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Books > Social sciences > Politics & government > Political control & freedoms
This book examines the practice of transitional justice in the Solomon Islands from the period of the 'The Tensions' to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous-at times incompatible-approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.
This book is open access under a CC BY 4.0 license. This book addresses the peculiarities of the current presidential election system not yet addressed in other publications. It argues that any rules for electing a President that may have a chance to replace the current ones should provide an equal representation of states as equal members of the Union, and of the nation as a whole. This book analyzes the National Popular Vote plan and shows that this plan may violate the Supreme Court decisions on the equality of votes cast in statewide popular elections held to choose state electors. That is, the National Popular Vote plan may violate the Equal Protection Clause of the Fourteenth Amendment. The book proposes a new election system in which the will of the states and the will of the nation as a whole are determined by direct popular elections for President and Vice President in the 50 states and in D.C. This system a) would elect President a candidate who is the choice of both the nation as a whole and of the states as equal members of the Union, b) would let the current system elect a President only if the nation as a whole and the states as equal members of the Union fail to agree on a common candidate, and c) would encourage the candidates to campaign nationwide. The second edition has been updated to include a proposal on how to make established non-major party presidential candidates and independent candidates welcome participants in national televised presidential debates with the major-party candidates.
This book examines the process of Spanish integration into the European Community, from 1962 when Spain under the Franco regime applied to the European Community to 1985, when democratic Spain became a member of the EEC. It aims to prove that, first the European Community was the crucial external factor determining political change in Spain, and secondly that Europeanism was a mechanism of political change, as it was the only aim which unified the whole political spectrum from the Francoist establishment to the democratic opposition.
This innovative new text focuses on the politics of international security: how and why issues are interpreted as threats to international security and how such threats are managed. After a brief introduction to the field and its major theories and approaches, the core chapters systematically analyze the major issues on the contemporary international security agenda. Each is examined according to a common framework that brings out the nature of the threat and the responses open to policy makers. From war, terrorism and weapons of mass destruction, through environmental and economic crises, to epidemics, cyber-war and piracy, the twenty-first century world seems beset by a daunting range of international security problems. At the same time, the academic study of security has become more fragmented and contested than ever before as new actors, issues and theories increasingly challenge traditional concepts and approaches. This new edition has been heavily revised to discuss for the failings of the Obama admiration and its strategic partners on a number of different security issues, and the constant, evolving instances of turmoil the world has experienced since, whilst providing the skills students need to conduct their own research of international security issues occurring outside of this text, and for issues yet to occur. Cyber security, the 'Arab Spring' revolutions, the Ebola outbreak, and the refugee crisis are just some examples of the plethora of subjects that Smith analyses within this text. This textbook is an essential for those studying international security, whether at undergraduate or postgraduate level as part of a degree in international relations, politics, and other social sciences more generally. New to this Edition: - Chapter on cyber security - Up-to-date issues and field coverage - New 'mini-case studies' in each chapter - Updated analytical/pedagogical framework Pioneering framework for students to apply theory and empirical evidence correctly to tackle analytical and comparative tasks concerning both traditional and non-traditional security issues
On Saturday, September 5, 1964, the family of Albert W. ""Red"" Heffner Jr., a successful insurance agent, left their house at 202 Shannon Drive in McComb, Mississippi, where they had lived for ten years. They never returned. In the eyes of neighbors, their unforgiveable sin was to have spoken on several occasions with civil rights workers and to have invited two into their home. Consequently, the Heffners were subjected to a campaign of harassment, ostracism, and economic retaliation shocking to a white family who believed that they were respected community members. So the Heffners Left McComb, originally published in 1965 and reprinted now for the first time, is Greenville journalist Hodding Carter's account of the events that led to the Heffners' downfall. Historian Trent Brown, a McComb native, supplies a substantial introduction evaluating the book's significance. The Heffners' story demonstrates the forces of fear, conformity, communal pressure, and threats of retaliation that silenced so many white Mississippians during the 1950s and 1960s. Carter's book provides a valuable portrait of a family who was not choosing to make a stand, but merely extending humane hospitality. Yet the Heffners were systematically punished and driven into exile for what was perceived as treason against white apartheid.
With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves. With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790. The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.
In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
This title connects civil rights opponents to America's tradition of radical conservatism. The decade following the 1954 Brown v. Board of Education decision saw white southerners mobilize in massive resistance to racial integration. Most segregationists conceded that ultimately they could only postpone the demise of Jim Crow. Some militant whites, however, believed it possible to win the civil rights struggle. Histories of the black freedom struggle, when they mention these racist zealots at all, confine them to the margin of the story. These extremist whites are caricatured as ineffectual members of the lunatic fringe. Civil rights activists, however, saw them for what they really were: calculating, dangerous opponents prepared to use terrorism in their stand against reform. To dismiss white militants is to underestimate the challenge they posed to the movement and, in turn, the magnitude of civil rights activists' accomplishments. The extremists helped turn massive resistance into a powerful political phenomenon. While white southern elites struggled to mobilize mass opposition to racial reform, the militants led entire communities in revolt. "Rabble Rousers" turns traditional top-down models of massive resistance on their head by telling the story of five far-right activists - Bryant Bowles, John Kasper, Rear Admiral John Crommelin, Major General Edwin Walker, and J. B. Stoner - who led grassroots rebellions. It casts new light on such contentious issues as the role of white churches in defending segregation, the influence of anti-Semitism in southern racial politics, and the divisive impact of class on white unity. The flame of the far right burned brilliantly but briefly. In the final analysis, violent extremism weakened the cause of white southerners. Tactical and ideological tensions among massive resisters, as well as the strength and unity of civil rights activists, accelerated the destruction of Jim Crow.
Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.
Yevgeni Vladimirovich Brik and James Douglas Finley Morrison were central figures in what was considered one of the most important Cold War operations in the West at the time. Their story, which involves espionage, intelligence tradecraft, intelligence service penetrations, double agent scenarios, and betrayal, is a piece of Cold War intelligence history that has never been fully told. Yevgeni Brik was a KGB deep cover illegal who had been dispatched to Canada in 1951. He settled in Verdun, Quebec. He eventually became the KGB Illegal Resident where he had responsibility for running a number of agents, one of whom was working on the CF-105, Avro Arrow. In 1953, he fell in love with a married Canadian woman to whom he revealed his true identity. She persuaded him to turn himself in, which resulted in his becoming a double agent, working for Canada. He was later betrayed by a Royal Canadian Mounted Police Officer, James Morrison, who sought money from the KGB to pay his debts. Brik was consequently lured back to Moscow in 1955, where he was arrested, and interrogated. Convicted of treason, a traitor's fate awaited him, predictable, grim and final. Incredibly, he reappeared at a British Embassy as an old man in 1992, seeking Canada's help. He was exfiltrated by a joint Canadian / British intelligence team which was headed by Donald Mahar. He was debriefed by Mahar for several months when they returned to Canada.
This book takes a distinctive and innovative approach to a relatively under-explored question, namely: Why do we have human rights? Much political discourse simply proceeds from the idea that humans have rights because they are human without seriously interrogating this notion. Egalitarian Rights Recognition offers an account of how human rights are created and how they may be seen to be legitimate: rights are created through social recognition. By combining readings of 19th Century English philosopher T.H. Green with 20th Century political theorist Hannah Arendt, the author constructs a new theory of the social recognition of rights. He challenges both the standard 'natural rights' approach and also the main accounts of the social recognition of rights which tend to portray social recognition as settled norms or established ways of acting. In contrast, Hann puts forward a 10-point account of the dynamic and contingent social recognition of human rights, which emphasises the importance of meaningful socio-economic equality.
This book explores the significance of remembering the rescuers denouncing human rights crimes as well as protecting and sheltering targeted victims-including the dead-during the Cold War state violence in Latin America. In light of newly unearthed archival evidence, testimonial memories, and the continued mobilization of human rights groups to preserve Cold War memory, this timely book moves beyond the victim-perpetrator dichotomy and its discursive studies to focus on those whose moral courage and righteous acts were beacons of hope in the midst of extreme violence. Remembering Latin American "righteousness," a term used in Holocaust literature, is important in recognizing that those who resisted human rights violations and protected victims yesterday are those who often keep the collective memory of that past alive today.
Free Speech on America's K-12 and College Campuses: Legal Cases from Barnette to Blaine covers the history of legal cases involving free speech issues on K-12 and college campuses, mostly during the fifty-year period from 1965 through 2015. While this book deals mostly with high school and college newspapers, it also covers religious issues (school prayer, distribution of religious materials, and use of school facilities for voluntary Bible study), speech codes, free speech zones, self-censorship due to political correctness, hate speech, threats of disruption and violence, and off-campus speech, including social media. Randall W. Bobbitt provides a representative sampling of cases spread across the five decades and across the subject areas listed above. Recommended for scholars of communication, education, political science, and legal studies.
Historians have exhaustively documented how African Americans gained access to electoral politics in the mid-1960s, but few have scrutinized what happened next, and the small body of work that does consider the aftermath of the civil rights movement is almost entirely limited to the Black Power era. In "Rumor, Repression, and Racial Politics," George Derek Musgrove pushes much further, examining black elected officials' allegations of state and news media repression--what they called "harassment"--to gain new insight into the role of race in U.S. politics between 1965 and 1995. Drawing from untapped sources, including interviews he conducted with twenty-five sitting and former black members of Congress, Musgrove tells new stories and reinterprets familiar events. His cast of characters includes Julian Bond, Adam Clayton Powell Jr., Alcee Hastings, Ronald Dellums, Richard Arrington, and Marion Barry, as well as white political figures like Newt Gingrich and Jefferson Sessions. Throughout, Musgrove con-nects patterns of surveillance, counterintelligence, and disproportionate investigation of black elected officials to the broader political culture. In so doing, he reveals new aspects of the surveillance state of the late 1960s, the rise of adversary journalism and good government reforms in the wake of Watergate, the official corruption crackdown of the 1980s, and the allure of conspiracy theory to African Americans seeking to understand the harass-ment of their elected leadership. Moving past the old debate about whether there was a conscious conspiracy against black officials, Musgrove explores how the perception of harassment shaped black political thought in the post-civil rights era. The result is a field-defining work by a major new intellectual voice.
Apartheid and its resistance come to life in this memoir making it a vital historical document of its time and for our own. In 1969, while a student in South Africa, John Schlapobersky was arrested for opposing apartheid and tortured, detained and eventually deported. Interrogated through sleep deprivation, he later wrote secretly in solitary confinement about the struggle for survival. Those writings inform this exquisitely written book in which the author reflects on the singing of the condemned prisoners, the poetry, songs and texts that saw him through his ordeal, and its impact. This sense of hope through which he transformed his life guides his continuing work as a psychotherapist and his focus on the rehabilitation of others. "[T]hetale of an ordinary young man swept one day from his life into hell, testimony to the wickedness a political system let loose in its agents and, above all, an intimate account of how a man became a healer."-Jonny Steinberg, Oxford University From the introduction: I was supposed to be a man by the time I turned 21, by anyone's reckoning. By the apartheid regime's reckoning, I was also old enough to be tortured. Looking back, I can recognize the boy I was. The eldest of my grandchildren is now approaching this age, and I would never want to see her or the others - or indeed anyone else - having to face any such ordeal. At the time my home was in Johannesburg, only some thirty miles from Pretoria, where I was thrown into a world that few would believe existed, populated by creatures from the darkest places, creatures of the night, some in uniform. I was there for fifty-five days, and never went home again.
This book contributes to the debate over the culpability of the Trans-Atlantic Slave from various disciplinary perspectives. The general thesis that undergirds the book is that by knowing who was predisposed to benefit the most from the trade and why, prompting them to initiate it, appropriate culpability can be assigned. This approach also allowed for a more in-depth analysis of the issue from many disciplines, making it the first of its kind. For the sake of cohesion and coherence, some of the major questions addressed by every chapter are quite similar, albeit authors were encouraged to fine-tune and add to these questions to meet their disciplinary requirements. By emphasizing the why in some of the questions, a qualitative explanatory case study approach was utilized. Both primary and secondary data sources were also used for each chapter to offer a cogent analysis and new information on the topic.
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
This book is about Freedom of Speech and public discourse in the United States. Freedom of Speech is a major component of the cultural context in which we live, think, work, and write, generally revered as the foundation of true democracy. But the issue has a great deal more to do with social norms rooted in a web of cultural assumptions about the function of rhetoric in social organization generally, and in a democratic society specifically. The dominant, liberal notion of free speech in the United States, assumed to be self-evidently true, is, in fact, a particular historical and cultural formation, rooted in Enlightenment philosophies and dependent on a collection of false narratives about the founding of the country, the role of speech and media in its development, and the relationship between capitalism and democracy. Most importantly, this notion of freedom of speech relies on a warped sense of the function of rhetoric in democratic social organization. By privileging individual expression, at the expense of democratic deliberation, the liberal notion of free speech functions largely to suppress rather than promote meaningful public discussion and debate, and works to sustain unequal relations of power. The presumed democratization of the public sphere, via the Internet, raises more questions than it answers-who has access and who doesn't, who commands attention and why, and what sorts of effects such expression actually has. We need to think a great deal more carefully about the values subsumed and ignored in an uncritical attachment to a particular version of the public sphere. This book seeks to illuminate the ways in which cultural framing diminishes the complexity of free speech and sublimates a range of value-choices. A more fully democratic society requires a more critical view of freedom of speech.
On March 8, 1971, the Supreme Court of the United States decided a case, "Griggs v. Duke Power Co.", brought by thirteen African American employees who worked as common laborers and janitors at one of Duke Power's facilities. The decision, in plaintiffs' favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In this book, Robert Belton, who represented the plaintiffs for the NAACP Legal Defense Fund and argued the case in the lower courts, gives a firsthand account of legal history in the making--and a behind-the-scenes look at the highly complex process of putting civil rights law to work. Title VII of the Civil Rights Act of 1964 eliminated much blatant discrimination, but after its enactment and before "Griggs," businesses held the view that a commitment to equality required only eliminating policies and practices that were intentionally discriminatory--the "disparate treatment" test. In "Griggs v. Duke Power Co.," the Supreme Court ruled that a "disparate impact" test could also apply--that the 1964 Civil Rights Act extended to practices with a discriminatory "effect." In tracing the impact of the "Griggs" ruling on employment practices, this book documents the birth, maturation, death, and rebirth of the disparate impact theory, including its erosion by later Supreme Court decisions and its restoration by congressional action in the Civil Rights Act of 1991. Belton conducts us through this historic case from the original lawsuit to the Supreme Court decision in "Griggs" and beyond as he traces the post-"Griggs" developments in the lower courts, the Supreme Court, and Congress; he provides informed insights into both litigators' and judges' perspectives and decision-making. His work situates the case in its legal, social, and historical contexts and explores the relationship between public and private enforcement of the law, with a focus on the Legal Defense Fund's litigation campaign against employment discrimination. A detailed examination of the development of legal principles under Title VII, this book tells the story of this seminal decision on equal employment law and offers an unprecedented close-up view of personal conviction, legal strategy, and historical forces combining to effect dramatic social change.
The first decades of the twentieth century were years of dramatic
change in Zanzibar, a time when the social, economic, and political
lives of island residents were in incredible flux, framed by the
abolition of slavery, the introduction of colonialism, and a tide
of urban migration. "Pastimes and Politics" explores the era from
the perspective of the urban poor, highlighting the numerous and
varied ways that recently freed slaves and other immigrants to town
struggled to improve their individual and collective lives and to
create a sense of community within this new environment. In this
study Laura Fair explores a range of cultural and social practices
that gave expression to slaves' ideas of emancipation, as well as
how such ideas and practices were gendered.
The Spratly Islands have represented a potential political and military flashpoint in the South China Sea for years, involving as they do various claims by China, the Philippines, Vietnam, Malaysia, and Taiwan. This edited volume examines the issues involved in light of confidence- building measures that new high-resolution satellite imagery can offer to this, and other, regions. Baker, Wiencek, and their contributors assess the potential role for cooperative monitoring in mitigating the risk of conflict arising from multinational disputes over the Spratly Islands. They analyze how this new generation of civilian and commercial observation satellites can be used to reduce the changes of armed conflict breaking out by providing transparency that will detect and identify politically significant activities occurring at disputed islands and reefs among the Spratlys. Of particular interest to policy makers, scholars, and other researchers involved with military issues in Asia and international security concerns. |
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