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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
Australia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different 'types' of action in detail; strike action, whistleblowing and principles disobedience.
This book is a contemporary socio-legal study of Australia's protection of economic and social rights. Despite Australia's hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia's compliance across the policy areas of health, housing, labour and social security, it is argued that Australia's failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
Since World War II the regulation of conduct in the United States has become problematic. This condition has been recognized by ordinary citizens in the soaring crime rates, illegitimate births, neglect of the public good and increase in special and individual interests, preference for fame, fortune and power, gross immoral acts by public figures, and fascination of the media and the audience with spectacles of evil. The troubled control of social behavior in the nation is suggested by the fact that our society has no commonly accepted set of standards that can guide our actions. Heslep penetrates the bazaar of competing normative principles that Americans subscribe to in search of those logical and feasible standards of behavior that will conquer our nation's moral crisis. He then constructs an idea of character education for Americans, applying it to recent policy recommendations and to cases of individuals with moral education needs.
The relationship between American Indians and the U.S. political system is both vitally important and unique. Yet American Indians--as individuals and as tribal nations--typically receive scant attention in introductory courses on American government and politics. This is the only reader on Native America and U.S. politics designed to be incorporated into introductory government courses. It will help students to obtain a clearer understanding of such contemporary issues as Indian fishing rights and gaming casinos and to see topics central to the course--the Constitution, the structure of federalism, citizenship, and civil liberties--from the perspective of groups that have often sought a protected place outside the U.S. polity rather than inclusion within. Enabling students to compare the American Indian experience with the ideas presented in other course materials, the readings in this book are keyed to the topics most commonly found in the course syllabi. Selected for their insight and accessibility as well as diversity of viewpoints and topics, the essays provide a unique insight into the character of the American political system from the perspective of American Indians, teaching the reader much about both the tribes and the character of politics and government in the U.S. generally.
In 1964, sociologist William McCord, long interested in movements for social change in the United States, began a study of Mississippi's Freedom Summer. Stanford University, where McCord taught, had been the site of recruiting efforts for student volunteers for the Freedom Summer project by such activists as Robert Moses and Allard Lowenstein. Described by his wife as ""an old-fashioned liberal,"" McCord believed that he should both examine and participate in events in Mississippi. He accompanied student workers and black Mississippians to courthouses and Freedom Houses, and he attracted police attention as he studied the mechanisms of white supremacy and the black nonviolent campaign against racial segregation. Published in 1965 by W. W. Norton, his book, Mississippi: The Long, Hot Summer, is one of the first examinations of the events of 1964 by a scholar. It provides a compelling, detailed account of Mississippi people and places, including the thousands of student workers who found in the state both opportunities and severe challenges. McCord's work sought to communicate to a broad audience the depth of repression in Mississippi. Here was evidence of the need for federal action to address what he recognized as both national and southern failures to secure civil rights for black Americans. His field work and activism in Mississippi offered a perspective that few other academics or other white Americans had shared. Historian Francoise N. Hamlin provides a substantial introduction that sets McCord's work within the context of other narratives of Freedom Summer and explores McCord's broader career that combined distinguished scholarship with social activism.
Bailey examines a little-known but highly significant governmental mechanism in eighteenth-century Virginia: the right of every citizen to petition the Virginia assembly for redress of grievances.
Will Kymlicka is widely regarded as the most influential and original theorist of the rights and status of ethnocultural groups in liberal democracies. This volume brings together eithteen of his most important essays, tackling pressing issues of immigration, nationalism, multiculturalism, and the meaning of citizenship in today's increasingly pluralistic societies. These essays will enrich our understanding of the theory and practice of ethnic relations in liberal democracies.
With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.
An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.
This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.
"Choice" Outstanding Academic Title 2003 .,."A thorough summary of the trajectory of current case law on
the legal regulation of U.S. citizens' intimate lives. . . . A
valuable introduction to increasingly important and salient legal
questions about the constitutional limits on the state's ability to
shape intimate lives in the United States." .,."A worthy assessment of the law of intimate association and
personal decision-making. For those intrigued by the Court's human
side, Ball provides a sufficient glimpse without raising the
curtain on its realm of privacy that the justices have strived to
protect. "Despite the controversial content of many of the cases, Mr.
Ball maintains an air of bemused detachment and does not openly
take sides. This is not a polemic. With few exceptions, the
prevailing tone is light and scholarly. The goal is to illuminate,
not to persuade." "In this truly fascinating and spellbinding work, Ball tells
many tales." Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself. For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.
Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. Mower deals first with the significance, origin, and development of the Convention on the Rights of the Child, then describes and analyzes its substantative content, procedures, and mechanisms for the Convention's implementation. He concludes with an examination of the factors that are most likely to determine the rate of progress toward the realization of the convention's goals. Based on official records, relevant secondary sources, and observations of members of the Convention's implementary organ, the book will be of considerable use to scholars and researchers in the fields of human rights and children's welfare.
This invaluable one-stop reference source supplies students and general readers with historical and current information on the victims' rights revolution in the United States, providing analysis on everything from human rights reports to Supreme Court cases that allows the reader to fully understand these documents. Victims' rights represent the greatest change in the criminal justice system within the last 30 years. Victims' Rights: A Documentary and Reference Guide traces the origins, evolution, and results of the victims' rights movement. It puts victims' rights in a legal, historical, and contemporary context, and comprehensively collects important victims' rights documents in a single volume-perfect for students as well as general readers. Bringing together dozens of varied documents such as presidential task force reports and recommendations, Supreme Court cases, state constitutions, human rights reports, critical articles, and political documents, this book is an indispensable resource for those seeking to understand the origins and modern consequences of American victims' rights policy. The author's accompanying commentary and analysis helps the reader to gain a complete comprehension of the significance of these documents, while numerous bibliographic sources provide additional resources for interested readers. Many primary source documents, such as the President's Task Force on Victims of Crime A focused bibliography follows each chapter An index offers easy access to documents and analysis
Nothing conjures up images of the American frontier and a pick-yourself-up-by-the-bootstraps view of freedom and independence quite like guns. Gun Crusaders is a fascinating inside look at how the four-million member National Rifle Association and its committed members come to see each and every gun control threat as a step down the path towards gun confiscation, and eventually socialism. Enlivened by a rich analysis of NRA materials, meetings, leader speeches, and unique in-depth interviews with NRA members, Gun Crusaders focuses on how the NRA constructs and perceives threats to gun rights as one more attack in a broad liberal cultural war. Scott Melzer shows that the NRA promotes a nostalgic vision of frontier masculinity, whereby gun rights defenders are seen as patriots and freedom fighters, defending not the freedom of religion, but the religion of individual rights and freedoms.
Martin Luther King Jr exercised a tremendous degree of influence in a movement that between 1955 and 1965 successfully dismantled a system of legalised racial segregation and disfranchisement entrenched for over sixty years in the United States. How did King, who came from a subordinated group within American society, help effect this change? What background, characteristics, abilities and ideas enabled him to do this? Why was King so important in shaping the civil rights movement? John A. Kirk looks at the sources of King's power in the black community and its relationship to wider American society, focusing particularly on the role of the black church, the philosophy of nonviolence and issues of leadership, whilst paying due attention to the voices of King's critics and detractors and to the limitations of his power. He locates King firmly within the context of other leaders and organisations, voices and opinions, and tactics and ideologies, which made up the movement as a whole. Fifty years after the Montgomery bus boycott, which launched King's movement leadership, this book moves beyond the all-too-often oversimplified story of King's life and times to provide an innovative analytical framework for understanding the role played by one of the United States' most important historical figures. John A. Kirk is senior lecturer in US History at Royal Holloway, University of London. He has written extensively on the history of the civil rights movement, including "Redefining the Color Line: Black Activism in Little Rock, Arkansas, 1940 1970" (2002) which won the 2003 J. G. Ragsdale Book Award.""
Mexicans, Haitians, Salvadorans, Cubans, Dominicans, West Indians, and Puerto Ricans, among other groups, have all sought to migrate to areas with more economic activity or less political repression than their native countries. Upon arrival in a new country, they face such problems as impersonal bureaucracies, racial prejudice, and job discrimination. "The Caribbean Exodus" is a welcome study of the historical, cultural, geographic, and economic forces behind these migrations. Examining many regions of the Caribbean, the contributors compare similarities and differences of the migrant experiences, both in their original countries and upon reaching their destinations. This timely book is an essential tool for understanding the complexities of the Caribbean migration and for developing informed and judicious policy.
View the Table of Contents. "Choice Magazine" Outstanding Academic Titles 2005 Winner "[William's] theory is elegant in its explication and provocative in its implications for government restrictions on speech ranging from the hateful, the symbolic, the politically subversive, and the costly. A must read."--"Choice," A 2005 "Choice" Outstanding Academic Title "Meticulously argued and clearly organized, her account of free speech is both fundamentally feminist and optimistic."--"The Law and Politics Book Review" "What emerges from this well-written work of careful scholarship
is an important contribution to free speech literature." Amidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech, Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplines--including law, political theory, philosophy, and anthropology--the book develops alternative accounts of truth and autonomy as the foundations for freedom of expression. Building on feminist understandings of self and the social world, Williams argues that both truth and autonomy are fundamentally relational. With great clarity and insight, Williams demonstrates that speech is the means by which we create rather than discover truth and the primary mechanism through which we tell the stories that constitute our autonomy. She examines several controversial issues in the law of free speech--includingcampaign finance reform, the public forum doctrine, and symbolic speech--and concludes that the legal doctrine through which we interpret and apply the First Amendment should be organized to protect speech that serves the purposes of truth and autonomy.
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations (UN) Convention against Transnational Organized Crime, is a noteworthy achievement and, crucially, provides the first internationally agreed definition of the human trafficking. However, it fails to provide clarity as to the exact scope and meaning of exploitation. Instead, it provides an open-ended list of forms of exploitation that ''at a minimum'' amount to exploitation. The international definition's preference for an enumerative approach has subsequently been replicated in most regional and domestic legal instruments. In the absence of a clear definition of exploitation, it is difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the UN Protocol; namely, forced or compulsory labour, practices similar to slavery and slavery. This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law. The book uses exploitation theory to understand its application in law. The legal and theoretical analysis of exploitation first identifies the foundational elements of exploitation and then applies them to a comparative, empirical, domestic criminal case law analysis of two European national legal orders: Belgium and England & Wales. The book concludes with a proposition for a legal conceptualisation of labour exploitation that identifies the necessary and sufficient conditions that are required to determine whether or not the involuntary provision of work or services amounts to labour exploitation. The book's presentation of an evidence-based conceptualisation of labour exploitation is not only of added value for scholars but also for legal practitioners, policy makers and civil society representatives who are required to interpret and apply human trafficking law policy and practice in order to determine the existence (or not) of exploitative working conditions.
The African American heritage is interwoven throughout the history of the United States, but few educators are prepared to teach children about the events that shaped the African American experience. Most of the stories about slavery, the days when it was illegal to teach black children to read, and when blacks were not allowed to vote or own land, are part of the remembered oral history of black families. Morgan retells American history from the point of view of the events that effected blacks--the Great Depression, the WPA, and the federal policies that led to current Head Start programs, school integration in the 1950s and the Civil Rights Movement in the 1960s, the War on Poverty, and the IQ controversy. He shows how Aesop and the teachings of Socrates and Aristotle established the philosophical traditions perpetuated by the great black educators, W.E.B. DuBois and Booker T. Washington, with the purpose of providing black children with a better understanding of their heritage, their importance in American history, and their place in the world.
"With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania" Simona u uianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region." "It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book. "
Former slaves, with no prior experience in electoral politics and
with few economic resources or little significant social standing,
created a sweeping political movement that transformed the South
after the Civil War. Within a few short years after emancipation,
not only were black men voting but they had elected thousands of
ex-slaves to political offices. Historians have long noted the role
of African American slaves in the fight for their emancipation and
their many efforts to secure their freedom and citizenship, yet
they have given surprisingly little attention to the system of
governance that freedpeople helped to fashion. Justin Behrend
argues that freed-people created a new democracy in the
Reconstruction era, replacing the oligarchic rule of slaveholders
and Confederates with a grassroots democracy.
Eclipse of Freedom unravels the dynamics of oppression that frustrates human aspiration, highlights policy linkages that explain unwarranted misery, assesses the human damage caused by dysfunctional social policies and fragmented services, and identifies a progressive mechanism of social transformation. Brij Mohan posits social theory and the human condition in a post-material context that emphasizes peace, justice, and equality as biodiverse needs of the human family. The focus of the study is the structure of oppression: racism, sexism, ageism, classism, as well as poverty, AIDS, homelessness, and other scourges that affect the alienated underclass. Mohan rejects the New World Order as a perversion of Nietzschean logic and challenges scientists, philosophers, and policymakers to think critically and to act responsibly in search of universal freedom. |
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