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.

In his major new work Chandran Kukathas offers, for the first time, a book-length treatment of this controversial and influential theory of minority rights. The author argues that the free society should not be seen as a hierarchy of superior and subordinate authorities but an archipelago of competing and overlapping jurisdictions.The idea of a liberal archipelago is defended as one which supplies us with a better metaphor of the free society than do older notions such as the body politic, or the ship of state. In challenging most of the existing theories of the multicultural society and answering his past critics, Kukathas has produced the book that no one with an interest in multiculturalism can afford to ignore.

This comparative study of terrorism and counter-measures and their effect upon democratic practices and traditions is published under the auspices of the University of New Brunswick Centre for Conflict Studies in Canada. David A. Charters, Editor, has brought together a team of well-known experts to assess the nature of international terrorism in recent years and the possible effect of anti-terrorist policies and counter-measures upon democratic processes and civil liberties in Britain, Germany, Israel, Italy, France, and the United States. Their findings challenge current notions about terrorism and its consequences. A selected bibliography points to some of the most important sources of information on terrorism today.

This study seeks to explain the impact of historical narratives on the inclusiveness and pluralism of citizenship models. Drawing on comparative historical analysis of two post-imperial core countries, Turkey and Austria, it explores how narrative forms operate to support or constrain citizenship models.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

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.

Underpinning contemporary political debates and organizational restructuring is a serious rethinking of rights and responsibilities in the roles of governments, communities, companies, and individuals in a civil society. "International Rights and Responsibilities for the Future" provides a foundation for these debates by focusing on the need to reintegrate rights and responsibilities with contributions by authorities engaged in the process. A wide range of notable figures weigh in on the subject: Audrey R. Chapman argues for a revisioning of human rights as an instrument through which interrelated persons shape and reshape a social covenant defining reciprocal rights and responsibilities. Philippa Strum contends that the idea of individual responsibility to the community is central to rights and contract theory, as articulated in the Western tradition. Amitai Etzioni presents the communitarian view of too many rights, too few responsibilities. And David Boaz gives the libertarian view that one fundamental right is the right to live your life as you choose so long as you don't infringe on the equal rights of others. Particular attention is given to the arguments for a new international bill of rights and the issues of peace and security, information and knowledge technologies, the Global Society and knowledge-based development, criminal justice, human rights education, and sustainable development.

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.

"The Free and Open Press ought to be required reading whenever anyone questions the meaning of the Founding Fathers, the framers of the Constitution, or other early American icons of liberty."
--"Journalism History"

"Robert W. T. Martin revitalizes a debate over the status of press rights in eighteenth-century America that had grown tiresome over the past 20 years...all scholars of American political thought and constitutional development should read this book."
--"American Political Science Review"

"Martin uses a number of fresh quotations and a helpful arranging and packaging of many ideas on a momentous topic."
-- "American Historical Review"

"Martin is not the first to examine that familiar topic, but his is the most heavily contextualized discussion of the topic yet and the most ambitious in scope."
--"The Journal of American History"

"In a welcome contrast to many recent studies (and museum exhibitions), Martin sees a clear, prima facie party distinction on the issue of press freedom."
--"William and Mary Quarterly"

The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first realexpansions of the early American public sphere and civil society itself.

Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.

In 2012, over 200 academics who are active in international childhood and youth research gathered together alongside young people for a unique ICYRNet conference where they debated and discussed participatory approaches. Participation, Citizenship and Intergenerational Relations in Children and Young People's Lives continues the dialogue between young people and adults that started then. This edited collection draws together work from six countries about participatory research and intergenerational relations. Adopting participatory techniques, the editors worked with children and young people to co-author three chapters that each reflect young people's interpretations of three chapters written by adults. This provides a unique insight into how children and young people view research which is about them as well as highlighting their perspectives on research which resonates with their own life experiences. The book includes reference to a wealth of supplementary visual and audio materials which are available on the conference website at www.dvigc.com.

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Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya. Why, despite the introduction of new land laws beginning in 2012, has there been an increase in land grabbing in Kenya? Why has legislation failed to address long standing grievances about grossly unequal land distribution? This important book suggests that questions of justice should be central to discussions of African land reform. Constitutional reformers in Kenya promised transformative changes in land relations. However, the reality has disappointed. Land law reforms since 2010 have been more concerned with the administration of land and with bureaucratic power than with the real consequences of unequal access to land for ordinary Kenyans. Manji documents this thwarted struggle and surveys the prospects for genuine change. Published in association with the British Institute in Eastern Africa. Ambreena Manji is Professor of Land Law and Development at the School of Law and Politics, Cardiff University. Between 2010 and 2014, she was Director of the British Institute in Eastern Africa. Her books include The Politics of Land Reform in Africa (2006). Vita Books: Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan and South Africa.

Spanning the eight decades between the American Revolution and the Civil War, Bethel focuses on the lives of African Americans living in the nominally free northern and western states. Examining race and the construction of a politicized racial identity, this book explores how a group of fundamentally marginalized people crafted a uniquely New World ethnic identity which informed popular African American historical consciousness. The vision of freedom and historical consciousness this population crafted shaped post-1865 African American participation in Reconstruction, formed the spiritual and ideological foundation for the modern Pan-African movement and provided the historical legacy for the Civil Rights Movement of the 1960s.

On September 3, 1984 in Sharpeville, South Africa, a peaceful demonstration about rent erupted into a bloody battle between white police and black residents. The Apartheid government arrested, tried, and sentenced to death six people for allegedly killing a town councillor. After an unprecedented international campaign, the prisoners were ultimately granted clemency and released.

In the Shadow of Sharpeville explores the case in comprehensive, personal detail. Among the "Sharpeville Six" was Francis Mokhesi, whose sister, Joyce Mokhesi-Parker and coauthor, Peter Parker, here scrutinize the crime and its investigation by the police, the prosecution's case, and the response of the defense. They argue convincingly that the convictions were obtained because of the inventiveness of the judge and the selective attention paid to the evidence. The authors further examine the corrupting effect of the system on its victims, using Francis Mokhesi's letters from death row to show how an individual responds to the pain and fear of impending execution.

In the Shadow of Sharpevill reveals the obduracy of a regime which refused to understand how indefensible its behavior had become and which still believed that a state could declare war on its people and win.

Why is solitary confinement used in today's world? Does it help the rehabilitation of offenders? And how is policy affected by justification for the use of it? This book is the first to consider the history of solitary confinement and how it is experienced by the individuals undergoing it. Using Merleau-Ponty's concept of embodied subjectivity, it provides first-hand accounts of the inhumane experience of solitary confinement to provide a better appreciation of the relationship between penal strategy and its effect on human beings. Drawing on his own experiences as a Psychological Specialist in the Pennsylvania Department of Corrections and on those interviewed as part of the Guardian 6x9 project (http://www.theguardian.com/world/ng-interactive/2016/apr/27/6x9-a-virtual-experience-of-solitary-confinement), the author focuses on the phenomenology of solitary confinement to consider what the intentional aspect of this almost uninhabitable type of confinement says about a democratic society that continues to justify its use as a correctional strategy. Aiming to influence policy, the book fills the gap between the practice of solitary confinement and its implications, as well as the social attitudes that uncritically condone its use.

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.

This authoritative annotated document collection surveys and explains efforts to censor, intimidate, suppress—and reform and improve—news organizations and journalism in America, from the newspapers of colonial times to the social media that saturates the present day. This primary source collection will help readers to understand how the press has been vilified (usually by powerful political or corporate interests) over the course of American history, with a special focus on current events and how these efforts to censor or influence news coverage often flout First Amendment protections concerning freedom of the press. Selected documents highlight efforts to intimidate, silence, condemn, marginalize, and otherwise undercut the credibility and influence of American journalism from the colonial era through the Trump presidency. Most of the featured documents focus on efforts borne out of self-interested attempts to shape or conceal news for political or economic gain or personal fame, but coverage also includes instances in which press actions, attitudes, or priorities deserved censure. All told, the collection will be a valuable resource for understanding the importance of a free press to American life (and the constitutional basis for preserving such), the motivations (both selfish and altruistic) of critics of American journalism from the earliest days of the Republic to today, and the impact of all of the above on American society.

Can human rights really protect people from want? If one is lacking medical care or housing, can one really go to a judge and ask for the provision of such goods and services? These questions have proved divisive for academics, politicians and judges working in the field of human rights. Some consider that there is no real difference between civil and political rights and economic, social and cultural rights. Others think that economic, social and cultural rights have structural features that make their judicial protection unwelcome. This book aims to move this debate forward. It starts by recognizing that while there is no abyss between civil and political rights and economic, social and cultural rights, some perceptible differences between different duties arising out of human rights remain. In particular, duties aiming to provide for basic needs which are significantly costly give rise to problems that deserve special attention. They are structurally disposed to give rise to dilemmas. Under human rights, everybody is entitled to certain goods and services in times of dire need, but in a context of scarcity, there are not enough resources to provide these goods and services to everybody. Under what rule or principle would it be reasonable for judges to intervene in these sorts of situations? What would be the best approach to these problems? How can a judge intervene in these problems while maintaining his commitment to the rights of everyone? The book studies the possibilities of judicial engagement with matters of welfare in situations of scarcity. First, it isolates the real problems that such forms of judicial engagement entail. Afterwards, it presents three distinct strategies for protecting welfare duties judicially: reasonableness, prioritization and deliberative democratic dialogue. Reasonableness is based on the practice of reasonableness review present in the Constitutional Court of South Africa. By contrast, prioritization and deliberative democratic dialogue constitute more novel alternatives to reasonableness that are loosely inspired in various developments in comparative constitutional law. Finally, it discusses the relative merits and demerits of these strategies in an analytical framework based on qualitative comparative analysis.

This insightful book analyzes the political engagement and marginalization of three of Milan's migrant groups, Filipinos, Egyptians and Ecuadorians. Bringing together data relating to the civic and political engagement of individual migrants, and of migrant organizational networks, the result is an examination of the consequences of the political exclusion of migrants, exploring the different ways in which they cope with this predicament. Such exclusion, the author argues, has three major impacts. It can transform migrant groups into political subcultures and engender externally-driven participation, but it can also lead to radicalization.

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.

Neoliberal reforms have seen a radical shift in government thinking about social citizenship rights around the world. But have they had a similarly significant impact on public support for these rights? This unique book traces public views on social citizenship across three decades through attitudinal data from New Zealand, the United Kingdom and Australia. It argues that support for some aspects of social citizenship diminished more significantly under some political regimes than others, and that limited public resistance following the financial crisis of 2008-2009 further suggests the public 'rolled over' and accepted these neoliberal values. Yet attitudinal variances across different policy areas challenge the idea of an omnipotent neoliberalism, providing food for thought for academics, students and advocates wishing to galvanise support for social citizenship in the 21st century.

The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.

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.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as "outlaws" - through prohibitions on homosexuality or cross-dressing - to respectable "in laws" - through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people "inside" the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore "queer outsiders" who remain beyond the law's reach and outline the ways in which these outsiders might seek to "come within" and/or "stay outside" law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.

"Although two decades have passed since the nearly universal ratification of the UN Convention on the Rights of the Child, the realization of children's rights throughout much of the developing world continues to be a significant challenge. This collection of "essays from the field" combines accounts of the experiences and perspectives of marginalized children in ten developing countries with critical assessments of current child rights policies and strategies of intervention. In considering children living in arduous circumstances such as violent conflict, exploitative labor, incarceration, and institutional care, the collection also highlights the possibilities of enhancing the fundamental resiliency of children"--