade against the Jews. Recent years
have seen Ceausescu's persecution of Hungarians and ethnic
cleansing in the Balkans. Minorities, represented by organisations
such as the Basque ETA and the Northern Irish Catholic IRA, are
also responsible for many of acts of terrorism.
Life in a Black Community: Striving for Equal Citizenship in Annapolis, Maryland, 1902-1952 tells the story of a struggle over what it meant to be a citizen of a democracy. For blacks, membership in a democracy meant full and equal participation in the life of the town. For most whites, it meant the full participation of only its white citizens, based on the presumption that their black neighbors were less than equal citizens and had to be kept down. All the dramas of the Jim Crow era-lynching, the KKK, and disenfranchisement, but also black boycotts, petitioning for redress of grievances, lawsuits, and political activism-occurred in Annapolis. As they were challenging white prejudice and discrimination, tenacious black citizens advanced themselves and enriched their own world of churches, shops, clubs, and bars. It took grit for black families to survive. As they pressed on, life slowly improved-for some. Life in a Black Community recounts the tactics blacks used to gain equal rights, details the methods whites employed to deny or curtail their rights, and explores a range of survival and advancement strategies used by black families.
This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
This study focuses on the field of security studies through the prism of migration. Using ethnographic methods to illustrate an experiential theory of security taken from the perspective of migrants and asylum seekers in Europe, it effectively offers a means of moving beyond state-based and state-centric theories in International Relations.
View the Table of Contents. aIt addresses a powerful topic. It is a conceptually creative
piece of scholarship, forged from a sophisticated interdisciplinary
viewpoint.a "A rich and exceptionally clear account of the meaning-making
context and constitution of citizenship." "Mark Weiner provides a rare and radical insight into the racial
structures of American law. Reading this racial history through the
rhetoric of case law decisions--juridical racialism--provides a
dramatic sense of the anthropological scope of what law has done
and potentially continues to do." "An enthralling mixture of personages and cases that reveals
much about the intimate combining of law and 'American'
imperialism, including the complicities of scholarship." "Juridical racialism is legal rhetoric infused with Anglo-Saxon
racial superiority and Weiner shows how it operated from the Gilded
Age to the decision in Brown v. Board of Education. Reading the
news, one wonders if it is not still operating today." Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls "juridical racialism." The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indiansin the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group--and, in turn, Americans as a whole--by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
Dispelling the myth that women became involved in partisan politics only after they obtained the vote, this study uses contemporary newspaper sources to show that women were active in the party struggle long before 1920. Although their role was initially limited to attending rallies and hosting picnics, they gradually began to use their pens and voices to support party tickets. By the late 19th century, women spoke at party functions and organized all-female groups to help canvass neighborhoods and get out the vote. In the early suffrage states of the West, they voted in increasing numbers and even held a few offices. Women were particularly active, this book shows, in the minor reformist parties--Populist, Prohibitionist, Socialist, and Progressive--but eventually came to play a role in the major parties as well. Prominent suffrage leaders, such as Elizabeth Cady Stanton and Susan B. Anthony, entered the partisan arena in order to promote their cause. By the time the suffrage amendment was ratified, women were deeply involved in the mainstream political process.
This book examines a stringent problem of current migration societies-whether or not to extend citizenship to resident migrants. Undocumented migration has been an active issue for many decades in the USA, and became a central concern in Europe following the Mediterranean migrant crisis. In this innovative study based on the basic principles of transnational citizenship law and the naturalization pattern around the world, Matias purports that it is possible to determine that no citizen in waiting should be permanently excluded from citizenship. Such a proposition not only imposes a positive duty overriding an important dimension of sovereignty but it also gives rise to a discussion about undocumented migration. With its transnational law focus, and cases from public international law courts, European courts and national courts, Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship may be applied to virtually anywhere in the world.
As a black Appalachian woman, Memphis Tennessee Garrison belonged
to a demographic category triply ignored by historians.
This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.
The subject of this book is human rights law, focusing on historic achievement of a common standard viewed from a perspective of Pengchun Chang's contributions to the drafting of the Universal Declaration of Human Rights (UDHR). This is an original research, integrating different research methods: inter-disciplinary approaches, historical and comparative methods, and documentary research and so on. The research findings can be described briefly as follows: Chinese wisdom has played an important role in achieving a common standard for the establishment of the international human rights system, which can be seen by exploring P. C. Chang's contributions to the drafting of the UDHR. The target readers are global scholars and students in law, politics, philosophy, international relations, human rights law, legal history, religion and culture. This book will enable these potential readers to have a vivid picture of the Chinese contributions to the international human rights regime and to have a better understanding of the significance of the traditional Chinese culture and P. C. Chang's human rights philosophy of pluralism.
Read the Preface Read a Sample Chapter "Contributes[s] interesting new dimensions to the literature on
Jews and blacks in the United States." "A fascinating text which adds to our understanding of recent
Jewish Left and feminist politics and activism" "Blending together 15 oral histories and archival research,
Schultz shows how northern Jewish women's commitment to social
justice - informed in part by living in the shadow of the Holocaust
- played out in a time of enormous political, social, and personal
upheaval...Sharply observant of her informants' lives, Schultz
opens a new window not only into the civil rights movement but also
into the sociology of mid-century Jewish-American culture. Her
analysis is most impressive at the book's end, when she
perceptively describes the protean nature of Jewish identities in
the U.S. Such insightful cultural readings and criticism make this
a fine contribution to both the literature of the civil rights
movement and the field of Jewish studies." "Schultz's book makes a substantial contribution to feminist
scholarship, but in the end it is also a call to renewed action -
to never forget the sacrifices of previous generations." "A well-written, serious, and important book. I learned a great
deal from this interesting and rich study." ""Going South" is a heartfelt plea for incorporating women's
activism into social movement history." "Going South is aremarkable book, reflecting the experiences of
fifteen women who joined the 1960s civil rights movement showing
how and why they got there, what role, if any religion played in
their lives, and what happened to them afterwards." "The strength of the book is that it is based on interviews; the reader is introduced to each women, her family, the work she performed in the South, the people she met and the difficulties she overcame while there."--"Jewish Observer" Many people today know that the 1964 murder in Mississippi of two Jewish men--Mickey Schwerner and Andrew Goodman--and their Black colleague, James Chaney, marked one of the most wrenching episodes of the civil rights movement. Yet very few realize that Andrew Goodman had been in Mississippi for one day when he was killed; Rita Schwerner, Mickey's wife, had been organizing in Mississippi for six difficult months. Organized around a rich blend of oral histories, Going South followsa group of Jewish women--come of age in the shadow of the Holocaust and deeply committed to social justice--who put their bodies and lives on the line to fight racism. Actively rejecting the post-war idyll of suburban, Jewish, middle-class life, these women were deeply influenced by Jewish notions of morality and social justice. Many thus perceived the call of the movement as positively irresistible. Representing a link between the sensibilities of the early civil rights era and contemporary efforts to move beyond the limits of identity politics, the book provides a resource for all who are interested in anti-racism, the civil rights movement, social justice, Jewish activism and radical women's traditions. |
![]() ![]() You may like...
Legal Responses to Football Hooliganism…
Anastassia Tsoukala, Geoff Pearson, …
Hardcover
R3,485
Discovery Miles 34 850
Handbook of Research Methods in Public…
Eran Vigoda-Gadot, Dana R. Vashdi
Hardcover
R6,593
Discovery Miles 65 930
Lamentations, Song of Songs
Wilma Bailey, Christina Bucher
Paperback
|