The key question for the history of universal human rights is why it took so long for them to become established as law. The main theme of this book is that the attainment of universal human rights required heroic struggle, first by individuals and then by ever-increasing numbers of people who supported those views against the major historical trends. Universal human rights are won from a hostile majority by outsiders. The chapters in the book describe the milestones in that struggle. The history presented in this book shows that, in most places at most times, even today, for concrete material reasons a great many people oppose the notion that all individuals have equal rights. The dominant history since the 1600s has been that of a mass struggle for the national-democratic state. This book argues that this struggle for national rights has been practically and logically contradictory with the struggle for universal rights. It would only be otherwise if there were free migration and access to citizenship on demand by anybody. This has never been the case. Rather than drawing only on European sources and being limited to major literary figures, this book is written from the Gramscian perspective that ideas mean little until they are taken up as mass ideologies. It draws on sources from Asia and America and on knowledge about mass attitudes, globally and throughout history.

This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.

This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.

The key question for the history of universal human rights is why it took so long for them to become established as law. The main theme of this book is that the attainment of universal human rights required heroic struggle, first by individuals and then by ever-increasing numbers of people who supported those views against the major historical trends. Universal human rights are won from a hostile majority by outsiders. The chapters in the book describe the milestones in that struggle. The history presented in this book shows that, in most places at most times, even today, for concrete material reasons a great many people oppose the notion that all individuals have equal rights. The dominant history since the 1600s has been that of a mass struggle for the national-democratic state. This book argues that this struggle for national rights has been practically and logically contradictory with the struggle for universal rights. It would only be otherwise if there were free migration and access to citizenship on demand by anybody. This has never been the case. Rather than drawing only on European sources and being limited to major literary figures, this book is written from the Gramscian perspective that ideas mean little until they are taken up as mass ideologies. It draws on sources from Asia and America and on knowledge about mass attitudes, globally and throughout history.

In the modern State, power rests on the consensus of the citizens. They accord its institutions the authority to regulate society. State theory suggests that this authority is a right to speak on certain matters in certain ways and to have the audience agree with those statements. It is a matter of an authorised language; all others fall into the category of ratbaggery. In this 1991 book, the first major book applying State theory to Australia, Alastair Davidson shows how Australian citizens were formed in the nineteenth century, and how their particular characteristics led to the empowering of a certain language of power: legalism. He further shows that this made the judiciary the most powerful arm of government - unlike countries where the people arm sovereign and the legislature supreme - because the judiciary has the last say on all issues and in its own language.

The Invisible State is the first major book applying contemporary state theory to Australia. Professor Davidson takes a historical approach, tracing the development of the Australian citizen in the nineteenth century and examining the relationship of the citizen to the state. The book argues that giving the judiciary the last say about matters of state divests the people of ultimate authority and ends the supremacy of the legislature elected by the people.

This important, theoretically sophisticated work explores the concepts of liberal democracy, citizenship and rights. Grounded in critical original research, the book examines Australia's political and legal institutions, and traces the history and future of citizenship and the state in Australia. The central theme is that making proof of belonging to the national culture a precondition of citizenship is inappropriate for a multicultural society such as Australia. This becomes an object lesson for the multicultural regional polities forming throughout the world.

Few revolutionaries have a heritage so contested by rival groups as Antonio Gramsci. Many use his writings as sacred texts' for their own policies, and while others stress any differences with Lenin in order to prove Gramsci a rebel.' In this stirring biography, Davidson cuts through these sterile debates and instead focuses on Gramsci's own political and philosophical ideas.