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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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.
The revival of America's civic life is one of the most popular proposals to cure the host of social and political ills that plague contemporary life. The thinking is that many of our social problems, including drug abuse, crime, divorce, and welfare dependency, are the products of an individualistic culture that no longer joins together to solve its collective problems. Individualism has devolved into selfishness and private rights take precedent over any collective good. As one analyst states, our once demanding virtues have turned into relativized values, and the loss of social demands allow people to act in ways destructive of the general welfare. Denning examines in detail today's civic virtue debate and the main proponents of this agenda. He argues that the conservative focus on moral behavior excludes other essential factors that contribute to social changes that affect America's civic behavior. Instead of recalling some halcyon civic benchmark, he addresses today's problems in the context of the social changes that contribute mixed results to America's collective action. One fundamental change gives greater power to people--in the Jeffersonian tradition--to determine how they choose to govern themselves. Equally important, after a brief review of what happens in today's local communities across the country, Denning challenges the diatribe that America lacks civic virtue. Moreover, as America struggles with growing economic inequality, its civic life mirrors the growing disparity in wealth. As suburbia displays some hallmarks of traditional civic activity, inner cities develop civic activities out of utter necessity to fend off the ills of crime, drugs, poverty, and economic desperation.
George Luther Stearns became John Brown's single most important financial backer. He personally owned the 200 Sharps rifles Brown brought to Harper's Ferry. Massachusetts Governor John Andrew asked Stearns to recruit the first northern state African-American regiment, the 54th Massachusetts Infantry, recently made famous by the Hollywood movie Glory. Stearns was made a major and made Assistant Adjutant General for the Recruitment of Coloured Troops. He recruited over 13,000 African-Americans and established schools for their children and found work for their families. After Emancipation, he worked tirelessly for African-American civil rights. Friends and associates included the Emersons and the Alcotts, Thoreau, Lydia Maria Child, Charles Sumner, Andrew Johnson, and Frederick Douglass.
Continuum's Reader's Guides are clear, concise and accessible introductions to classic works of philosophy. Each book explores the major themes, historical and philosophical context and key passages of a major philosophical text, guiding the reader toward a thorough understanding of often demanding material. Ideal for undergraduate students, the guides provide an essential resource for anyone who needs to get to grips with a philosophical text. First published in 1859, John Stuart Mill's On Liberty has exerted an enormous influence on philosophical and political thought ever since. Mill, also famous for his writings on utilitarianism, argues that individual liberty is of paramount importance and that any infringements of it must be kept to an absolute minimum. Mill himself described his brief but brilliant book as asserting 'one very simple principle . . . that the sole end for which mankind are warranted, individually or collectively, in interfering in the liberty of any of their number, is self-protection.' Of course, drawing out the implications of this principle has proved to be anything but simple, and the various interpretations of Mill's doctrine have spawned countless debates and mountains of secondary literature. Numerous moral and political theorists have drawn on Mill's work, including Berlin, Rawls and Raz, and his ideas remain as relevant as ever today.
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 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.
An examination of the long-ignored vicious side to the legend of Brazilian President Getulio Dornelles Vargas, this is the tale uncovered by the first civilian to spend months in the secret police archives of Rio de Janeiro. Rose has utilized new eyewitness testimony and insider information in offering explanations to several events that proved pivotal in Brazil during the 1930s and 1940s. During Vargas's tenure, the quality and quantity of human rights abuses reached unprecedented heights. Violence, as a means of coercing the public, was evident in all sectors of the security apparatus. Several tools of torture developed during the hunt for communists are still in use today. Almost by definition, politicians have to offer a semblance of providing something for each different sector of society. Vargas was better at this than his predecessors in that with ease he proudly wore the various vestments of dictator, fascist, democrat, and populist as necessary. For the poor, he was the paternalistic benefactor; for the middle class, he was the one who brought stability; and for the wealthy, he supported the status quo. This ability to juggle forces and interests was grounded in his security apparatus. Beginning with the unsuccessful Communist Revolution of 1935, the nation's police forces redefined and in some cases reinvented the torture that had occurred in Brazil from colonial times onward. The harshness of their methods was matched only by the ardor of their example for coming generations.
Written by a distinguished group of social scientists, the essays address critical aspects of the global refugee situation. The contributors analyze the current problem from the perspectives of law, ethics, and social science, paying particular attention to the linkages and conflicts between international and national refugee issues and concerns. Arguing that a serious gap exists between the obligations undertaken by government delegations to the various refugee conventions and what is actually required to meet the needs of the displaced, the contributors issue a call for concerted international action to address the refugee challenge, explore alternatives to existing policies, and suggest choices consistent with the goal of human dignity for all. Following an introductory chapter on the nature of the refugee problem, the volume is divided into four parts. The contributors first explore international responses to the refugee problem examining such issues as the rights of refugees under international law, the problem of accountability, and conflicting trends in Western European refugee policies. In a section devoted to the United States response, topics covered include U.S. refugee policy in Africa, Central American refugees, the role of Congress and the courts, and trends in U.S. immigration law and policy. The following chapters address the response of citizens and church-affiliated groups while the concluding section examines ways in which countries can act both to avert the flow of refugees and provide more effective protection for those that need it. An excellent set of readings for courses in international relations and international law, this volume is an important step towards the solution of the international refugee crisis.
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.
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.
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.
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.
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.
The term 'vulnerability' is often used in law and policy to refer to disadvantaged, marginalized or excluded human beings. Being 'in a vulnerable situation', belonging to 'a vulnerable group' or simply 'being vulnerable' are labels that policy makers, human rights advocates and others frequently use when seeking to address precariousness, deprivation, suffering and injustice. Why do we seem so fascinated by this term and its implications? What purpose and effect does the explicit pinpointing of vulnerability have? Does a focus on vulnerability actually help to improve the situation of the most disadvantaged and excluded? If so, how and under what circumstances? With these questions in mind, this book explores how a vulnerability focus in basic assistance policies can contribute to substantive equality and therefore to the realization of universal human rights in the migration context. The book concentrates on the potential that such a vulnerability focus can have 1) to mitigate stigmatization and stereotyping and 2) to facilitate socio-economic participation. To shed light on this potential, the book relies on two case studies, both set in Khartoum, Sudan. The first case study analyzes the vulnerability-focused basic assistance policy at the United Nations High Commissioner for Refugees (UNHCR), while the second case study centres on the vulnerability-focused basic assistance policy at the International Organization for Migration (IOM). The analyses concentrate on the perspectives and perceptions of basic assistance providers (i.e. the caseworkers and their direct superiors) who design and implement the respective basic assistance policies. The book provides deep insights into the policy practice of two UN agencies that seek to provide humanitarian assistance in the challenging operational environment of Sudan. The findings suggest normatively desirable and practically feasible procedures and activation measures that can help to provide just and effective assistance to vulnerable beneficiaries. The conclusions and recommendations in this book can therefore provide inspiration to researchers, policy makers and basic assistance providers well beyond the direct context of the two case studies.
The principal question investigated in this book is what normative justification can be provided for economic, social and cultural rights (ESC rights) guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights. In particular, it seeks to answer whether and in what manner human dignity provides a viable normative justification for ESC rights guaranteed under international law, what kind of concrete legal obligations of the State party flow from these rights, and the way these obligations are reflected in the jurisprudence of international human rights monitoring bodies from across jurisdictions. It also examines the kind of legal obligations the State bears towards vulnerable persons within its jurisdiction. These are questions born out of the current limitations and lack of substantive progress in both the academic debate and practical enforcement of ESC rights. In order to give answers to these questions, this book has adopted two levels of inquiry. First, it discusses the theoretical problems affecting the effective realisation of ESC rights. Secondly, it takes an inductive approach in analysing ESC rights jurisprudence from African, Inter-American, European and UN human rights systems. Thus, having identified the critical limitations of traditional human rights theories, the book introduces the idea of the social conception of human rights, that is, human rights as being rooted in and essentially concerned with the practical and complex social relations and therewith the protection, preservation and promotion of the life and value of human beings. It is argued that human dignity constitutes an underlying moral principle behind the social relations and the normative justification of all human rights. As a normative principle, human dignity entails the State obligation to ensure an unconditional respect for the moral and biological being of humans. In the context of ESC rights, this obligation influences the State's obligation to respect and ensure essential procedural and substantive conditions required to live a dignified human life. The study therefore offers a fresh perspective on the way we should approach the justification, nature and legal implications of ESC rights both generally and in the specific context of vulnerable persons. It is hoped that beyond inspiring further academic discourse on ESC rights the book serves as a useful reference material for courts, human rights monitoring bodies, policy makers and civil societies concerned with the realisation of ESC rights both at the national and international level.
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.
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.
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.
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.
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.
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"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." "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." "Martin uses a number of fresh quotations and a helpful
arranging and packaging of many ideas on a momentous topic." "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." "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." 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.
Law, Cultural Studies and the "Burqa Ban" Trend: An Interdisciplinary Handbook offers an in-depth and multi-perspective account of the "burqa ban" trend. With a focus on Europe and America, this book examines the law at national and international levels. Its interdisciplinary approach encompasses ethics, gender studies, philosophy, political science and religion to provide much needed insights into value and identity politics, diversity, discrimination and human rights, in addition to the discussions surrounding the courts' contradictory judgments. The book also includes a first-hand account by a Muslim burqa-wearer, alongside contributions by leading academic researchers and legal professionals that provide food for thought that can benefit future discussions among scholars, students, legal professionals and policymakers. Analytical work is supplemented with, among other aspects, examinations of the frameworks that derive from dialectical thinking or ideas and theories about democracy, autonomy and male and white desire to control, conquer and dominate.
Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.
There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately capture the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments. |
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