There are few movements more firmly associated with civil disobedience than the Civil Rights Movement. In the mainstream imagination, civil rights activists eschewed coercion, appealed to the majority's principles, and submitted willingly to legal punishment in order to demand necessary legislative reforms and facilitate the realization of core constitutional and democratic principles. Their fidelity to the spirit of the law, commitment to civility, and allegiance to American democracy set the normative standard for liberal philosophies of civil disobedience. This narrative offers the civil disobedience of the Civil Rights Movement as a moral exemplar: a blueprint for activists who seek transformative change and racial justice within the bounds of democracy. Yet in this book, Erin R. Pineda shows how it more often functions as a disciplining example-a means of scolding activists and quieting dissent. As Pineda argues, the familiar account of Civil Rights disobedience not only misremembers history; it also distorts our political judgments about how civil disobedience might fit into democratic politics. Seeing Like an Activist charts the emergence of this influential account of civil disobedience in the Civil Rights Movement, and demonstrates its reliance on a narrative about black protest that is itself entangled with white supremacy. Liberal political theorists whose work informed decades of scholarship saw civil disobedience "like a white state": taking for granted the legitimacy of the constitutional order, assuming as primary the ends of constitutional integrity and stability, centering the white citizen as the normative ideal, and figuring the problem of racial injustice as limited, exceptional, and all-but-already solved. Instead, this book "sees" civil disobedience from the perspective of an activist, showing the consequences for ideas about how civil disobedience ought to unfold in the present. Building on historical and archival evidence, Pineda shows how civil rights activists, in concert with anticolonial movements across the globe, turned to civil disobedience as a practice of decolonization in order to emancipate themselves and others, and in the process transform the racial order. Pineda recovers this powerful alternative account by adopting a different theoretical approach-one which sees activists as themselves engaged in the creative work of political theorizing.

This is the first book to provide an inside account of how a United Nations human rights treaty body actually works. At the same time it is an introduction to the international law of racial discrimination. The book focuses on the practical operation and implementation of the International Covenant on the Elimination of All Forms of Racial Discrimination, emphasising throughout the relationship between the law and politics. The book takes account of current issues in international race relations - from the process of dismantling apartheid in South Africa to recent horrors and genocides in the former Yugoslavia and Rwanda. Michael Banton's latest work will be crucial reading for anyone interested in eliminating racial discrimination on an international level. About Michael Banton: Michael Banton is Chairman of the UN Committee on the Elimination of Racial Discrimination, 1996-98.

Thousands of women are murdered every year by close relatives for allegedly violating an unwritten social code or rebelling against the patriarchal order. The book examines the roots and evolution of honor-based violence, as well as the ongoing struggle to eradicate it worldwide.

This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

Discrimination on the grounds of sexual orientation or gender identity is forbidden in contemporary international human rights law, yet in many interpretations of Islamic law, this is seen to contradict the tenets of Islam. Vanja Hamzic here offers a path-breaking historical and anthropological analysis of the discourses on sexual and gender diversity in the Muslim world. The first of its kind, the book sheds new light on the understanding of diversity and resistance to hegemonic visions of the self in Muslim societies. Combining first-hand ethnographic accounts of Muslims in contemporary Pakistan including the hijra community whose pluralist sexual and gender experience defy the disciplinary gaze of both international and state law with new archival research, this book provides a unique mapping of Islamic jurisprudence, court practice and social developments in the Muslim world. Hamzic provides a comprehensive look at the ways in which sexually diverse and gender-variant Muslims are seen, and see themselves, within the context of the Islamic legal tradition.

Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim's rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims' rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims' rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court's doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims' rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model-which conceived the criminal process as a competition between prosecution and defense-served to limit victim participation. This study examines how conceptions of victims' rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims' rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims' rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims' rights in Colombia.

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

Bringing together theories, ideas, insights and experiences of practitioners and researchers from Brazil, India, South Africa and the UK, this book explores children and young people's involvement in public action. The contributors consider the potential of children and young people's participation to be transformative.

The influx of millions of immigrants into the United States has profoundly impacted the nation's economy, culture, and politics. Since the founding of our country, our government has worked to control this migration by enacting different policies to deal with immigration and naturalization. Students can trace the history and development of issues surrounding these policies, as well as the reactions to them, through this unique and comprehensive collection of over 100 primary documents. Court cases, opinion pieces, and many other documents bring to life the controversies surrounding the subject of immigration. Explanatory introductions aid users in understanding each document and help to illuminate its significance to the reader.

The major laws on immigration and naturalization are included in this useful volume, and have been edited to include the principal provisions in each, thereby making them more accessible to students without compromising their quality and accuracy. These key primary documents are arranged chronologically to help the user discover what has and has not changed over the centuries. The introductory and explanatory texts help readers understand the issues being litigated, the social and cultural pressures that shaped each deate, and the ways in which biases of individual Justices and Presidents affected immigration and naturalization laws in this country.

John Rawls' text The Law of Peoples has inspired extensive scholarly debate in the field of international political theory, since its publication in 1999. Responding to the arguments of cosmopolitan theorists and Amartya Sen's recent critique, this new work presents a fresh appraisal of the debate, and argues that Rawls offers a persuasive and prescient moral perspective on issues of global poverty and development. By elaborating one of Rawls' core ideas, 'the duty of assistance', the book offers a unique theoretical response to the ideal of global justice. The duty is presented as a far-reaching principle of justice, one that advocates increasing the state capability of burdened societies, and aims to compel the most powerful states to reform international structures and provide aid, in a constructive and culturally sensitive manner. The aim of assistance is the strengthening of democratic, or 'decent' indigenous institutions and the promotion of the freedom of peoples. On Rawls, Development and Global Justice is an original contribution to current debates on international redistribution, democracy promotion and global poverty.

Manzo examines, by means of historical analysis, the effects of global power relationships on the politics of South Africa. The author looks at the ways in which global power constructs identity, normalizes relations of domination, and shapes the form that resistance takes. She asks, for example, why dominated people are so often waging conflicts among themselves rather than directing their resistance unfailingly toward their oppressors. Why, too, is open defiance relatively rare and mass action infrequently used?

South Africa, as an example, is used to illustrate the much broader experience of oppressed populations as they struggle against western domination. The book vividly portrays the complexity of relationships in South Africa and the role played by black resistance in economic and political change over time. Manzo's sound interpretation unifies and enriches the historical progression and establishes a solid foundation for analyzing the lessons South Africa offers about the use of power in international relations.

A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students.
In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values.
Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship betweenlaw and social reform.
Acclaim for From Jim Crow to Civil Rights:
"A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence."
--Randall Kennedy, The New Republic
"Magisterial."
--The New York Review of Books
"A sweeping, erudite, and powerfully argued book...unfailingly interesting."
--Wilson Quarterly

For some, he was "America's leading smut king," hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of "Roth v. United States" were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment.

The Supreme Court's 6-3 decision in "Roth" for the first time tried to definitively rule on the issue of obscenity in American life and law--and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity's meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced "Roth v. United States," placing the trial in the context of its times--the Kinsey Reports, the Kefauver hearings, free speech debates--by using Roth's own private papers along with the records of the various prosecutions and the memos of the justices.

The significance of "Roth," as Strub reveals, lay in the two faces of Justice William Brennan's majority opinion--which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept "obscene" expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan's written words necessarily acknowledged.

In our era of internet pornography and "Fifty Shades of Grey," it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of "Roth" and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

Mark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.

The Bill of Rights-the first 10 amendments to the U.S. Constitution-are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. Interestingly, most Americans today-even professional political commentators-misinterpret or misunderstand what the Bill of Rights' intended meaning and purposes were. Culturally ingrained myths about the Bill of Rights have helped to define what it means to be an "American" but also limited the range of political debate and justified unfair and unequal treatment of minorities. This book addresses the top ten myths regarding the Bill of Rights from the standpoint of public understanding (and misunderstanding) from a non-partisan, objective point of view, provoking independent thought and enabling readers to reach their own educated conclusions and opinions. Written by two experts in the fields of political science, public policy, media law, and civil liberties, the work explores the key role of modern news and entertainment media in contributing to public misunderstanding of individual rights and liberties. The authors also apply and interpret data from public opinion surveys to further examine public beliefs about the Bill of Rights and closely connect the analysis of misperceptions to existing political beliefs. Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined Explores the Bill of Rights in the context of myths that define the American political culture Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

After the granting of the vote to women in 1918, the struggle for women's rights intensified with a nationwide campaign for the right to birth control. This campaign was met with a great deal of hostility; it threatened to overturn Victorian ideas about female sexuality, female empowerment and the traditional roles within the family. The most well known of the campaigners, scientist and early feminist Marie Stopes, opened clinics across England which fitted 'contraception caps' to women for free. The first history of this grassroots social movement, "Birth Control and the Rights of Women" offers a window into the social and cultural history of the period, and features new archival material in the forms of memoirs, personal papers and press cuttings. This is an essential contribution to the influential field of women's history and a vital addition to the history of feminism.

This is a comprehensive exploration of theories of citizenship and inclusiveness in an age of globalization. The authors analyze democracy and the political community in a transnational context, using new critical, conceptual and normative perspectives on the borders, territories and political agents of the state.

An introductory survey of the government's role in America's continuing drive for equality. Today's lingering inequalities, particularly the "American dilemma" of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society. This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now. Includes a section of A-Z entries covering people, laws, events, judicial decisions, statutes, and concepts related to equal protection in the United States Primary source documents include court decisions, executive orders, and legislation that shaped the status of equal protection in our society today

"Klein's excellent survey of these realities and dynamics will remain an important brief for decision-makers in the future."--"The Journal of Israeli History"

"A book of considerable weight and an important contribution to the growing genre of political studies in Jerusalem."
-- Michael Dumper," Journal of Palestine Studies"

Jerusalem, which means "city of peace," is one of the most bitterly contested territories on earth. Claimed by two peoples and sacred to three faiths, for the last three decades the city has been associated with violent struggle and civil unrest. As the peace negotiations between the Palestinians and Israelis reach their conclusion, the final, and most difficult issue is the status of Jerusalem. How and to what extent will these two nations share this city? How will Christians, Muslims and Jews in Jerusalem and around the world redefine their relationship to Jerusalem when the dust settles on the final agreement? Will the Israelis and Palestinians even be able to reach an agreement at all?

Menachem Klein, one of the leading experts on the history and politics of Jerusalem, cuts through the rhetoric on all sides to explain the actual policies of the Israelis and Palestinians toward the city. He describes the "facts on the ground" that make their competing claims so fraught with tension and difficult to reconcile. He shows how Palestinian national institutions have operated clandestinely since the Israelis occupied the eastern half of the city, and how the Israelis have tried to suppress them. Ultimately, he points the way toward a compromise solution but insists that the struggle for power and cultural recognition will likely continue to be apermanent feature of life in this complicated, multi-cultural city.

What are human rights? Why do we have them? How do we know for sure which rights are specific to humans? And how should we respond when we disagree on them and on the obligations we owe to others who claim human rights? These are just a few of the questions taken up in this broad-ranging and systematic introduction to the theory of human rights. The author draws on both traditional perspectives and current debates in the field to address key contemporary issues and conceptual questions. She asks whether or not human rights can be said to be universal, and whether human rights can encompass global justice, environmental rights and global security for future generations. In addition she explores the particular effects of differences of gender, sexuality, culture and religion on the nature of human rights in contemporary society, and the implications these might have for international legal and political regimes. Providing a comprehensive and accessible account of the key theoretical ideas in the field, this text is essential for those seeking to understand the importance of human rights in shaping the moral and political claims of individuals, cultures and societies across the world.

This book explores the role of education in the formation of the Singapore developmental state. The book provides a historical study of citizenship education in Singapore, whereby a comparative study of history, civics and social studies curricula, and the politics and policies that underpin them are examined.

As technology and social media tools become more integrated into society, they provide important frameworks for online government and community collaboration. Optimizing E-Participation Initiatives Through Social Media provides emerging research on the role of online web technologies in promoting citizen and community involvement in public affairs. While highlighting topics such as online transaction, participatory design, and e-polling, this publication explores the use of Web 2.0 by governments to create more affordable, participatory, and transparent public-sector management models. This book is an important resource for academicians, practitioners, and researchers seeking current research on online public involvement in government policy decision making.

This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

The free movement of labour will be one of the key elements of the Single Market soon to be implemented, One would therefore expect that efforts would have been made to harmonize social policies, especially on the legal status of workers. But the existing EC Treaty contains no provision and the Community Charter of the Fundamental Social Rights of Workers of 1989 fails to fill the gap. The Charter delegates the socio-political responsibility in almost all points to the member states. Yet the constitutions of most refer to general human rights only. The author here stresses the importance of economic and social human rights which, like human rights in general, have their roots in the Enlightenment, especially in the works of Montesquieu, Adam Smith and Kant.