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Books > Social sciences > Politics & government > Political control & freedoms
This book interrogates the nature and state of African American citizenship through the prism of Social Contract Theory. Challenging the United States' commitment to African American citizenship, this book explores the idea of Social Nullification, the decision to reject, revoke and re-define the social contract with a state and society. Charles F. Peterson surveys the history of Social Contract Theory, examines Nullification as political and legal theory, argues public policy as a measure of the state's commitment to the contractarian relationship and frames the writings and activism of Martin R. Delany, Ida B. Wells-Barnett and the African American Reparations Movement as examples of Social Nullification and challenges to the terms of Black life in America.
Courts regularly rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. However, despite the frequent application of such review in practice, important questions about the meaning and value of procedural reasoning arise. Do courts provide sufficient protection of substantive rights when taking a procedural approach? Can they safeguard values of deliberative democracy and the rule of law through procedural reasoning? And can they rely on process-based review to avoid morally sensitive issues and cases concerning hard policy choices? This book engages with such questions with the aim of uncovering the potential and limitations of procedural reasoning in fundamental rights cases. To this end, it first discusses a number of concrete examples of application of this review by various courts. It then develops a context-independent definition of process-based fundamental rights review, which acknowledges the various uses of this type of review. On this basis, the book finally discusses the wide-ranging theoretical debates concerning procedural reasoning and identifies underlying explanations for the different views on the topic. The resulting in-depth and nuanced understanding of process-based fundamental rights review will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.
Romero examines the extent to which majority American opinion has shaped Congressional and Supreme Court responses to civil rights issues. She provides an institutionally oriented history of civil rights policy as well as an examination of the validity of the blueprint for our national government. In Romero's view, the design of the government, as articulated in "The Federalist," was meant to provide a balance between a facilitation of the majoritarian democratic process and protection of the rights of minorities. The struggle for civil rights reform represents perhaps the best modern test of whether the Founders' expectations were valid: Were the Founders correct in assuming that, in their respective consideration of minority rights, Congress would reflect majority preferences while the Supreme Court would remain insulated? After analyzing the shape and direction of public opinion regarding civil rights, Romero examines the congressional record and the record of the Supreme Court. She concludes with a reassessment of the predictions of the Founders as applied to civil rights policy. Of particular interest to scholars and students involved with institutional policy making as well as civil rights issues.
In this timely and important book, Professor Brad K. Blitz, a leading expert on post-conflict integration, statelessness, migration, development and human rights, reminds us how the concept of freedom of movement, and its relationship to migration, has received little comprehensive treatment among academics, even though it underpins what we expect as individuals living in liberal states. Yet, there are 214 million international migrants and 740 million internal migrants in the world today. It is all the more paradoxical therefore that there is no guarantee of the right of freedom of movement where most migration takes place against the backdrop of both official and unofficial controls. With strong theoretical underpinnings, and drawing from a range of philosophers, both ancient and modern, Professor Blitz, examines the legal foundations for the free movement of people, before undertaking a practical critique of recent free movement experiences in Spain, Italy, Serbia, Croatia, Russia and Slovenia. This is a tour de force. A work of remarkable scholarship, prescience, and practical relevance, which deserves to be read by all on this much-neglected subject of freedom of movement.' - Satvinder Juss, King s College London, UK'An advance, both analytically and empirically, for migration studies. With a base in international law and political theory, Blitz admirably opens up the ambiguous question of freedom of movement in relation to the restrictions still imposed by national borders and sovereignty, and the difficulties migrants face turning movement into successful settlement. Focusing on Europe, and migration experiences internal and external to the EU, as well as within and across national boundaries, the book significantly challenges current immigration paradigms with a series of atypical and provocative case studies.' - Adrian Favell, Sciences Po, Paris, France Migration and Freedom is a thorough and revealing exploration of the complex relationship between mobility and citizenship in Europe. Brad Blitz draws upon European and international law, political theory, economics, history and contemporary studies of migration to provide an original account of the opportunities and challenges associated with the right to free movement in Europe and beyond. Integrating over 160 interviews with individuals in Croatia, Slovenia, Italy, Spain, the UK and Russia, this book provides a unique focus on both internal and inter-state mobility and a re-evaluation of the concept of freedom of movement. The author documents successful and unsuccessful settlement and establishment cases and records how both official and informal restrictions on individuals' mobility have effectively created new categories of citizenship and exclusion within Europe. This book is an original study aimed at academics, students and government officials interested in migration, international studies, public and social policy, and politics. Contents: 1. Migration and Freedom 2. Investigating Freedom of Movement 3. Freedom of Movement in Europe 4. Spanish Doctors in the United Kingdom 5. European Language Teachers in Italy 6. Displaced Serbs in Croatia 7. Internal Migrants in Russia 8. Discrimination and Immobility in Slovenia 9. Analysis 10. Conclusion Bibliography
Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.
Technological advancements have always influenced politics in society, but never in as strong and direct a manner as in the Internet Age. E-Politics and Organizational Implications of the Internet: Power, Influence, and Social Change charts this influence and describes the unique effect electronic communication has on organizations, communities, nations, and cultures. This book presents the most current research on both the history of these powerful new tools and their preliminary impact both in across the world and in daily life. A thorough understanding of these technologies is necessary to properly navigate this new millennium and this reference is the beginning of that knowledge.
"On The Fringe Of History is Chief Inspector Sarge Hoteko's personal memoir, including his experiences as a narcotic interdiction and antiterrorism instructor in 16 countries around the globe. Hoteko reveals the shocking, rampant and systematic corruption within many of those governments, especially; Pakistan, Mexico, Bolivia and Nigeria--the most corrupt nation on earth. He also depicts how overzealous internal affairs investigators bungled two major cases in Chicago that devastated innocent lives. As Hoteko stated, "Who watches the watchdogs?" He reveals how a biased press unjustly slammed Customs over the O'Hare Airport female search controversy. One NBC investigative reporter stated, "It is better to let a person go rather than to do the strip search. It's better to let the pound of heroin go out on the street..." "On The Fringe of History follows one American's fascinating career around the world and captures the sheer patriotic joy he experienced while serving his country.
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery's expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public at titudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group's encounters with the law and placing these suits into conversation with similar en counters that arose in appellate cases nationwide Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
" WITH A FOREWORD BY MARION WRIGHT EDELMAN The award-winning biography of black civil rights activist Fannie Lou Hamer. ""Riveting. Provides a history that helps us to understand the choices made by so many black men and women of Hamer's generation, who somehow found the courage to join a movement in which they risked everything."" --New York Times Book Review ""One is forced to pause and consider that this black daughter of the Old South might have been braver than King and Malcolm."" --Washington Post Book World ""An epic that nurtures us as we confront today's challenges and helps us Keep Hope Alive.'"" --Jesse L. Jackson ""Not only does This Little Light of Mine recount a vital part of America""s history, but it lights our future as readers are inspired anew by Mrs. Hamer's spirit, courage, and commitment."" --Marian Wright Edelman ""This book is the essence of raw courage. It must be read."" --Rep. John Lewis
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
"Ending violent conflict requires societies to take leaps of political imagination. Artistic communities are often uniquely placed to help promote new thinking by enabling people to see things differently. In place of conflict's binary divisions, artists are often charged with exploring the ambiguities and possibilities of the excluded middle. Yet, their role in peacebuilding remains little explored. This excellent and agenda-setting volume provides a ground-breaking look at a range of artistic practices, and the ways in which they have attempted to support peacebuilding - a must-read for all practitioners and policy-makers, and indeed other peacemakers looking for inspiration."Professor Christine Bell, FBA, Professor of Constitutional Law, Assistant Principal (Global Justice), and co-director of the Global Justice Academy, The University of Edinburgh, UK "Peacebuilding and the Arts offers an impressive and impressively comprehensive engagement with the role that visual art, music, literature, film and theatre play in building peaceful and just societies. Without idealizing the role of the arts, the authors explore their potential and limits in a wide range of cases, from Korea, Cambodia, Colombia and Northern Ireland to Uganda, Rwanda, South Africa and Israel-Palestine."Roland Bleiker, Professor of International Relations, University of Queensland, Australia, and author of Aesthetics and World Politics and Visual Global Politics "Peacebuilding and the Arts is the first publication to focus critically and comprehensively on the relations between the creative arts and peacebuilding, expanding the conventional boundaries of peacebuilding and conflict transformation to include the artist, actor, poet, novelist, dramatist, musician, dancer and film director. The sections on the visual arts, music, literature, film and theatre, include case studies from very different cultures, contexts and settings but a central theme is that the creative arts can play a unique and crucial role in the building of peaceful and just societies, with the power to transform relationships, heal wounds, and nurture compassion and empathy. Peacebuilding and the Arts is a vital and unique resource which will stimulate critical discussion and further research, but it will also help to refine and reframe our understanding of peacebuilding. While it will undoubtedly become mandatory reading for students of peacebuilding and the arts, its original approach and dynamic exploratory style should attract a much wider interdisciplinary audience."Professor Anna King, Professor of Religious Studies and Social Anthropology and Director of Research, Centre of Religion, Reconciliation and Peace (WCRRP), University of Winchester, UK This volume explores the relationship between peacebuilding and the arts. Through a series of original essays, authors consider some of the ways that different art forms (including film, theatre, music, literature, dance, and other forms of visual art) can contribute to the processes and practices of building peace. This book breaks new ground, by setting out fresh ways of analysing the relationship between peacebuilding and the arts. Divided into five sections on the Visual Arts, Music, Literature, Film and Theatre/Dance, over 20 authors offer conceptual overviews of each art form as well as new case studies from around the globe and critical reflections on how the arts can contribute to peacebuilding. As interest in the topic increases, no other book approaches this complex relationship in the way that Peacebuilding and the Arts does. By bringing together the insights of scholars and practitioners working at the intersection of the arts and peacebuilding, this book develops a series of unique, critical perspectives on the interaction of diverse art forms with a range of peacebuilding endeavours.
Though much has already been written on religious freedom in the United States, these treatments have come mostly from historians, legal scholars, and advocates, with relatively little attention from rhetorical critics. In The Rhetoric of Religious Freedom in the United States, fifteen scholars from this field address the variety of forms that free, public religiosity may assume, and which rhetorical techniques are operative in a public square populated by a diversity of religious-political actors. Together they consider the arguments, evidences, and strategies defining what religious freedom means and who is entitled to claim it in the contemporary United States.
Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts. Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources. A timeline giving the history of voting rights from 1619, when Virginia planters voted for the first time, to 2000, when the Supreme Court invalidated Florida's recount process, which ultimately determined the outcome of the election Excerpts of key legal documents including Reynolds v. Sims (one person, one vote) and Bush v. Gore (debate over nationalization of voting rights)
'Soft power' is an oft-used term and commands an instinctive understanding among journalists and casual observers, who mostly interpret it as 'diplomatic' or somehow 'persuasive'. 'Hard power' is seen, by contrast, as something more tangible and usually military. But this is a superficial appreciation of a more subtle concept - and one key to Britain's future on the international stage. Britain's Persuaders is a deep exploration of this phenomenon, using new research into the instruments of soft power evident in British society and most relevant to the 2020s. Some, like the British Council or the BBC World Service, are explicitly intended to generate soft power in accordance with governmental intentions; but rather more, like the entertainment industries, sport, professional regulatory bodies, hospitality industries or education sectors have more penetrating soft power effects even as they pursue their own independent or commercial rationales. This book conducts an up-to-date 'audit' of all Britain's principal sources of soft power. Situating its analysis within the current understanding of the 'smart power' of nation states - that desire to employ the full spectrum of policy instruments and national characteristics to achieve policy outcomes, specifically in the context of 'Brexit Britain' where soft power status is certain to loom larger during the 2020s.
This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.
Here is the dramatic and moving story of one child's transformation from a normal, middle-class kid from the suburbs to an activist, fighting against child labor on the world stage of international human rights. Making headlines around the globe, Graig Keilburger and his organization, Free the Children, which he founded at the age of twelve, have brought unprecedented attention to the worldwide abuse of children's rights. Free the Childrenis a passionate and astounding story and a moving testament to the power that children and young adults have to change the world, as witnessed through the achievements of one remarkable young man.
History is an important, dangerous, and fragile subject. Historical thought can be censored in widely diverging political and historiographical contexts, as historians are well aware. Yet the problems of censorship, often thought to be obvious, are rarely studied. Filling a significant void, this guide supplies information on the censorship of historical thought and the fate of persecuted historians in over 130 countries from Afghanistan to Zimbabwe and from 1945 to 2000. With each entry providing a chronological overview of cases and giving a full listing of sources, the book is the first systematic effort to overview the repression of historical thought. Aiming to encompass all countries in which censorship and persecution have taken place, De Baets sketches a world map of repression that goes beyond the well-known and well-studied cases. It assembles scattered data from three types of sources: the works of censors and censored, historical and biographical dictionaries and historiographical surveys, and reports from international human rights organizations. Showing the universality of historical censorship and its infinite variety in amount and degree, the book also provides a basis for further comparative research.
After the first war in Chechnya in 1994 and related flareups in Daghestan, the world suddenly discovered within Russia the existence of "exotic," freedom-loving but also "warlike" Muslim peoples intent on liberating themselves from the domination of a distant Russian government. In In Quest for God and Freedom, Anna Zelkina delves into a past that remains alive in the minds of the peoples of these regions, a past that is crucial to understanding current events. She examines the formative period of the first half of the nineteenth century, during which the Chechens and Daghestanis joined forces under the banner of Islam and shari'a to resist Russian attempts to conquer them, an all-too familiar scenario in light of recent events. Zelkina focuses on the Sufi brotherhoods, mainly the Naqshbandiyya, under whose charge the resistance was conducted. She reveals the immense impact of this Muslim mystical order upon the social, religious, and political life of the peoples of Chechnya and Daghestan during this crucial period. In the process, she sheds light on the Islamization of the North Caucasus and on the leading role the Sufi brotherhoods still play in Chechen and Daghestani public life today. In Quest for God and Freedom is must reading for anyone wishing to understand the current crisis in the Caucasus.
This textbook provides students and law enforcement officers with
the fundamentals of the criminal investigation process, from
arrival on the scene to trial procedures. Written in a clear and
simple style, Criminal Investigation: Law and Practice surpasses
traditional texts by presenting a unique combination of legal,
technical, and procedural aspects of the criminal investigation.
The hands-on approach taken by the author helps to increase the
learning experience.
Taking an innovative approach to the subject, this book looks at how U.S. presidents and their administrations' policies from the late 1960s to 2017 have led to rampant over-imprisonment and a public policy catastrophe in the United States. Mandatory minimum sentencing; "three-strikes-and-you're-out" legislation; harsher sentences and less parole and probation. The result of draconian criminal justice policies in the last six decades is that the United States is the largest incarcerator in the world, surpassing Russia and China, with significant overrepresentation of African Americans and Latinos in U.S. prisons, especially for low-level, nonviolent drug offenses. Presidents and Mass Incarceration: Choices at the Top, Repercussions at the Bottom shows how American presidents from Lyndon B. Johnson to Donald J. Trump have operated as significant political criminal justice entrepreneurs and how the leadership choices made at the top by these chief executives continue to have severe repercussions for the citizens at the lowest levels of our communities. Author Linda K. Mancillas references State of the Union Addresses, presidential initiatives, laws passed by Congress, Supreme Court decisions, and public opinion on high-profile crime events to assemble a cohesive framework of data that supports each president's impact on the incarceration explosion. Readers will come away with a greater appreciation for the complexity and magnitude of the political, economic, and societal issue of over-imprisonment that both the federal and state governments are attempting to address. Explains how presidential "tough-on-crime" rhetoric fueled by the public's fear of crime led to the war on crime, the war on drugs, and the war on gangs, resulting in the nation becoming known as "Prison America" Presents undeniable evidence that U.S. presidents have played a major role in America's imprisonment tragedy Provides a careful analysis of mass incarceration through presidential leadership to document how seemingly well-intentioned choices made at the top have had devastating repercussions on the bottom realm of our society |
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