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Idealism and Liberal Education
by James O. FreedmanWith refreshing eloquence, James O. Freedman sets down the American ideals that have informed his life as an intellectual, a law professor, and a college and university president. He examines the content and character of liberal education, discusses the importance of letters and learning in forming his own life and values, and explores how the lessons and the habits of mind instilled by a liberal education can give direction and meaning to one's life. He offers a stirring defense of affirmative action in higher education. And he describes how, in the midst of undergoing chemotherapy for cancer, liberal education helped him in that most human of desires--the yearning to make order and sense out of his experience. Part intellectual biography and part examination of the world of higher education, Idealism and Liberal Education is a quintessentially American book, animated by a confidence that reason, knowledge, idealism, and the better angels of our natures will further human progress. Freedman offers, as models for shaping one's life, profiles of some of his heroes--Thurgood Marshall, Alexander M. Bickel, Václav Havel, Louis D. Brandeis, Felix Frankfurter, Hugo L. Black, Flannery O'Connor, Eudora Welty, George Orwell, Edmund Wilson, Martin Luther King, Jr., George F. Kennan, Ralph J. Bunche, and Harry S Truman. This volume speaks to all Americans who are drawn to the power of liberal education and democratic citizenship and who yearn for the inspiration to lead thoughtful, committed lives. "This thought-provoking book should be required reading for young people entering college and for the people who advise them. Freedman explores the purpose and importance of a liberal education in shaping values, character, and imagination and convincingly argues for the need for the wisdom and perspective it provides, whatever one's chosen field."--Marian Wright Edelman, President, Children's Defense Fund "In this wide-ranging series of essays, Freedman reveals himself again as one of America's most erudite, articulate, and reflective university presidents. Students, parents, fellow presidents, and all who love learning will find something in these pages to ponder with profit."--Derek Bok, Former President, Harvard University Idealism and Liberal Education is an inspiring intellectual diary of James O. Freedman. . . . It is a forceful affirmation of liberal education as a social and cultural force in shaping the minds and characters of our youth as future citizens and leaders of our democracy. It is a tribute to the joy of learning."--Vartan Gregorian, President, Brown University "Beautifully written and a pleasure to read. At a time when the idea of the liberal university is under attack from all sides, Freedman has given a wondrous personal reaffirmation of its place in our lives."--David Halberstam James O. Freedman is President of Dartmouth College.
Idealism and the Abuse of Power: Lessons from China's Cultural Revolution (Law, Ethics and Governance)
by Zhuang Hui-yunThis book analyses the abuse of idealism with particular reference to China's Cultural Revolution. The work examines abuse at two levels: the state leaders' metaphysical vision as the interpretation of idealism at the top with state power; and the psychological state of the masses at the bottom of society. The concept of abuse itself is discussed with the author arguing that idealism is often used to justify abuse while many are all too willing to accept this as idealism itself. On the other hand, many dismiss the idealist vision because of the horrible consequences of the abuse. For these reasons, the book holds that abuse of idealism should not be confused with the original intent of idealism. It is further argued that the masses often complement dictatorship due to a basic weakness of human nature. Finally, the book proposes that the concepts of human dignity and equal access to truth are prerequisites for the effective rule of law within China.
Idealism and the Abuse of Power: Lessons from China's Cultural Revolution (Law, Ethics and Governance)
by Zhuang Hui-yunThis book analyses the abuse of idealism with particular reference to China's Cultural Revolution. The work examines abuse at two levels: the state leaders' metaphysical vision as the interpretation of idealism at the top with state power; and the psychological state of the masses at the bottom of society. The concept of abuse itself is discussed with the author arguing that idealism is often used to justify abuse while many are all too willing to accept this as idealism itself. On the other hand, many dismiss the idealist vision because of the horrible consequences of the abuse. For these reasons, the book holds that abuse of idealism should not be confused with the original intent of idealism. It is further argued that the masses often complement dictatorship due to a basic weakness of human nature. Finally, the book proposes that the concepts of human dignity and equal access to truth are prerequisites for the effective rule of law within China.
Ideas and Debates in Family Law
by Rob GeorgeIdeas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues.'Rob George is a new, distinctive and powerful voice in family law scholarship. In this book he subjects received and emerging opinions to incisive examination, providing readers with the intellectual invigoration associated with first class seminars. Above all, he re-claims family law as a significant branch of the idea and practice of justice.'John Eekelaar, Pembroke College, Oxford'Building on a successful format for undergraduate seminars in Oxford, this unique student text presents an exciting array of thought-provoking debates and intellectually stimulating, sometimes unorthodox, ideas. It will help students to situate their knowledge and to think more deeply and critically about family law and policy. I applaud this book's focus and content and Rob George's vision in writing it.'Stephen Gilmore, King's College London'Whether you are a student looking for interesting points to make your work first class or an academic wanting an overview of family law theory, this is the book for you. Rob George has brilliantly captured the main issues facing family lawyers and policy makers at this fascinating time. All the major concepts in family law - marriage; parenthood; family - are having to be rethought and redefined. This book provides an excellent starting point for how we might go about reimagining family law and policy.'Jonathan Herring, Exeter College, Oxford
Ideas That Matter: Democracy, Justice, Rights
The essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.
IDEAS THAT MATTER C: Democracy, Justice, Rights
by Debra Satz and Annabelle LeverThe essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.
Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Studies in Postwar American Political Development)
by Amanda Hollis-BruskyThere are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky provides the first comprehensive account of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she explains how the Federalist Society managed to revolutionize the jurisprudence for a wide variety of important legal issues. Many of these issues-including the extent of federal government power, the scope of the right to bear arms, and the parameters of corporate political speech-had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. As Hollis-Brusky shows, the Federalist Society provided several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges and legitimizes novel interpretations of the constitution that employ a conservative framework. It also provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. As a consequence, it is able to exercise enormous influence on important cases at every level. A far-reaching analysis of some of the most controversial political and legal issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever.
Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Studies in Postwar American Political Development)
by Amanda Hollis-BruskyThere are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky provides the first comprehensive account of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she explains how the Federalist Society managed to revolutionize the jurisprudence for a wide variety of important legal issues. Many of these issues-including the extent of federal government power, the scope of the right to bear arms, and the parameters of corporate political speech-had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. As Hollis-Brusky shows, the Federalist Society provided several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges and legitimizes novel interpretations of the constitution that employ a conservative framework. It also provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. As a consequence, it is able to exercise enormous influence on important cases at every level. A far-reaching analysis of some of the most controversial political and legal issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever.
Ideengeschichte der BWL: ABWL, Organisation, Personal, Rechnungswesen und Steuern
by Wenzel Matiaske Wolfgang WeberDieses Buch erläutert und entwickelt das Profil der Betriebswirtschaftslehre weiter und liefert wichtige Beiträge zur Ideengeschichte der Betriebswirtschaftslehre. Das Buch konzentriert sich dabei insbesondere auf die Gebiete Organisation, Personal, Rechnungswesen, Steuern und Allgemeine Betriebswirtschaftslehre. Gegenwärtig zeichnet sich die Möglichkeit ab, dass sich die fachlichen Teilgebiete der Betriebswirtschaftslehre verselbständigen. Dazu trägt auch, aber nicht nur, das mittlerweile weltweit dominierende angelsächsische Verständnis des Faches bei, das durch eine weitgehende Zersplitterung der betriebswirtschaftlichen Teilgebiete gekennzeichnet werden kann. In der deutschsprachigen Betriebswirtschaftslehre besteht deshalb seit einigen Jahren das wieder entfachte Interesse und Bemühen, wichtige Beiträge zu der Ideengeschichte der Betriebswirtschaftslehre und den Wurzeln des Faches in das wissenschaftliche Bewusstsein zu rücken. Dieses Buch leistet dazu einen wichtigen Beitrag. Die Autoren identifizieren und diskutieren markante Ideen und Beiträge zur Entwicklung des Faches. Neben dem Blick zurück wird auch der aktuelle Zustand des Faches betrachtet. Auf dieser Grundlage werden denkbare weitere Entwicklungslinien von den Autoren abgeleitet.
Identical (Kindle County #9)
by Scott TurowA gripping masterpiece of dark family rivalries, shadowy politics and hidden secrets, Identical is the stunning thriller from bestselling author Scott Turow.Two families entangled in a long and complex history of love and deceit . . . Twenty five years ago, after a society picnic held by businessman and politician Zeus Kronon, Zeus’ headstrong daughter Dita was found murdered. Her boyfriend, Cass Gianis, confessed to the crime. Now Cass has been released from prison into the care of his twin, Mayoral candidate Paul Gianis, who is in the middle of a high profile political campaign. But Dita’s brother Hal is convinced there is information surrounding his sister’s death that remains buried – and he won’t rest until he’s discovered the truth. Hal’s employee, former FBI Special Agent Evon Miller, teams up with Tim Brodie, a retired police officer, to investigate. After all this time, can they find evidence to place Paul Gianis, the ‘innocent’ twin, at the scene of the crime? Soon Paul will find himself struggling to hold his campaign together amidst Hal’s increasingly damning allegations. But what does the mayoral candidate really have to hide? And why has Cass Gianis vanished?
Identified versus Statistical Lives: An Interdisciplinary Perspective (Population-Level Bioethics)
by I. Glenn Cohen Norman Daniels Nir EyalThe identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.
Identified versus Statistical Lives: An Interdisciplinary Perspective (Population-Level Bioethics)
by I. Glenn Cohen, Norman Daniels and Nir EyalThe identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.
Identifying Emerging Issues in Disaster Risk Reduction, Migration, Climate Change and Sustainable Development: Shaping Debates and Policies
by Karen Sudmeier-Rieux Manuela Fernández Ivanna M. Penna Michel Jaboyedoff J. C. GaillardThe goal of this book is to explore disaster risk reduction (DRR), migration, climate change adaptation (CCA) and sustainable development linkages from a number of different geographical, social and natural science angles. Well-known scientists and practitioners present different perspectives regarding these inter-linkages from around the world, with theoretical discussions as well as field observations. This publication contributes in particular to the discussion on the Sendai Framework for Disaster Risk Reduction (SFDRR) 2015-2030 and the debate about how to improve DRR, including CCA, policies and practices, taking into account migration processes from a large perspective where both natural and social factors are crucial and mutually “alloyed”. Some authors see the SFDRR as a positive step forward in terms of embracing a multitude of issues, others doubting that the agreement will lead to much concrete action toward real action on the ground. This book is a timely contribution for researchers, students and policy makers in the fields of environment, human geography, migration, disaster and climate change studies who seek a more comprehensive grasp of contemporary development issues.
Identifying Exclusionary Abuses by Dominant Undertakings under EU Competition Law: The Spectrum of Tests
by Eirik ØsterudUnder Article 102 TFEU, dominant firms are allowed to compete, but only to the extent their market behaviour does not constitute an abuse. Needless to say, the wording of the article neither explains what an abusive restriction of competition is nor how such a practice can be identified. Rather than developing a one-size-fits-all test applicable to all forms of market behaviour by dominant firms, the European Court of Justice (ECJ) and the General Court (ex; Court of First Instance) have set out a system of tests for separate categories of conduct. Drawing on the full range of the EU Courts’ relevant case law, this very useful book analyses the conditions that must be fulfilled for a broad range of business practices to be deemed abusive within the meaning of Article 102 TFEU, and also identifies the criteria that must be fulfilled for a practice to be ‘objectively justified’. The potentially abusive practices studied here (as defined in the relevant case law) include the following: predatory pricing; margin squeezing; exclusivity agreements; loyalty rebates; refusals to supply to induce exclusivity; secondary line price discrimination; vexatious litigation; acquisitions of intellectual property rights (IPRs); refusals to supply necessary inputs; provision of storage equipment on the condition of exclusive use; selective above-cost price cuts; tying; technological integration; and refusal to license IPRs. The author also contrasts the Commission’s decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. This study greatly enhances our understanding of the distinction between abusive conduct and lawful competition. In the course of its clarification of the EU Courts’ responses to individual forms of market behaviour, an overall approach to the identification of exclusionary abuses under Article 102 TFEU begins to come into view. Apart from the important new synthesis the work offers legal scholars, there can be little doubt this book will prove a valuable asset and even an inspiration to competition lawyers.
Identifying Ignitable Liquids in Fire Debris: A Guideline for Forensic Experts
by Jeanet Hendrikse Michiel Grutters Frank SchäferIdentifying Ignitable Liquids in Fire Debris: A Guideline for Forensic Experts discusses and illustrates the characteristics of different ignitable liquid products. This guideline builds on the minimum criteria of the ignitable liquid classes defined in the internationally accepted standard ASTM E1618 Standard Test Method for Ignitable Liquid Residues in Extracts from Fire Debris Samples by Gas Chromatography-Mass Spectrometry. The volume provides information on the origin of the characteristics of these ignitable liquid products and provides a summary of characteristics to demonstrate a positive identification of the particular product class. Topics such as the term ignitable liquid, relevant guidelines for fire debris analysis, production processes of ignitable liquids, fire debris analysis methods, and interferences in fire debris analysis, are briefly discussed as these topics are essential for the understanding of the identification and classification of ignitable liquid residues in fire debris.Discusses the characteristics and variations in chemical composition of different classes of the ignitable liquid products defined by ASTM E1618:14Covers the General Production Processes of Ignitable Liquid ProductsIncludes a guide for the Identification of Ignitable Liquids in Fire Debris
Identifying the Enemy: Civilian Participation in Armed Conflict
by Emily CrawfordOver the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
Identifying the Enemy: Civilian Participation in Armed Conflict
by Emily CrawfordOver the past twenty-five years, significant changes in the conduct of wars have increasingly placed civilians in traditional military roles - employing civilians to execute drone strikes, the 'targeted killing' of suspected terrorists, the use of private security contractors in combat zones, and the spread of cyber attacks. Under the laws of armed conflict, civilians cannot be targeted unless they take direct part in hostilities. Once civilians take action, they become targets. This book analyses the complex question of how to identify just who those civilians are. Identifying the Enemy examines the history of civilian participation in armed conflict and how the law has responded to such action. It asks the crucial question: what is 'direct participation in hostilities'? The book slices through the attempts to untie this Gordian knot, and shows that the changing nature of warfare has called into question the very foundation of the civilian/military dichotomy that is at the heart of the law of armed conflict.
Identifying Victims of Human Trafficking: The Legal Issues, Challenges and Barriers (Palgrave Studies in Victims and Victimology)
by Matthew DavisThis book emphasises the importance of difficulties identifying victims of human trafficking. It is often challenging for trafficked victims to be identified, for victims to self-identify, and for victims to be distinguishable from other groups of vulnerable people such as economic migrants, asylum seekers, refugees and smuggled persons. This book examines the environments where difficulties of identifying foreign victims exist or identification is overlooked entirely. It argues that a victim-centred approach is required to recognize them for who they are, a trafficked victim. This lies in opposition to the justice system which often takes the oath of prosecuting victims rather than identifying them as victims, criminalising them for offences as part of their exploitation, forced upon them under duress from their exploiters. Drawing on a range of subjects, this book contributes to existing academic work and speaks to anti-trafficking organisations, charities, public authorities and staff within the UK’s National Referral Mechanism to play a pivotal role in spotting, referring and identifying more foreign trafficked victims, despite the current negativity surrounding immigration.
Identitätsdiebstahl und Identitätsmissbrauch im Internet: Rechtliche und technische Aspekte
by Georg Borges Jörg Schwenk Carl-Friedrich Stuckenberg Christoph WegenerIdentitätsdiebstahl und Identitätsmissbrauch im Internet sind eine ernste Bedrohung. Angriffe werden in der technischen Ausführung und in der Wahl der Angriffsziele immer professioneller. Die Autoren untersuchen Fragen des Identitätsdiebstahls und Identitätsmissbrauchs aus technischer und rechtlicher Perspektive und leiten daraus Handlungsempfehlungen ab. Schwerpunkte sind die systematische Darstellung gegenwärtiger Angriffe und künftiger Entwicklungen, die Bedeutung des neuen Personalausweises, Strafbarkeit und Strafverfolgung sowie Haftungsfragen.
Identitätsmanagement im Cloud Computing: Evaluation ökonomischer und rechtlicher Rahmenbedingungen
by Georg Borges Brigitte WernersDieses Buch beschreibt die Anforderungen an das Identitätsmanagement im Cloud Computing aus rechtlicher und ökonomischer Sicht. Cloud Computing entwickelt sich zu einer Basistechnologie der digitalen Gesellschaft. Entsprechend wichtig ist es, den Zugriff Unbefugter auf Cloud-Dienste abzuwehren. Schlüsselfaktoren sind hier das Identitätsmanagement sowie die Abwehr von Identitätsdiebstahl und Identitätsmissbrauch. Das Werk stellt den rechtlichen Rahmen des Identitätsmanagements im Cloud Computing inklusive des IT-Sicherheitsgesetzes dar und entwickelt aus ökonomischer Perspektive quantitative Modelle technischer Angriffsszenarien und Abwehrmaßnahmen für typische Nutzungsformen von Cloud-Anwendungen. Unter Berücksichtigung der rechtlichen und ökonomischen Rahmenbedingungen werden sodann konkrete rechtliche Pflichten zur Vornahme bestimmter Schutzmaßnahmen identifiziert und somit die rechtlichen Anforderungen des Identitätsmanagements praxisgerecht konkretisiert.
Identities, Politics, and Rights: Identities, Politics, And Rights (The Amherst Series In Law, Jurisprudence, And Social Thought)
by Austin Sarat Thomas R. KearnsThe subject of rights occupies a central place in liberal political thought. This tradition posits that rights are entitlements of individuals by virtue of their personhood and that rights stand apart from politics, that rights in fact hold at bay intrusions of state policy. The essays in Identities, Politics, and Rights question these assumptions and examine how rights constitute us as subjects and are, at the same time, implicated in political struggles. In contrast to the liberal notion of rights' universality, these essays emphasize the context-specific nature of rights as well as their constitutive effects. Recognizing that political disputes throughout the world have increasingly been cast as arguments about rights, the essays in this volume examine the varied roles that rights play in political movements and contests. They argue that rights talk is used by many different groups primarily because of its fluidity. Certainly rights can empower individuals and protect them from their societies, but they also constrain them in other areas. Frequently, empowerment for one group means disabling rights for another group. Moreover, focusing on rights can both liberate and limit the imagination of the possible. By alerting us to this paradox of rights--empowerment and limitation--Identities, Politics, and Rights illuminates ongoing challenges to rights and reminds us that rights can both energize political engagement and provide a resource for defenders of the status quo. Contributors are Richard Abel, Bruce Ackerman, Wendy Brown, John Comaroff, Drucilla Cornell, Jane Gaines, Thomas R. Kearns, Elizabeth Kiss, Kirstie McClure, Sally Merry, Martha Minow, Austin Sarat, and Steven Shiffrin. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Identity and Diversity on the International Bench: Who is the Judge? (International Courts and Tribunals Series)
by Freya BaetensInternational courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Identity and Diversity on the International Bench: Who is the Judge? (International Courts and Tribunals Series)
International courts and tribunals hold the power to decide on questions involving sovereignty over territory, grave human rights violations, international crimes, or millions of euros' worth of economic interests. Judges and arbitrators are the 'faces' and arguably the drivers of international adjudication. Yet certain groups tend to be overrepresented on international benches, while others remain underrepresented. Although international courts and tribunals differ in their institutional make-up and functions, they all rely in essence on the judgement of a group of individuals, each with their own background and experience. Even if adjudicators' identity is not the only, and may not be the decisive, influence on their decision-making, the relative lack of diversity has an effect on the judicial process and its outcomes, which in turn entails broader implications for the legitimacy of international law. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies, focusing on a wide range of factors. Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level as well, making the book both timely and topical.
Identity Capitalists: The Powerful Insiders Who Exploit Diversity to Maintain Inequality
by Nancy LeongNancy Leong reveals how powerful people and institutions use diversity to their own advantage and how the rest of us can respond—and do better. Why do people accused of racism defend themselves by pointing to their black friends? Why do men accused of sexism inevitably talk about how they love their wife and daughters? Why do colleges and corporations alike photoshop people of color into their websites and promotional materials? And why do companies selling everything from cereal to sneakers go out of their way to include a token woman or person of color in their advertisements? In this groundbreaking book, Nancy Leong coins the term "identity capitalist" to label the powerful insiders who eke out social and economic value from people of color, women, LGBTQ people, the poor, and other outgroups. Leong deftly uncovers the rules that govern a system in which all Americans must survive: the identity marketplace. She contends that the national preoccupation with diversity has, counterintuitively, allowed identity capitalists to infiltrate the legal system, educational institutions, the workplace, and the media. Using examples from law to literature, from politics to pop culture, Leong takes readers on a journey through the hidden agendas and surprising incentives of various ingroup actors. She also uncovers a dire dilemma for outgroup members: do they play along and let their identity be used by others, or do they protest and risk the wrath of the powerful? Arming readers with the tools to recognize and mitigate the harms of exploitation, Identity Capitalists reveals what happens when we prioritize diversity over equality.
An Identity for Europe: The Relevance of Multiculturalism in EU Construction (The Sciences Po Series in International Relations and Political Economy)
by Susan Emmanuel R. KastoryanoThis book looks at the role of multiculturalism in the complex construction of the European Union, acknowledging the tension of creating a new political space for identities that are simultaneously national, regional, linguistic, and religious, and yet strive to encompass a political and geographic whole.