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Rights as Weapons: Instruments of Conflict, Tools of Power
by Clifford BobAn in-depth look at the historic and strategic deployment of rights in political conflicts throughout the worldRights are usually viewed as defensive concepts representing mankind’s highest aspirations to protect the vulnerable and uplift the downtrodden. But since the Enlightenment, political combatants have also used rights belligerently, to batter despised communities, demolish existing institutions, and smash opposing ideas. Delving into a range of historical and contemporary conflicts from all areas of the globe, Rights as Weapons focuses on the underexamined ways in which the powerful wield rights as aggressive weapons against the weak.Clifford Bob looks at how political forces use rights as rallying cries: naturalizing novel claims as rights inherent in humanity, absolutizing them as trumps over rival interests or community concerns, universalizing them as transcultural and transhistorical, and depoliticizing them as concepts beyond debate. He shows how powerful proponents employ rights as camouflage to cover ulterior motives, as crowbars to break rival coalitions, as blockades to suppress subordinate groups, as spears to puncture discrete policies, and as dynamite to explode whole societies. And he demonstrates how the targets of rights campaigns repulse such assaults, using their own rights-like weapons: denying the abuses they are accused of, constructing rival rights to protect themselves, portraying themselves as victims rather than violators, and repudiating authoritative decisions against them. This sophisticated framework is applied to a diverse range of examples, including nineteenth-century voting rights movements; the American civil rights movement; nationalist, populist, and religious movements in today’s Europe; and internationalized conflicts related to Palestinian self-determination, animal rights, gay rights, and transgender rights.Comparing key episodes in the deployment of rights, Rights as Weapons opens new perspectives on an idea that is central to legal and political conflicts.
A Rights-Based Approach to Social Policy Analysis (SpringerBriefs in Rights-Based Approaches to Social Work #0)
by Shirley Gatenio GabelThis brief resource sets out a rights-based framework for policy analysis that allows social workers to enhance their long-term vision as well as their current practice. It introduces the emerging P.A.N.E. (Participation, Accountability, Non-discrimination, Equity) model for evaluating social policy, comparing it with the traditional needs-based charity model in terms of not only effectiveness and efficiency but also inclusion and justice. Recognized standards for human rights are used to identify values crucial to informing policy goals. Exercises, key documents, and an extended example illustrate both the processes of creating empowering social policy and its best and most meaningful outcomes. Included in the coverage: Rights-based and needs-based approaches to social policy analysis. Regional and international human rights instruments. Grounding social policies in legal and institutional frameworks. Conceptualizing social issues from a human rights frame. Measuring progress on the realization of human rights. Rights-based analysis of maternity, paternity, and parental leaves in the United States. For social workers and social work researchers, A Rights-Based Approach to Social Policy Analysis gives readers a modern platform for achieving the highest goals of the field. It also makes a worthwhile class text for social work programs.
Rights-based Approaches To Development: Exploring The Potential And Pitfalls (PDF)
by Diana Mitlin Sam HickeyThis book offers a comprehensive summary and case studies of major of rights-based approach to development. It is arranged in a point/counterpoint format. The associations between human rights and the work of development activists didn't receive widespread attention from international development agencies until the mid to late 1990s. The most visible sign that attitudes were changing occurred when the UN held its World Summit for Social Development in Copenhagen in 1995. From that point on, rights became a stated objective of most agencies, regardless of the level of effort they actually spent in incorporating these ideas into their activities. Now, over a decade after that crucial turning point; ""Rights-Based Approaches to Development"" reflects on the effect of the development community's major shift in focus from market-based frameworks to a rights-based one. Contributors, both academics and practitioners, reflect on their experience with rights-based development activities. They draw out the current debates, theoretical and practical concerns and achievements, and larger implications about poverty and the relationship between citizens and the state. With powerful insights into where the development community has been and where it needs to go, ""Rights-Based Approaches to Development"" is critical to understanding the role of social justice in the context of development.
Rights Based Fishing (NATO Science Series E: #169)
by P. A. Neher Ragnar Arnason Nina MollettThe genesis of this conference was on a quay of the port of Bergen in March 1985. Ragnar Amason suggested to Phil Neher a small, mid-Atlantic conference on recent developments in fishery management. In the event, more than twenty papers were scheduled and over one hundred and fifty conferees were registered. Logistical complications were sorted through for a summer 1988 conference in Iceland. The really innovative management programs were in the South Pacific; Aus tralia and New Zealand had introduced Individual Transferable Quotas (ITQs); and Iceland, Norway and Canada were also experimenting with quotas. It seemed to the program committee (Rognvaldur Hannesson and Geoffrey Waugh were soon on board) that these quotas had more or less characteristics of property rights. Property rights were also taking other forms in other places (time and area licenses, restrictive licensing of vessels and gear, traditional use rights). The idea of rights based fishing became the theme of the conference.
Rights-based Integrated Child Protection Service Delivery Systems: Secondary and Tertiary Prevention (Rights-based Direct Practice with Children)
by Murli DesaiThe Sourcebook-IV provides training modules for rights-based integrated child protection service delivery systems at the secondary and tertiary prevention levels. Part 1 of the Sourcebook focuses on the preventative, comprehensive, integrated and systemic, and universal community-based and family-based service delivery systems for children; and the methods of case management and outcomes-based project cycle. Part 2 discusses children and families at risk and the role of community-based Integrated Childcare and Support Centres for providing supplementary care and support services to them at the secondary prevention level. It also focuses on children facing sociolegal problems such as deprivation of parental care, violence, and conflict with law, and the role of District-based Integrated Child Protection Centres for providing protection, justice and rehabilitation to them at the tertiary prevention level. Part 3 focuses on children in emergencies in general and in specific situations and role of Integrated Child Protection Centres in these situations. This is a necessary read for social workers, lawyers, researchers, trainers and teachers working on child rights across the world, and especially in developing countries.
Rights-based Litigation, Urban Governance and Social Justice in South Africa: The Right to Joburg (Routledge Contemporary South Africa)
by Marius PieterseRights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
Rights-based Litigation, Urban Governance and Social Justice in South Africa: The Right to Joburg (Routledge Contemporary South Africa)
by Marius PieterseRights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe
by Wojciech SadurskiThis is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe
by Wojciech SadurskiChallenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny.
Rights Delayed: The American State and the Defeat of Progressive Unions, 1935-1950
by Charles W. RomneyProgressive unions flourished in the 1930s by working alongside federal agencies created during the New Deal. Yet in 1950, few progressive unions remained. Why? Most scholars point to domestic anti-communism and southern conservatives in Congress as the forces that diminished the New Deal state, eliminated progressive unions, and destroyed the radical potential of American liberalism. Rights Delayed: The American State and the Defeat of Progressive Unions argues that anti-communism and Congressional conservatism merely intensified the main reason for the decline of progressive unions: the New Deal state's focus on legal procedure. Initially, progressive unions thrived by embracing the procedural culture of New Deal agencies and the wartime American state. Between 1935 and 1945, unions mastered the complex rules of the NLRB and other federal entities by working with government officials. In 1946 and 1947, however, the emphasis on legal procedure made the federal state too slow to combat potentially illegal cooperation between employers and the Teamsters. Workers who supported progressive unions rallied around procedural language to stop what they considered Teamster collusion, but found themselves dependent on an ineffective federal state. The state became even less able to protect employees belonging to left-led unions after the Taft-Hartley Act's anti-communist provisions-and decisions by union leaders-limited access to the NLRB's procedures. From 1946 until 1950, progressive unions withered and eventually disappeared from the Pacific canneries as the unions failed to pay the cost of legal representation before the NLRB. Workers supporting progressive unions had embraced procedural language to claim their rights, but by 1950, those workers discovered that their rights had vanished in an endless legal discourse.
RIGHTS DELAYED C: The American State and the Defeat of Progressive Unions, 1935-1950
by Charles W. RomneyProgressive unions flourished in the 1930s by working alongside federal agencies created during the New Deal. Yet in 1950, few progressive unions remained. Why? Most scholars point to domestic anti-communism and southern conservatives in Congress as the forces that diminished the New Deal state, eliminated progressive unions, and destroyed the radical potential of American liberalism. Rights Delayed: The American State and the Defeat of Progressive Unions argues that anti-communism and Congressional conservatism merely intensified the main reason for the decline of progressive unions: the New Deal state's focus on legal procedure. Initially, progressive unions thrived by embracing the procedural culture of New Deal agencies and the wartime American state. Between 1935 and 1945, unions mastered the complex rules of the NLRB and other federal entities by working with government officials. In 1946 and 1947, however, the emphasis on legal procedure made the federal state too slow to combat potentially illegal cooperation between employers and the Teamsters. Workers who supported progressive unions rallied around procedural language to stop what they considered Teamster collusion, but found themselves dependent on an ineffective federal state. The state became even less able to protect employees belonging to left-led unions after the Taft-Hartley Act's anti-communist provisions-and decisions by union leaders-limited access to the NLRB's procedures. From 1946 until 1950, progressive unions withered and eventually disappeared from the Pacific canneries as the unions failed to pay the cost of legal representation before the NLRB. Workers supporting progressive unions had embraced procedural language to claim their rights, but by 1950, those workers discovered that their rights had vanished in an endless legal discourse.
Rights, Duties and the Body: Law and Ethics of the Maternal-Fetal Conflict
by Rosamund ScottIf a pregnant woman refuses medical treatment needed by the fetus - for instance for religious reasons - or conducts some aspect of her life in a way which risks fetal harm, there may arise an instance of "maternal-fetal conflict". This is an unfortunate term, since pregant women are generally renowned for their self-sacrificing behaviour, but it may well reflect the reality of certain maternal choices and actions. Should a pregnant woman have the legal right to refuse medical treatment needed by the fetus, or should she owe it a legal duty of care which precludes her acting in ways which may harm it? Does the debate hinge simply upon the appropriateness, or otherwise, of legally compelling presumed moral obligations, or is it more complex than this? Indeed, what are a pregnant woman't moral obligations towards her fetus?In England and in some US states, courts have held that a pregnant woman has the right to refuse medical treatment needed by the fetus. In similar fashion, the idea of a general maternal legal duty of care toward the fetus has been rejected, most recently in Canada. The cases, however, leave the impression of an uncomfortable split between the ethics and the law, as if the problem were entirely one of not legally enforcing presumed moral duties. The effect is both puzzling and polarising: puzzling in that the cases leave unanswered - as largely they must - the huge question of a pregnant woman's moral rights and duties; polarising in that the cases leave troubling tensions about a pregnant woman's rights in the face of fetal harm or death. The tendency is to deny these by ever more strongly asserting a woman's rights. In turn this encourages a reaction in favour of fetal rights, one which is unlikely to attend to a woman's interests and difficulties in pregnancy. This could have serious legal repercussions for various instances of maternal-fetal conflict, including in those US states or other jurisdictions which have yet to address these issues. It might also increase the pressures on the issue of abortion.This book, which seeks a way between these polarised positions, tries to explain and justify a woman's moral and legal rights in pregnancy and, at the same time, to explore the extent of her moral duties toward the fetus. The aim is to resolve, as far as possible, the ethical, legal and social tensions which undoubtedly surround this area. Innovatively in work on this issue (and unusually in the field of medical law and ethics) the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship, the author explores and analyses the relevant English, American, Canadian (and sometimes Australian) arguments from the law of treatment refusal, abortion, tort and rescue, as well as relevant jurisprudence from the European Court of Human Rights.This important book breaks new ground and will be of great interest to academics in law and philosophy, lawyers, health professionals, policy-makers and students of medical law and ethics."It is rare to find a book which so skilfully combines legal and moral analysis of a controversial medical issue. Rosamund Scott has produced what is undoubtedly one of the finest pieces of medico-legal writing of recent years. This is a clever, human and immensely readable work."Alexander McCall Smith, Professor of Medical Law, University of Edinburgh"This book concerns one of the most personally agonizing and morally complex issues in medical ethics. It is a work of great philosophical sophistication, combining breadth of vision with acute sensitivity to the nuances of women's experiences. It will soon become the standard work in philosophical, legal and political debate on maternal-fetal conflicts."Roger Crisp, Uehiro Fellow and Tutor in Philosophy, St Anne's College, Oxford
The Right’s First Amendment: The Politics of Free Speech & the Return of Conservative Libertarianism (Stanford Studies in Law and Politics #14)
by Wayne BatchisNot so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.
Rights for Ecosystem Services: Local Communities and the Rights of Nature (ISSN)
by Giulia SajevaThis book analyses how protecting the rights of local communities can contribute to the alleviation of ecological harms through the development of an innovative 'Rights for Ecosystem Services' framework. Ecosystem services describe the range of social, ecological, and economic benefits that people obtain from nature. Recognising the role of local communities, and criticizing the very use of the term services, this book draws on arguments for the rights of nature. Against a market approach to nature conservation it thereby transforms the current 'Payments for Ecosystem Services' framework into a unique 'Rights for Ecosystem Services' framework. With reference to a case study from Sicily, the book develops such a framework as a crucial means through which the environmental role of local communities can be recognised, protected, and fostered. Employing insights from a range of disciplines, this book will appeal to scholars working in the areas of environmental law, legal theory, political philosophy, human rights, and environmental studies, as well as others with practical concerns in the fields of conservation science and local communities' rights.
Rights for Ecosystem Services: Local Communities and the Rights of Nature (ISSN)
by Giulia SajevaThis book analyses how protecting the rights of local communities can contribute to the alleviation of ecological harms through the development of an innovative 'Rights for Ecosystem Services' framework. Ecosystem services describe the range of social, ecological, and economic benefits that people obtain from nature. Recognising the role of local communities, and criticizing the very use of the term services, this book draws on arguments for the rights of nature. Against a market approach to nature conservation it thereby transforms the current 'Payments for Ecosystem Services' framework into a unique 'Rights for Ecosystem Services' framework. With reference to a case study from Sicily, the book develops such a framework as a crucial means through which the environmental role of local communities can be recognised, protected, and fostered. Employing insights from a range of disciplines, this book will appeal to scholars working in the areas of environmental law, legal theory, political philosophy, human rights, and environmental studies, as well as others with practical concerns in the fields of conservation science and local communities' rights.
Rights for Intelligent Robots?: A Philosophical Inquiry into Machine Moral Status
by Kęstutis MosakasIn recent years, the question of human moral duties toward robots has gained momentum in scholarly research due to great advancements in the fields of artificial intelligence (AI) and robotics. Although the current machines fall short of the level of sophistication and human likeness portrayed in science fiction (e.g., the Westworld series or the movie Blade Runner 2049), they are increasingly assuming roles in our society in various important areas, including manufacturing, healthcare, education, customer service, entertainment, and many others. This book makes a meaningful contribution to the ongoing philosophical discourse surrounding the moral treatment of robots. By providing a rigorous and systematic examination of key moral concepts (e.g., moral rights, moral status, moral considerability, and moral value) within the context of robotics and exploring other closely related issues (e.g., the moral implications of artificial consciousness and the associated epistemic challenges), this book offers fresh insights into the necessary and sufficient conditions for machine moral status and rights.
Rights Forfeiture and Punishment
by Christopher Heath WellmanGiven that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.
Rights Forfeiture and Punishment
by Christopher Heath WellmanGiven that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.
Rights from Wrongs: A Secular Theory of the Origins of Rights
by Alan M. DershowitzWhere do our rights come from? Does "natural law" really exist outside of what is written in constitutions and legal statutes? If so, why are rights not the same everywhere and in all eras? On the other hand, if rights are nothing more than the product of human law, why should we ever allow them to override the popular will? In Rights from Wrongs, renowned legal scholar Alan Dershowitz puts forward a wholly new and compelling answer to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular human experiences with injustice. Rights from Wrongs is the first book to propose a theory of rights that emerges not from a theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice. Human rights come from human wrongs. "[Dershowitz's] underlying theory is one that can be neutrally applied by people residing at all positions within the political spectrum.... Perhaps if his views were understood by more people, there would be both a toning down of the political rhetoric." -Tampa Tribune
Rights, Gender and Family Law
by Julie A. Wallbank Shazia Choudhry Edited by Jonathan HerringThere has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the United Kingdom, the United States, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family: for the balance of power between women as mothers and men as fathers, as well as for children's welfare. The contributors to Rights, Gender and Family Law explore the tensions between rights based approaches and welfare based approaches in family law: explaining their differences and connections; considering whether, if at all, they are reconcilable; and, addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be the case that rights-based discourses will come to dominate family law, at least in respect of the way that social policy and legislation responds to calls of equality of rights between mothers and fathers. This book, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children.
Rights, Gender and Family Law (PDF)
by Julie A. Wallbank Shazia Choudhry Edited by Jonathan HerringThere has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the United Kingdom, the United States, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics - respectively, of justice and of care - for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family: for the balance of power between women as mothers and men as fathers, as well as for children's welfare. The contributors to Rights, Gender and Family Law explore the tensions between rights based approaches and welfare based approaches in family law: explaining their differences and connections; considering whether, if at all, they are reconcilable; and, addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be the case that rights-based discourses will come to dominate family law, at least in respect of the way that social policy and legislation responds to calls of equality of rights between mothers and fathers. This book, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children.
Rights, Groups, and Self-Invention: Group-Differentiated Rights in Liberal Theory
by Eric J. MitnickGroup-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
Rights, Groups, and Self-Invention: Group-Differentiated Rights in Liberal Theory
by Eric J. MitnickGroup-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
Rights in Context: Law and Justice in Late Modern Society
by Reza BanakarThis volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.
Rights in Context: Law and Justice in Late Modern Society
by Reza BanakarThis volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.