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Comparative human rights law
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.-- Source other than Library of Congress.
Book
A Voice That Could Stir an Army
A sharecropper, a warrior, and a truth-telling prophet, Fannie Lou Hamer (1917-1977) stands as a powerful symbol not only of the 1960s black freedom movement, but also of the enduring human struggle against oppression.A Voice That Could Stir an Armyis a rhetorical biography that tells the story of Hamer's life by focusing on how she employed symbols-- images, words, and even material objects such as the ballot, food, and clothing--to construct persuasive public personae, to influence audiences, and to effect social change.
Drawing upon dozens of newly recovered Hamer texts and recent interviews with Hamer's friends, family, and fellow activists, Maegan Parker Brooks moves chronologically through Hamer's life. Brooks recounts Hamer's early influences, her intersection with the black freedom movement, and her rise to prominence at the 1964 Democratic National Convention. Brooks also considers Hamer's lesser-known contributions to the fight against poverty and to feminist politics before analyzing how Hamer is remembered posthumously. The book concludes by emphasizing what remains rhetorical about Hamer's biography, using the 2012 statue and museum dedication in Hamer's hometown of Ruleville, Mississippi, to examine the larger social, political, and historiographical implications of her legacy.
The sustained consideration of Hamer's wide-ranging use of symbols and the reconstruction of her legacy provided within the pages ofA Voice That Could Stir an Armyenrich understanding of this key historical figure. This book also demonstrates how rhetorical analysis complements historical reconstruction to explain the dynamics of how social movements actually operate.
eBook
Rethinking rights : historical, political, and philosophical perspectives
\"Essays retrace the historical development of rights in the West, assessing the influence of Locke, Burke, and the authors of the Declaration of Independence to clarify the experience of rights within the Western tradition, showing that rights need to be rethought so that they may again truly serve the human good\"--Provided by publisher.
Book
Sexuality and social justice in Africa
Based on pioneering research on the history of homosexualities in Africa and current lgbti activism, Marc Epprecht provides a sympathetic overview of the issues at play, and a hopeful outlook on the potential of sexual rights for all.
eBook
Cyprus at the European Court of Human Rights : a critical appraisal of the court's jurisprudence on the rights to property and home in the context of displacement
A Critical analysis of the response of the ECtHR to the continuing violations of the rights to property and home of the Cyprus IDPs under ECHR general and specific jurisprudence, on Article 1 Protocol No. 1 and Article 8, as it has developed over the last 40 years.
eBook
The Architecture of Concepts: The Historical Formation of Human Rights
The Architecture of Concepts proposes a radically new way of understanding the history of ideas. Taking as its example human rights, it develops a distinctive kind of conceptual analysis that enables us to see with precision how the concept of human rights was formed in the eighteenth century. The first chapter outlines an innovative account of concepts as cultural entities. The second develops an original methodology for recovering the historical formation of the concept of human rights based on data extracted from digital archives. This enables us to track the construction of conceptual architectures over time. Having established the architecture of the concept of human rights, the book then examines two key moments in its historical formation: the First Continental Congress in 1775 and the publication of Tom Paine's Rights of Man in 1792. Arguing that we have yet to fully understand or appreciate the consequences of the eighteenth-century invention of the concept \"rights of man,\" the final chapter addresses our problematic contemporary attempts to leverage human rights as the most efficacious way of achieving universal equality
eBook
An introduction to rights
\"A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications, and political tendencies of the idea of rights\"-- Provided by publisher.
Book
Forced to Be Good
Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. InForced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.
How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.
Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.
eBook