Search

The concept of'human rights'as a universal goal is at the centre of the international stage. It is now a key part in discourse, treaties and in domestic jurisdictions. However, as this study shows, the debate around this development is actually about human rights law. This text scrutinizes the extent to which legalization shapes the human rights ideal, and surveys its ethical, political and practical repercussions. How does the law influence what we think about rights? What more is there to such rights than their legal protection? These expert contributors approach these questions from a range of perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science, to deliver a diversity of methodologies.This book is essential reading for those wishing to develop a clear understanding of the relationship between human rights ideals and laws and for those working toward the fostering of a genuine human rights culture.

This book is the first to comprehensively develop the concept of childism to understand, study, and analyze age-based discrimination against children.It presents a critical theory to help comprehend intersecting prejudice against children and to examine the weak implementation of the UN Convention on the Rights of the Child (CRC) and in what ways violations against children can be analyzed through the intersections of racist, sexist, and ableist discrimination. The book further offers scholars a new perspective when studying structural forms of discrimination and oppression against children and provides professionals with a new vocabulary on prejudice targeting children when assessing theory, policy, and praxis on ‘child-friendly'and ‘child-centered'initiatives that overlook the need to protect children against discrimination.This book will be of key interest to scholars, students, and practitioners of human rights, child and youth studies, education, prejudice studies, the United Nations and child law, and more broadly to sociology, social policy, psychology, and social work.Chapter 1 and Chapter 2 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The media informs, entertains, and connects us. It is woven into the fabric of politics. Its increasing immediacy has become an inescapable feature of almost everybody's life. We are, at the same time, subject to the media and participants in it. The ethical questions it raises have never been more urgent. Trust is in short supply, but we need to share information while dealing with problems like misinformation, disinformation, and echo chambers. And what responsibilities fall on the state, and on other actors such as artists, advertisers, and social media users, as we reckon with endemic problems like racism, sexism, and classism?The Routledge Handbook of Philosophy and Media Ethics is an outstanding survey and assessment of this vitally important field. Comprising thirty chapters written by an international team of contributors, the Handbook is divided into five parts: Freedom of Speech, Privacy, and Censorship The News Media Broadening the Scope: Giving Other Aspects of the Media their Due Justice, Power, and Representation Vice and Virtue Online The Routledge Handbook of Philosophy and Media Ethics is essential reading for students and researchers in philosophy, media and communication studies, politics, and law, as well as practising media professionals and journalists.

This is the tenth volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s, political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields.

Humanity faces an ecological predicament, consisting of a cluster of concurrent, mutually reinforcing crises. They are causally intertwined and resistant to resolution in isolation. In addition to climate disruption, the cluster includes land-system change, loss of biodiversity and biosphere integrity, alteration of biogeochemical cycles, and decreased freshwater availability. Madison Powers argues for a targeted human rights approach to the resolution of our predicament. He assigns priority to a bundle of rights strategically important for counteracting ecologically unsustainable, economically predatory market practices. These practices exhaust natural resources or degrade the environmental conditions essential for a livable planet. Their harmful ecological effects result from or are exacerbated by the structure of the global political economy, especially institutions that influence the acquisition, control, and use of land, energy, and water resources. These institutions shape the economic decisions that have transformed every region of the globe and altered the planetary conditions that support life on Earth. A livable planet thus requires changes in humanity's relation to the rest of nature, which in turn, requires transformation of our economic relationships and the political and economic ideals underpinning them. Specifically, the balance of power between states and markets should be reversed by implementing an enforceable institutional bulwark against market practices that subvert the ecological conditions essential for the secure realization of human rights. These practices enable the powerful to hoard economic opportunities, crowd out sustainable alternatives, extract resources from vulnerable communities, shift environmental and economic burdens, dodge political and market accountability, and hijack public institutions for private purposes.

This book enhances critical perspectives on human rights through the lens of performance studies and argues that contemporary artistic interventions can contribute to our understanding of human rights as a critical and embodied doing. This study is situated in the contemporary discourse of asylum and political art practices. It argues for the need to reimagine human rights as performative and embodied forms of recognition and practical honouring of our shared vulnerability and co-dependency. It contributes to the debate of theatre and migration, by understanding that contemporary asylum issues are complex and context specific, and that they do not only pertain to the refugee, migrant, asylum seeker or stateless person but also to privileged constituencies, institutional structures, forms of organisation and assembly. The book presents a unique mixed-methods approach that focuses equally on performance analyses and on political philosophy, critical legal studies and art history – and thus speaks to a range of politically interested scholars in all four fields.

This book explores the complexity and depths of our digital world by providing a selection of analyses and discussions from the 16th annual international conference on Computers, Privacy and Data Protection (CPDP): Ideas that Drive Our Digital World. The first half of the book focuses on issues related to the GDPR and data. These chapters provide a critical analysis of the 5-year history of the complex GDPR enforcement system, covering: codes of conduct as a potential co-regulation instrument for the market; an interdisciplinary approach to privacy assessment on synthetic data; the ethical implications of secondary use of publicly available personal data; and automating technologies and GDPR compliance.The second half of the book shifts focus to novel issues and ideas that drive our digital world. The chapters offer analyses on social and environmental sustainability of smart cities; reconstructing states as information platforms; stakeholder identification using the example of video-based Active and Assisted Living (AAL); and a human-centred approach to dark patterns.This interdisciplinary book takes readers on an intellectual journey into a wide range of issues and cutting-edge ideas to tackle our ever-evolving digital landscape.

This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an international privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.

In this third edition of Anthropology and Climate Change, Susan Crate and Mark Nuttall offer a collection of chapters that examine how anthropologists work on climate change issues with their collaborators, both in academic research and practicing contexts, and discuss new developments in contributions to policy and adaptation at different scales. Building on the first edition's pioneering focus on anthropology's burgeoning contribution to climate change research, policy, and action, as well as the second edition's focus on transformations and new directions for anthropological work on climate change, this new edition reveals the extent to which anthropologists'contributions are considered to be critical by climate scientists, policymakers, affected communities, and other rights-holders. Drawing on a range of ethnographic and policy issues, this book highlights the work of anthropologists in the full range of contexts – as scholars, educators, and practitioners from academic institutions to government bodies, international science agencies and foundations, working in interdisciplinary research teams and with community research partners.The contributions to this new edition showcase important new academic research, as well as applied and practicing approaches. They emphasize human agency in the archaeological record, the rapid development in the last decade of community-based and community-driven research and disaster research; provide rich ethnographic insight into worldmaking practices, interventions, and collaborations; and discuss how, and in what ways, anthropologists work in policy areas and engage with regional and global assessments.This new edition is essential for established scholars and for students in anthropology and a range of other disciplines, including environmental studies, as well as for practitioners who engage with anthropological studies of climate change in their work.

Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.

Gender and Human Rights in a Global, Mobile Era delves into feminist debates surrounding the relationship between gender and human rights through engaging feminist perspectives on the multifaceted issue of human trafficking.Building on analyses of domestic servitude, commercial sex, and labor trafficking by military contractors, and grounded in intersectional feminist cosmopolitanism and feminist theorizing on vulnerability, precarity, and ethical interdependence, Laura Hebert makes several interrelated contributions. As she explores how a feminist gender analysis illuminates the structures and norms enabling trafficking, Hebert simultaneously considers the future of feminist rights advocacy. Emphasizing the sociality of human rights, she encourages feminist scholars and activists to look beyond states as the duty-bearers of human rights and the assumption that human rights are made meaningful mainly through the establishment of legal rights at the national level. She challenges the idea that'feminism'can be reduced to advocacy on behalf of women's rights. She also encourages critical reflection on how divisions associated with feminist politics have impeded opportunities for the building of feminist solidarities across differences aimed at the realization of the human rights of all.Strongly interdisciplinary, Gender and Human Rights in a Global, Mobile Era will be of interest to students and scholars throughout the social sciences and humanities.

This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Can human rights be claimed against agents other than states, such as transnational corporations and global governance institutions? Does the authority of human rights depend on international law-making, or do they have a moral status that must be honored even in the absence of legal structures? What obligations do human rights impose on states acting across borders? What does it mean that the international community must work together to bring about their universal realization? Do we have human rights to abortion, same-sex marriage, and fully democratic government? What must individuals do for the human rights of others?Although these questions may be essential for the future of global politics and international relations, human rights doctrine offers no conclusive answers for them. In Human Rights as Human Independence, Julio Montero develops an original theory of human rights that helps us think about these and similar issues. Montero argues that human rights regulate the conduct of sovereign political agents both within and beyond borders, and that the aim of human rights norms is to protect everyone's fundamental moral claim to enjoy an equal sphere of agency to develop their personality.Human Rights as Human Independence offers a comprehensive, systematic, and complete account of the nature, sources, and scope of human rights that can be used to interpret international documents and make informed decisions about how human rights practice must be continued in the years to come. The book is thus of interest for a wide audience, ranging from philosophers and political theorists to lawyers, human rights scholars, and activists.

Routledge Readings on Law, Development and Legal Pluralism presents some of the finest essays on social justice, environment, rights and governance. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding the harm and risk relating to biodiversity, agro-ecology, disaster and forest rights. The book covers critical themes such as ecology, families and governance and establishes the trajectory of contemporary ecology and law in South Asia. The thirteen chapters in the volume, divided into three sections, trace violence and marginality in the plurality of families and their laws in India, as well as discuss community-based just practices. With debates on development, governance and families, the book highlights the politics and practices of law making, law reform and law application. This multidisciplinary volume foregrounds the politics and plural lives of/in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject.This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality, kinship and indigeneity studies. It will serve as essential reading for those in law, socio-legal studies, environment studies and ecology, social exclusion studies, development studies, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, environmentalists and those in public administration.

This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people.The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children's participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives.This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children's rights, participation rights, Indigenous peoples'law, and family, child and social welfare law.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

This book is a contemporary socio-legal study of Australia's protection of economic and social rights. Despite Australia's hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia's compliance across the policy areas of health, housing, labour and social security, it is argued that Australia's failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

States are often held responsible for their wrongdoings. States pay compensation for their unjust wars, as did Iraq in the aftermath of its invasion of Kuwait. States pay reparations for their historical wrongdoings, as did Chile to the victims of the Pinochet Regime, or Germany to Israel and other countries because of the Holocaust. Some argue that they should pay punitive damages for their international crimes as well. But state responsibility has a troubling feature: states are corporate agents, comprising flesh and blood citizens. When they turn to the public purse to finance their corporate liabilities, it is their citizens who pay the price. Even citizens who protested against their state's policies, did not know about them, or had no influence on policy makers end up sharing the burden. Why should these citizens pay for their state's wrongdoings, if they don't carry the blame? Responsible Citizens, Irresponsible States develops a fresh justification for citizens'duties to share the burden of their state's wrongdoings. This justification revolves around citizens'participation in their state: drawing on recent debates in the philosophy of collective action, Avia Pasternak shows that citizens are acting together in their state and that their state policies are the product of this collective action. Given this participation, citizens ought to share the burden of remedying harmful wrongs their state policies bring about. However, she also argues that not all citizens in all states are participating in their state. In many authoritarian states, citizens'participation in the state is highly restricted or coerced. Here, ordinary citizens do not share responsibility for their state policies and should not be forced to pay for them. These conclusions carry significant real-world implications for the way domestic international law holds various types of states, and their citizens, responsible for their wrongdoings. This work is essential for political theorists and philosophers grappling with citizen responsibility and duty.

This book focuses on the ethical demands of extreme poverty and develops a political theory of practical change. Welding together political realism and moral aspirations, it argues that a re-imagined form of development NGO can help the global North break free from the dominant and persistent charity paradigm and drift towards a justice-based understanding of extreme poverty. It offers an original explanation of why the charity paradigm persists and why the “justice not charity” messages from development NGOs have changed few minds. The author argues that anyone concerned with a paradigm shift from charity to justice need to radically rethink the problem of political communication: who should communicate what messages about extreme poverty in what ways? Based on a rational choice critique of the competitive development NGO sector, the author calls for sector-wide reform and the emergence of a new political agent – the Avant-garde NGO - which transcends the charity frame that NGOs currently find themselves locked in. Further, inspired by literary theory and social psychology, he offers a fresh account of how the Avant-garde NGO could, through reflective public engagement, induce attitude change and lead genuine social and political reform.

This Handbook offers an authoritative, up-to-date introduction to the rich scholarly conversation about anarchy—about the possibility, dynamics, and appeal of social order without the state. Drawing on resources from philosophy, economics, law, history, politics, and religious studies, it is designed to deepen understanding of anarchy and the development of anarchist ideas at a time when those ideas have attracted increasing attention.The popular identification of anarchy with chaos makes sophisticated interpretations—which recognize anarchy as a kind of social order rather than an alternative to it—especially interesting. Strong, centralized governments have struggled to quell popular frustration even as doubts have continued to percolate about their legitimacy and long-term financial stability. Since the emergence of the modern state, concerns like these have driven scholars to wonder whether societies could flourish while abandoning monopolistic governance entirely.Standard treatments of political philosophy frequently assume the justifiability and desirability of states, focusing on such questions as, What is the best kind of state? and What laws and policies should states adopt?, without considering whether it is just or prudent for states to do anything at all. This Handbook encourages engagement with a provocative alternative that casts more conventional views in stark relief. Its 30 chapters, written specifically for this volume by an international team of leading scholars, are organized into four main parts:I. Concept and SignificanceII. Figures and TraditionsIII. Legitimacy and OrderIV. Critique and AlternativesIn addition, a comprehensive index makes the volume easy to navigate and an annotated bibliography points readers to the most promising avenues of future research.

Having articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States'parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed'every organ of society'in realising rights.

John Rawls is widely considered one of the most important political philosophers of the 20th century, and his highly original and influential works play a central role in contemporary philosophical debates. This collection of original essays explores the outpouring of scholarship and debate inspired by Rawls's political philosophy. Given the vastness of this scholarship, this volume aims to provide inroads to its central themes and preoccupations. The volume is divided into ten parts, exploring ten distinct questions, for example: Can Rawls's conception of public reason offer determinate answers to major questions of justice? Is ideal theory useful or relevant to resolving issues of justice in the nonideal world? Are libertarians correct to criticize Rawls's work for failing to prioritize economic liberty? When institutions aim at equality, what is it that they should seek to equalize--primary goods, capabilities, or welfare? For each question, there is an introductory essay, providing an overview of the relevant arguments from Rawls's work and the historical contours of the debate that ensued. Each introductory essay is followed by two essays written by scholars who take opposing positions, which move the discussion forward in a fruitful way. This volume provides readers with clear and in-depth explication of Rawls's arguments, the most important critical dialogue generated in response to those arguments, and the dialogue's significance to contemporary politics.

Examining the ways in which societies treat their most vulnerable members has long been regarded as revealing of the bedrock beliefs and values that guide the social order. However, academic research about the post-war welfare state is often focused on mainstream arrangements or on one social group. With its focus on different marginalized groups: migrants and people with disabilities, this volume offers novel perspectives on the national and international dimensions of the post-war welfare state in Western Europe and North America.

This book investigates how effective human rights and the inherent dignity of refugees can be secured in situations of protracted exile and encampment. The book deploys an innovative human rights-based capabilities approach to address fundamental questions relating to law, power, governance, responsibility, and accountability in refugee camps.Adopting an original theoretical framework, the author demonstrates that legal empowerment can change the distribution of power in a given refugee situation, facilitating the exercise of individual agency and assisting in the reform of the opportunity structure available to the individual. Thus, by helping to increase the capability of refugees to participate actively in the decisions that most affect their core rights and interests, participatory approaches to legal empowerment can also assist in securing other capabilities, ultimately ensuring that refugees are able to live dignified lives while in protracted exile. Ultimately, the book demonstrates that legal empowerment of refugees can bring lasting benefits in establishing trust between refugees, the state, and local communities. It will be of interest to researchers within the fields of refugee studies, international law, development studies, and political science, as well as to policy-makers and practitioners working in the fields of refugee assistance and humanitarian intervention.

The essays in this volume explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity'and ‘subjective rights'back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans'theory of poverty and colonization or today's immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Contributors are: Wim Decock, Heikki Haara, Virpi Mäkinen, Alejandra Mancilla, Julia McClure, Ilse Paakkinen, Mikko Posti, Jonathan Robinson, John Salter, Pamela Slotte, and Jussi Varkemaa.

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more.

This publication takes one back to the Truth and Reconciliation Commission's (TRC) Faith Communities'Hearings in 1997 and the re-enactment of those hearings in 2014. Some communities revisit their support of those in power and their change of heart. Others revisit their struggle against the regime and its ideology. All also revisit promises made in 1997 to work together - individually and collectively - toward a new society post 1994. After twenty years, the same faith communities (and some additional ones) and some prominent South Africans who played leading roles in the run-up to and during the hearings ask what faith communities promised at the time and whether this has been achieved by 2014. Over two days, together with local and international observers, they again face the past, but also the unfinished business in the present and future of a just, reconciled and transformed South Africa so clearly envisioned by the TRC, in 1997.

This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.

Is a strong cosmopolitan stance irretrievably arrogant? Cosmopolitanism, which affirms universal moral principles and grants no fundamental moral significance to the state, has become increasingly central to normative political theory. Yet, it has faced persistent claims that it disdains local attachments and cultures, while also seeking the neo-imperialistic imposition of Western moral views on all persons. The critique is said to apply with even greater force to institutional cosmopolitan approaches, which seek the development of global political institutions capable of promoting global aims for human rights, democracy, etc. This book works to address such objections through developing a novel theory of cosmopolitan political humility. It draws on the work of Indian constitutional architect and social activist B.R. Ambedkar, who cited universal principles of equality and rights in confronting domestic exclusions and the'arrogance'of caste. He sought to advance forms of political humility, or the recognition of equal standing, and openness to input and challenge within political institutions. This book explores how an'institutional global citizenship'approach to cosmopolitanism could similarly promote political humility globally, by supporting the development of democratic input and challenge mechanisms beyond the state. Such developments would challenge an essential political arrogance identified in the current system, where sovereign states are empowered to simply dismiss rights-based challenges from outsiders or their own populations--even as they serve as the designated guarantors of human rights. The book employs an innovative grounded normative theory method, where extensive original field research informs the development of moral claims. Insights are taken from Dalit activists reaching out to United Nations human rights bodies for support in challenging caste discrimination, and from their critics in the governing Bharatiya Janata Party. Further insights are drawn from Turkish protestors confronting a rising domestic authoritarianism, and from UK Independence Party members demanding'Brexit'from the European Union--in part because predominantly Muslim Turkey could eventually join. Overall, it is shown, an institutional global citizenship approach can inform the development of a global framework which would orient fundamentally to political humility rather than arrogance, and which could significantly advance global rights protections.

This book critically examines domestic violence law in India. It focuses on women's experiences and perspectives as victims and litigants, with regard to accessibility to law and justice. It also reflects on the manner in which the legal process reproduces gender hierarchies.This volume: Analyzes the legal framework from a gender perspective to pinpoint the inherent stereotypes, prejudices and discriminatory practices that come into play while interpreting the law; Includes in-depth interviews and case studies, and explores critical themes such as marriage, rights, family, violence, property and the state; Presents alternatives beyond the domain of law, such as qualitative medical care and legal aid facilities, shelter homes, short-stay homes, childcare facilities, and economic and social security provisions to survivors and their children. Drawing on extensive testimonies and ethnographic studies situated in a theoretical framework of law, this book will be of great interest to scholars and researchers of law, gender, human rights, women's studies, sociology and social anthropology, and South Asian studies.

Modern Social Contract Theory provides an exposition and evaluation of major work in social contract theory from 1950 to the present. It locates the central themes of that theory in the intellectual legacy of utilitarianism, particularly the problems of defining principles of justice and of showing the grounds of moral obligation. It demonstrates how theorists responded in a novel way to the dilemmas articulated in utilitarianism, developing in their different approaches a constructivist method in ethics, a method that aimed to vindicate a liberal, democratic and just political order. A distinctive feature of the book is its comparative approach. By placing the works of Barry, Buchanan and Tullock, Harsanyi, Gauthier, Grice, Rawls, and Scanlon alongside one another, similarities and differences are brought out, most notably in the way in which principles are derived by each author from the contractual construction as well as the extent to which the obligation to adopt those principles can be rationally grounded. Each theory is placed in its particular intellectual context. Special attention is paid to the contrasting theories of rationality adopted by the different authors, whether that be utility theory or a deliberative conception of rationality, with the intention of assessing how far the principles advanced can be justified by reference to the hypothetical choices of rational contracting agents. The book concludes with a discussion of some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method.

From Flint, Michigan, to Standing Rock, North Dakota, minorities have found themselves losing the battle for clean resources and a healthy environment. This book provides a modern history of such environmental injustices in the United States and Canada.From the 19th-century extermination of the buffalo in the American West to Alaska's Project Chariot (a Cold War initiative that planned to use atomic bombs to blast out a harbor on Eskimo land) to the struggle for recovery and justice in Puerto Rico following Hurricane Maria in 2017, this book provides readers with an enhanced understanding of how poor and minority people are affected by natural and manmade environmental crises.Written for students as well as the general reader with an interest in social justice and environmental issues, this book traces the relationship between environmental discrimination, race, and class through a comprehensive case history of environmental injustices. Environmental Racism in the United States and Canada: Seeking Justice and Sustainability includes 50 such case studies that range from local to national to international crises.

New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.

Is it defensible to use the concept of a right? Can we justify rights'central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional'interest theory'and'will theory', he defends a distinctive'addressive'approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of'natural'moral rights - that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system, that resembles markets but is not conceived in terms of rights, would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.

Human Rights and the Judicialisation of African Politics shows readers how central questions in African politics have entered courtrooms over the last three decades, and provides the first transnational explanation for this development. The book begins with three conditions that have made judicialisation possible in Africa as a whole; new corporate rights norms (including the expansion of indigenous rights), the proliferation of new avenues for legal proceedings, and the development of new support structures enabling litigation. It then studies the effects of these changes based on fieldwork in three Southern African countries – Zimbabwe, Namibia and Botswana. Examining three recent court cases involving international law, international courts and transnational NGOs, it looks beyond some of international relations'established models to explain when and why and legal rights can be clarified.This text will be of key interest to scholars and students of African politics and human rights, and more broadly to international relations and international law and justice.

What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

The revised and updated edition of Goodin and Pettit's highly-acclaimed contemporary political philosophy anthology, bringing together the field's most important readings in a single volume Unparalleled in the breadth and scope of its coverage, this newly-revised third edition traces the evolution of political philosophy as a contemporary practice, and raises important questions about the impact of current political events. Fully updated to include 49 contemporary and classic selections from the most distinguished scholars in political philosophy Offers expanded coverage of international affairs and political oppression Includes essays which represent a diversity of political and ideological positions, and features interdisciplinary voices in politics, law, and economics Edited by two of the field's most highly-respected scholars The ideal collection of primary readings to accompany the Companion to Contemporary Political Philosophy, Second Edition (Wiley Blackwell, 2012) for coursework in political philosophy

Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Toleration in Comparative Perspective is a collection of essays that explores conceptions of toleration and tolerance in Asia and the West. It tests the common assumption in Western political discourse and contemporary political theory that toleration is a uniquely Western virtue. Toleration in modern Western philosophy is understood as principled noninterference in the practices and beliefs of others that one disapproves of or, at least, dislikes. Although toleration might be seen today as a quintessential liberal value, precedents to this modern concept also existed in medieval times while Indigenous American stories about welcome challenge the very possibility of noninterference. The modern Western philosophical concept of toleration is not always easily translated into other philosophical traditions, but this book opens a dialogue between various traditions of thought to explore precisely the ways in which overlap and distinctions exist. What emerges is the existence of a family of resemblances in approaches to religious and cultural diversity from a program of pragmatic noninterference in the Ottoman Empire to deeper notions of acceptance and inclusiveness amongst the Newar People in the Kathmandu Valley. The development of an Islamic ethic of tolerance, the Daoist idea of all-inclusiveness, and Confucian ideas of broad-mindedness, respect, and coexistence to the idea of ‘the one in the many'in Hindu thought are examined along with sources for intolerance, tolerance, and toleration in Pali Buddhism, early modern Japan, and contemporary India.

This volume reflects on what happens when the idea and practice of universal human rights cross the cultural borders between different communities of knowledge. Although such rights are usually presumed to be founded on certain globally shared beliefs, the norms and values of many cultures are often incommensurable with these'universal'principles, and hence the need to translate and “vernacularize” them. Any law that would successfully institutionalize them must frame human rights in a way that defers to the historically constituted cultural capital of the society in which it is to function. The essays in this book seek to illuminate different cognitive contexts that produce different meanings of rights, identify spaces of intercultural crossings where differences can coexist, and offer usable narratives and metaphors that could help mediate between distinct cultures. They show that the path forward does not lead through a unified theory of human rights that can be applied globally, nor through mere repackaging of rights in a more understandable language. What is needed is a deep understanding of the process of intercultural dialogue, the cultural'grammar'involved in relationships of difference.

Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

In Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of'stateless person'is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.

There is an urgent need to analyze and assess how we prevent torture, against the background of a rigorous analysis of the factors that condition and sustain it. Drawing on rich empirical material from Sri Lanka and Nepal, The Prevention of Torture: An Ecological Approach interrogates the worlds that produce torture in order to propose how to bring about systemic institutional and cultural change. Critics have decried human rights approaches'failure to attend to structural factors, but this book seeks to go beyond a'stance of criticism'to take up the positive project of reimagining human rights theory and practice. It discusses key debates in human rights and political theory, as well as the challenges that advocates face in translating situational analyses into real world interventions. Danielle Celermajer develops a new, ecological framework for mapping the worlds that produce torture, and thereby develops prevention strategies.

Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are'Orthodox'theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are'Political'theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty. This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights. All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.

International Research Centers Directory provides unparalleled access to government, university, independent, nonprofit and commercial research and development activities in countries worldwide. Entries include English and foreign name of center, full mail and electronic address, personal contact, organizational affiliates, staff, description of research program, publications, services and more. Master, subject, personal name, and country indexes are provided.

The diverse make-up of modern societies has long been a major preoccupation of political philosophy. It has also been a prominent focus for public policy. How should a society provide for the differences exhibited by its population? Should it view them with indifference, or seek to diminish them in the interest of social cohesion, or view them as positive goods that it should facilitate or promote? The answer cannot be simple, partly because the differences captured by the terms ‘difference'or ‘diversity'are themselves so diverse. The essays brought together in this volume focus on one sort of response to difference: toleration. They were written at different times and deal with different aspects of toleration, but they are characterised by a number of common themes.

Liberal societies conventionally treat religion as unique under the law, requiring both special protection (as in guarantees of free worship) and special containment (to keep religion and the state separate). But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities.Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism's Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?

Until now, there has been no direct and extensive engagement with the category of religion from liberal political philosophy. Over the last thirty years or so, liberals have tended to analyze religion under proximate categories such as'conceptions of the good'(in debates about neutrality) or'culture'(in debates about multiculturalism). US constitutional lawyers and French political theorists both tackled the category of religion head-on (under First Amendment jurisprudence and the political tradition of laïcité, respectively) but neither of these specialized national discourses found their way into mainstream liberal political philosophy. This is somewhat paradoxical because key liberal notions (state sovereignty, toleration, individual freedom, the rights of conscience, public reason) were elaborated as a response to 17th Century European Wars of Religion, and the fundamental structure of liberalism is rooted in the western experience of politico-religious conflict. So a reappraisal of this tradition - and of its validity in the light of contemporary challenges - is well overdue. This book offers the first extensive engagement with religion from liberal political philosophers. The volume analyzes, from within the liberal philosophical tradition itself, the key notions of conscience, public reason, non-establishment, and neutrality. Insofar as the contemporary religious revival is seen as posing a challenge to liberalism, it seems more crucial than ever to explore the specific resources that the liberal tradition has to answer it.

This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens'human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.

Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.