Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

Bondspeople who fled from slavery during and after the Civil War did not expect that their flight toward freedom would lead to sickness, disease, suffering, and death. But the war produced the largest biological crisis of the nineteenth century, and as historian Jim Downs reveals in this groundbreaking volume, it had deadly consequences for hundreds of thousands of freed people. In Sick from Freedom, Downs recovers the untold story of one of the bitterest ironies in American history-that the emancipation of the slaves, seen as one of the great turning points in U.S. history, had devastating consequences for innumerable freedpeople. Drawing on massive new research into the records of the Medical Division of the Freedmen's Bureau-a nascent national health system that cared for more than 500,000 freed slaves-he shows how the collapse of the plantation economy released a plague of lethal diseases. With emancipation, African Americans seized the chance to move, migrating as never before. But in their journey to freedom, they also encountered yellow fever, smallpox, cholera, dysentery, malnutrition, and exposure. To address this crisis, the Medical Division hired more than 120 physicians, establishing some forty underfinanced and understaffed hospitals scattered throughout the South, largely in response to medical emergencies. Downs shows that the goal of the Medical Division was to promote a healthy workforce, an aim which often excluded a wide range of freedpeople, including women, the elderly, the physically disabled, and children. Downs concludes by tracing how the Reconstruction policy was then implemented in the American West, where it was disastrously applied to Native Americans. The widespread medical calamity sparked by emancipation is an overlooked episode of the Civil War and its aftermath, poignantly revealed in Sick from Freedom.

In the summer of 1928, William Alexander Scott began a small four-page weekly with the help of his brother Cornelius. In 1930 his Atlanta World became a semiweekly, and the following year W. A. began to implement his vision for a massive newspaper chain based out of Atlanta: the Southern Newspaper Syndicate, later dubbed the Scott Newspaper Syndicate. In April 1931 the World had become a triweekly, and its reach began drifting beyond the South. With The Grapevine of the Black South, Thomas Aiello offers the first critical history of this influential newspaper syndicate, from its roots in the 1930s through its end in the 1950s. At its heyday, more than 240 papers were associated with the Syndicate, making it one of the biggest organs of the black press during the period leading up to the classic civil rights era (1955-68). In the generation that followed, the Syndicate helped formalize knowledge among the African American population in the South. As the civil rights movement exploded throughout the region, black southerners found a collective identity in that struggle built on the commonality of the news and the subsequent interpretation of that news. Or as Gunnar Myrdal explained, the press was "the chief agency of group control. It [told] the individual how he should think and feel as an American Negro and create[d] a tremendous power of suggestion by implying that all other Negroes think and feel in this manner." It didn't create a complete homogeneity in black southern thinking, but it gave thinkers a similar set of tools from which to draw.

A definitive survey of the Iranian women's movement from its origins in the Pre-Pahlavi period to its status under Khomeini.

This single-volume work provides a concise, up-to-date, and reliable reference work that students, teachers, and general readers can turn to for a comprehensive overview of the civil rights movement-a period of time incorporating events that shaped today's society. This single volume encyclopedia not only provides accessible A-Z entries about the well-known people and events of the Civil Rights Movement but also offers coverage of lesser-known contributors to the movement's overall success and outcomes. This comprehensive work provides both authoritative ready reference and curricular content presented in a lively and accessible format that will support inquiry, critical thinking, and a deeper understanding of the importance of the time period. The Civil Rights Movement in America: From Black Nationalism to the Women's Political Council provides high school readers with accessible factual information and sources for further exploration. Its entries serve to document how the movement eventually toppled Jim Crow and inspired broader struggles for human rights, including the women's and gay liberation movements in the United States and around the globe. Just as importantly, the events of the civil rights movement serve to demonstrate the ability of ordinary people such as Rosa Parks to alter the course of history-an apt lesson for all readers. Includes primary documents such as the Brown v. Board of Education decision and the Civil Rights Act of 1964 accompanied by introductory essays that provide key historical context Supplies entries on a broad cast of actors, ranging from Martin Luther King Jr. and Malcolm X to Septima Clark, Virginia and Clifford Durr, Rosa Parks, and The Last Poets, thereby capturing the diversity of those who fought for racial equality Provides sidebars and carefully selected images that bring this people's movement to life for high school readers-personal stories; descriptions of lesser-known individuals, organizations, and speeches; connections to popular culture; and maps of the freedom ride route

The first book ever written on the new topic of strategic communication and how Usama bin Laden and Ayman al-Zawahiri are attempting to win the hearts and minds of the world-through fear, religion or admiration. "A chilling but insightful analysis of the words and ideas of the most determined - and dangerous -- ideologues of our times. Important reading for anyone trying to understand what we are up against in the movement of Usama bin Laden." Ashton B. Carter, Chair of the International and Global Affairs faculty, Harvard Kennedy School, and former Assistant Secretary of Defense "William Parker and Heidi Bridges force observers and analysts alike to step outside of their innate prejudices and visceral response to the words and ideas of the perpetrators of 9/11, and innumerable ongoing atrocities, to think strategically and to develop a clear real-time picture of the evolution of a hostile political movement. Parker & Bridges have successfully embedded the writings and statements of Usama bin Laden and Ayman al-Zawahiri within the theory, practice, and tradition of strategic communication to yield an invaluable contribution to the intellectual tool kit so critical to the development of the situational awareness vital to recognize and combat the current Jihadist threat. This book is a must read for analysts, policymakers and students in the intelligence, counterterrorism, and homeland security fields." Peter Leitner, President, Higgins Counterterrorism Research Center

View the Table of Contents. Read the Introduction.

"This fascinating study uses the tools and sources of diplomatic history to examine a sweep of national and international history far beyond the confines of diplomacya].For Horne, the slave trade, rather than slavery, was an explosive political issue much later in the 19th century that is normally understood. Highly recommended."
--"Choice"

"A well-researched, skillfully-written, and carefully-argued diplomatic history examining connections between the United States, Brazil, Africa, and Europe as they relate to the transatlantic slave trade. Horne sheds considerable light upon the ideas, ruminations, and practices of U.S. nationals in their interactions with and encounters of Brazil over the question of slavery, especially from the mid-nineteenth century on, and makes a valuable and important contribution to our knowledge and understanding of (American) hemispheric relations and trajectories, both eventual and potential."
--Michael A. Gomez, editor of "Diasporic Africa: A Reader"

aAn important study that starts with the proposition that what happens abroad affects developments in the United States. For the first time we are made aware of the extensive contacts between pro-slavery forces in the United States in the years after the abolition of the slave trade and the promoters of slavery in and the slave trade to Brazil and elsewhere.a
--Richard J. M. Blackett author of "Divided Hearts: Britain and the American Civil War"

During its heyday in the nineteenth century, the African slave trade was fueled by the close relationship of the United States and Brazil. The Deepest South tells the disturbing story of how U.S.nationals - before and after Emancipation -- continued to actively participate in this odious commerce by creating diplomatic, social, and political ties with Brazil, which today has the largest population of African origin outside of Africa itself.

Proslavery Americans began to accelerate their presence in Brazil in the 1830s, creating alliances there - sometimes friendly, often contentious - with Portuguese, Spanish, British, and other foreign slave traders to buy, sell, and transport African slaves, particularly from the eastern shores of that beleaguered continent. Spokesmen of the Slave South drew up ambitious plans to seize the Amazon and develop this region by deporting the enslaved African-Americans there to toil. When the South seceded from the Union, it received significant support from Brazil, which correctly assumed that a Confederate defeat would be a mortal blow to slavery south of the border. After the Civil War, many Confederates, with slaves in tow, sought refuge as well as the survival of their peculiar institution in Brazil.

Based on extensive research from archives on five continents, Gerald Horne breaks startling new ground in the history of slavery, uncovering its global dimensions and the degrees to which its defenders went to maintain it.

Edited by veteran Czech diplomat and senior religion scholar Glenn Hughes, The Presence of the Past presents new insights from a conference hosted by the Vaclav Havel Program for Human Rights and Diplomacy at Florida International University, in cooperation with the Czech non-profit organization Post Bellum and the Vaclav Havel Library. Its fundamental topic is memory, the human capacity to retain its contents in the flux of time, which is explored and discussed both theoretically and in terms of current action-oriented public discourse. The distinguished group of philosophers, theologians, political scientists, historians, journalists, and political activists who contributed to this volume share their perspectives on pressing issues in the modern world, at the nexus of politics and philosophy. This book's most central goal is to bring together those who are used to operating in the realm of ideas, in the so-called "ivory tower," and those who work on the ground-sharp observers of human matters, trained to study them from different perspectives and exposed in their daily lives to the practical problems connected with our capacities of memory, individual or collective. The aim of this dialogue and communication is to open a path to a new beginning. A postscript tries to demonstrate that such an encounter is truly possible; that it can even be productive, and make a good deal of sense.

In the 20 years between 1895 and 1915, two key leaders-Booker T. Washington and W.E.B. Du Bois-shaped the struggle for African American rights. This book examines the impact of their fierce debate on America's response to Jim Crow and positions on civil rights throughout the 20th century-and evaluates the legacies of these two individuals even today. The debate between W.E.B. Du Bois and Booker T. Washington on how to further social and economic progress for African Americans lasted 20 years, from 1895 to Washington's death in 1915. Their ongoing conversation evolved over time, becoming fiercer and more personal as the years progressed. But despite its complexities and steadily accumulating bitterness, it was still, at its heart, a conversation-an impassioned contest at the turn of the century to capture the souls of black folk. This book focuses on the conversation between Washington and Du Bois in order to fully examine its contours. It serves as both a document reader and an authored text that enables readers to perceive how the back and forth between these two individuals produced a cacophony of ideas that made it anything but a bipolar debate, even though their expressed differences would ultimately shape the two dominant strains of activist strategy. The numerous chapters on specific topics and historical events follow a preface that presents an overview of both the conflict and its historiographical treatment; evaluates the legacies of both Washington and Du Bois, emphasizing the trajectories of their theories beyond 1915; and provides an explanation of the unique structure of the work. Offers a fresh exploration of the fascinating conversations and controversies between two of the most important African American leaders in history Provides an in-depth exploration of these two important leaders' perspectives and views on America's response to Jim Crow and civil rights that leads to significant new conclusions about historical information Presents the words of DuBois, Washington, and their allies as a conversation that enables readers to better understand the big-picture story of these two scholars

In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the 20th century and the early years of the 21st. Among the spurs for this are the migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history, and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Avner Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the twentieth century and the early years of the twenty-first. Among the spurs for this are migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. This book also features chapters on the psychodynamics of racism, fascism, Nazism, and the dark, tragic, and unconscious processes, both individual and collective, that led to the Shoah. Holocaust denial and its psychological motives, as well as insights into the physical and psychological survival strategies of Holocaust survivors, are explored in depth. There are also chapters on scientific anti-Semitism including eugenics.

A collection of first hand narratives and oral histories portraying the African American experience from slavery through emancipation and into the 20th century. African American Frontiers concentrates on the period from 1703, the date of the first published narrative of an African slave's attainment of freedom in the American colonies, to 1948, the year in which President Harry S. Truman integrated the United States armed forces through Executive Order 9981. This book is an invaluable historical resource that brings together diverse first-person accounts of individual African Americans through primary source documents, including: Henry "Box" Brown, who escaped the South by express mailing himself to Philadelphia in a wooden crate; Herb Jeffries, who introduced the black cowboy in Westerns; and Eunice Jackson, whose funeral home was destroyed in the Tulsa Race Riot of 1921. Such little known stories, most of them previously unpublished, resonate with the determination, forbearance, moral strength, and imagination of the tellers, and give readers an opportunity to see the world as it once was, as told by the men and women who lived in it. Includes primary source documents

Winner of the Bancroft Prize Winner of the David J. Langum Prize Winner of the OAH Liberty Legacy Foundation Award A New York Times Book Review Editors' Choice "This extraordinary book is a powerful addition to the history of travel segregation...Mia Bay shows that Black mobility has always been a struggle." -Ibram X. Kendi, author of How to Be an Antiracist "In Mia Bay's superb history of mobility and resistance, the question of literal movement becomes a way to understand the civil rights movement writ large." -Jennifer Szalai, New York Times "Traveling Black is well worth the fare. Indeed, it is certain to become the new standard on this important, and too often forgotten, history." -Henry Louis Gates, Jr., author of Stony the Road From Plessy v. Ferguson to #DrivingWhileBlack, African Americans have fought to move freely around the United States. But why this focus on Black mobility? From stagecoaches and trains to buses, cars, and planes, Traveling Black explores when, how, and why racial restrictions took shape in America and brilliantly portrays what it was like to live with them. Mia Bay rescues forgotten stories of passengers who made it home despite being insulted, stranded, re-routed, or ignored. She shows that Black travelers never stopped challenging these humiliations, documenting a sustained fight for redress that falls outside the traditional boundaries of the civil rights movement. A riveting, character-rich account of the rise and fall of racial segregation, it reveals just how central travel restrictions were to the creation of Jim Crow laws-and why free movement has been at the heart of the quest for racial justice ever since.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research - one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury.
In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles-relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. In a time when national interests are structurally overvalued and borders increasingly strengthened, it's a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the 'migration crisis'-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands This book is essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK

"The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences continue unchecked?" (United Nations Secretrary-General Kofi Annan). This book is a comprehensive, integrated discussion of `the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. Humanitarian Intervention is an invaluable contribution to the debate on all aspects of this vital global issue. J.L. Holzgrefe is a Visiting Research Scholar in the Department of Political Science, Duke University. He is a former Lecturer in International Relations at the University of St. Andrews, Scotland, and visiting scholar at the Center of International Studies, Princeton University, the Center for International Affairs, Harvard University, and elsewhere. He was educated at Monash University, Australia and Balliol College, Oxford. He has published on the history of international relations thought. Robert O. Keohane is James B. Duke Professor of Political Science, Duke University. He is interested in the role played by governance in world politics, and in particular on how international institutions and transnational networks operate. He is the author of After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, 1984), for which he was awarded the second annual Grawemeyer Award in 1989 for Ideas Improving World Order. He is also the author of International Institutions and State Power: Essays in International Relations Theory (Westview, 1989), co-author of Power and Independence: World Politics in Transition (Little, Brown, 1977; 3rd edition 2001), and co-author of Designing Social Inquiry: Scientific Inference in Qualitative Research (Princeton, 1994). He is a fellow of the American Academy of Arts and Sciences and has been the recipient of a Guggenheim fellowship.

This book is about people whose beliefs and affiliations have opposed powerful interests in the present-day United States. This eclectic group of people and controversial issues, from climate-change scientists who have been censored by the Bush administration to Muslims accused of terrorism, have one thing in common. All of them straddle the limits of what Noam Chomsky has called permissible debate as defined by dominant political and economic institutions and individuals. The central thesis is that restriction of free inquiry is harmful to our culture because it inhibits the search for knowledge. Johansen presents case studies in the borderlands of free speech in a Jeffersonian cast-an intellectual framework assuming that open debate-even of unpopular ideas-is essential to accurate perception of reality. This book is about people whose ideological circumstances have found them opposing established beliefs in our times-scholars advocating the Palestinian cause in a very hostile intellectual environment, for example, as well as climate scientists defending themselves against the de-funding of their laboratories by defenders of fossil-fuel interests; opponents of creation science under assault for teaching what once was regarded as household-variety biology (a.k.a. Darwinism); Marxists in a political system dominated by neoconservatives. The central thesis that unites this diverse array of controversies is that shutting down free inquiry-most notably for points of view deemed unpopular-dumbs us all down by restraining the search for knowledge, which demands open inquiry. We have been told when going to war, as in Iraq, that freedom isn't free, the unstated assumption being that our armed forces are fighting and dying to safeguard our civil rights at home and abroad. During recent years, however, freedom to inquire and debate without retribution has been under assault in the United States. This assault has been carried out under a distinctly Orwellian cast, under Newspeak titles such as the Patriot Act, parts of which might as well be described more honestly as the Restriction of Freedom of Inquiry Act. The information gathered here will interest (and probably anger) anyone who is concerned with protecting robust, free inquiry in a nation that takes seriously its freedom to speak out, and to define truth through open debate.