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Class and Social Background Discrimination in the Modern Workplace: Mapping Inequality in the Digital Age
by Angelo CapuanoThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.
A Class by Herself: Protective Laws for Women Workers, 1890s–1990s
by Nancy WolochA Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws—such as maximum hour laws, minimum wage laws, and night work laws—from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s.Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked—the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century.Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences.
A Class by Herself: Protective Laws for Women Workers, 1890s–1990s (PDF)
by Nancy WolochA Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws—such as maximum hour laws, minimum wage laws, and night work laws—from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s.Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked—the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century.Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences.
Class Conflict: The Pursuit and History of American Justice
by Gregory C. LeavittIn a just society the law not only applies to all equally, but also arises from the consent of the people it embraces. As such, justice implies that people have access to governance. A just society provides and guards social and individual rights for all its members. The freedom of speech, therefore, is a right of all, and society has institutionalized processes to guarantee that freedom.Due to the American people's understanding of exclusion and rank, the meaning of justice was fragmented by social status and class. While this book views American justice through a prism of social-class conflict, Gregory C. Leavitt argues that it would be incorrect to portray this perspective as somehow whole. American justice is relative to many cultural groupings and conditions and is thus at the same distance from its encompassing ideal understood by common Americans.Beginning with the late eighteenth century and ending in the late twentieth century, Leavitt traces the history of class conflict and the struggle for justice among Americans. He argues that class struggles remain a significant factor in American social problems, because the American situation grew out of government promises of freedom and liberty to the lower class and the development of a powerful middle class. This is a provocative contribution to the debate over the future of social justice in America.
Class Conflict: The Pursuit and History of American Justice
by Gregory C. LeavittIn a just society the law not only applies to all equally, but also arises from the consent of the people it embraces. As such, justice implies that people have access to governance. A just society provides and guards social and individual rights for all its members. The freedom of speech, therefore, is a right of all, and society has institutionalized processes to guarantee that freedom.Due to the American people's understanding of exclusion and rank, the meaning of justice was fragmented by social status and class. While this book views American justice through a prism of social-class conflict, Gregory C. Leavitt argues that it would be incorrect to portray this perspective as somehow whole. American justice is relative to many cultural groupings and conditions and is thus at the same distance from its encompassing ideal understood by common Americans.Beginning with the late eighteenth century and ending in the late twentieth century, Leavitt traces the history of class conflict and the struggle for justice among Americans. He argues that class struggles remain a significant factor in American social problems, because the American situation grew out of government promises of freedom and liberty to the lower class and the development of a powerful middle class. This is a provocative contribution to the debate over the future of social justice in America.
Class, Gender and Migration: Return Flows between Mexico and the United States in Times of Crisis (Gender in a Global/Local World)
by María Eugenia D’Aubeterre Buznego Alison Elizabeth Lee María Leticia Rivermar PérezUsing a gender-sensitive political economy approach, this book analyzes the emergence of new migration patterns between Central Mexico and the East Coast of the United States in the last decades of the twentieth century, and return migration during and after the global economic crisis of 2007. Based on ethnographic research carried out over a decade, details of the lives of women and men from two rural communities reveal how neoliberal economic restructuring led to the deterioration of livelihoods starting in the 1980s. Similar restructuring processes in the United States opened up opportunities for Mexican workers to labor in US industries that relied heavily on undocumented workers to sustain their profits and grow. When the Great Recession hit, in the context of increasingly restrictive immigration policies, some immigrants were more likely to return to Mexico than others. This longitudinal study demonstrates how the interconnections among class and gender are key to understanding who stayed and who returned to Mexico during and after the global economic crisis. Through these case studies, the authors comment more widely on how neoliberalism has affected the livelihoods and aspirations of the working classes. This book will be of key interest to scholars, students and practitioners in migration studies, gender studies/politics, and more broadly to international relations, anthropology, development studies, and human geography.
Class, Gender and Migration: Return Flows between Mexico and the United States in Times of Crisis (Gender in a Global/Local World)
by María Eugenia D’Aubeterre Buznego Alison Elizabeth Lee María Leticia Rivermar PérezUsing a gender-sensitive political economy approach, this book analyzes the emergence of new migration patterns between Central Mexico and the East Coast of the United States in the last decades of the twentieth century, and return migration during and after the global economic crisis of 2007. Based on ethnographic research carried out over a decade, details of the lives of women and men from two rural communities reveal how neoliberal economic restructuring led to the deterioration of livelihoods starting in the 1980s. Similar restructuring processes in the United States opened up opportunities for Mexican workers to labor in US industries that relied heavily on undocumented workers to sustain their profits and grow. When the Great Recession hit, in the context of increasingly restrictive immigration policies, some immigrants were more likely to return to Mexico than others. This longitudinal study demonstrates how the interconnections among class and gender are key to understanding who stayed and who returned to Mexico during and after the global economic crisis. Through these case studies, the authors comment more widely on how neoliberalism has affected the livelihoods and aspirations of the working classes. This book will be of key interest to scholars, students and practitioners in migration studies, gender studies/politics, and more broadly to international relations, anthropology, development studies, and human geography.
Classic Issues in Islamic Philosophy and Theology Today (Islamic Philosophy and Occidental Phenomenology in Dialogue #4)
by Anna-Teresa Tymieniecka Nazif MuhtarogluWith some exceptions, there is not a real interest in Islamic philosophy and t- ology in Western institutions today. This largely ignored area has the potential to present enlightening insights into the development of the Western thought and to contribute to contemporary discussions in philosophy and theology in general. Scholars working in Islamic thought usually focus on its medieval background and consider it to be mainly of a historical interest and far away from the intellectual world of today. Showing its contemporary relevance is an important task by which the status of Islamic philosophy can be elevated to its proper station. By considering these points in mind, the University of Kentucky organized an international graduate student conference on Islamic philosophy and the- ogy with an emphasis on its contemporary relevance which was held between the 28th and 30th September 2007. This book emerged out of the conf- ence by adding more chapters relevant to the main theme of the book. This book presents analyses and discussions of different topics in Islamic philo- phy and theology by relating them to contemporary debates and ideas in four main areas: epistemology, metaphysics, philosophy of religion and value t- ory. There are ten chapters in sum. Some of the chapters are written by graduate students and some of them by experienced scholars. Each chapter presents c- siderable insight into its relevant topic but does not represent the opinion of anybody except the author.
The Classic Social Contractarians: Critical Perspectives from Contemporary Feminist Philosophy and Law
by Janice RichardsonHow can we live together without subordination and oppression? What does it mean to treat each other as free and equal persons? This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, focusing specifically upon the work of Hobbes, Spinoza, Locke, Rousseau and Kant. Considering the relationship between the 'self' and the law, this volume also looks at the points at issue between feminist political theorists and considers the usefulness of contractarian arguments for feminist politics today, together with an examination of the relationship between their political, legal and moral analyses.
The Classic Social Contractarians: Critical Perspectives from Contemporary Feminist Philosophy and Law
by Janice RichardsonHow can we live together without subordination and oppression? What does it mean to treat each other as free and equal persons? This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, focusing specifically upon the work of Hobbes, Spinoza, Locke, Rousseau and Kant. Considering the relationship between the 'self' and the law, this volume also looks at the points at issue between feminist political theorists and considers the usefulness of contractarian arguments for feminist politics today, together with an examination of the relationship between their political, legal and moral analyses.
Classic Writings in Law and Society: Contemporary Comments and Criticisms
by A. Javier TrevinoOver against such reference volumes as encyclopedias, which are intended to provide an overview and summary of a subject, and dictionaries, which define a series of terms, "commentaries" generally consist of a collection of lectures or essays that discuss and explain in some detail particular topics and sources. In law, the best known and oldest of these is William Blackstone's Commentaries on the Laws of England (1765-1769). Others, which are equally prominent, include James Kent's Commentaries on American Law (1826) and Joseph Story's Commentaries on the Constitution of the United States (1833). This volume is presented in the spirit of the aforementioned treatises. It consists of several essays of contemporary comments and criticisms intended generally to inform and educate.The commentaries in this book have two collective purposes. First and foremost, they are intended to acquaint a new generation of students with thirteen classic books written by diverse sociolegal scholars--ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. Second, they endeavor to demonstrate the contemporary theoretical relevance, the continuing legacy, of these classic writings. Accordingly, the commentaries discuss each of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a contemporary context. Singly and collectively these books have a clear relation to the "classic" tradition in thought--a tradition that, although not always acknowledged, is of great significance to current theorizing in law and society.The classic tradition represents those books that have come to be considered the foundational texts in the social scientific study of law. The commentaries collected here were written by some of today's leading scholars of law and society, including Piers Beirne, Dario Melossi, Kalus A. Zigert, Alan Hunt, Marshall B. Clinard, and Dragan Milovanovic.
Classic Writings in Law and Society: Contemporary Comments and Criticisms
by A. Javier TrevinoOver against such reference volumes as encyclopedias, which are intended to provide an overview and summary of a subject, and dictionaries, which define a series of terms, "commentaries" generally consist of a collection of lectures or essays that discuss and explain in some detail particular topics and sources. In law, the best known and oldest of these is William Blackstone's Commentaries on the Laws of England (1765-1769). Others, which are equally prominent, include James Kent's Commentaries on American Law (1826) and Joseph Story's Commentaries on the Constitution of the United States (1833). This volume is presented in the spirit of the aforementioned treatises. It consists of several essays of contemporary comments and criticisms intended generally to inform and educate.The commentaries in this book have two collective purposes. First and foremost, they are intended to acquaint a new generation of students with thirteen classic books written by diverse sociolegal scholars--ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. Second, they endeavor to demonstrate the contemporary theoretical relevance, the continuing legacy, of these classic writings. Accordingly, the commentaries discuss each of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a contemporary context. Singly and collectively these books have a clear relation to the "classic" tradition in thought--a tradition that, although not always acknowledged, is of great significance to current theorizing in law and society.The classic tradition represents those books that have come to be considered the foundational texts in the social scientific study of law. The commentaries collected here were written by some of today's leading scholars of law and society, including Piers Beirne, Dario Melossi, Kalus A. Zigert, Alan Hunt, Marshall B. Clinard, and Dragan Milovanovic.
Classical Confucian Political Thought: A New Interpretation
by Loubna El AmineThe intellectual legacy of Confucianism has loomed large in efforts to understand China's past, present, and future. While Confucian ethics has been thoroughly explored, the question remains: what exactly is Confucian political thought? Classical Confucian Political Thought returns to the classical texts of the Confucian tradition to answer this vital question. Showing how Confucian ethics and politics diverge, Loubna El Amine argues that Confucian political thought is not a direct application of Confucian moral philosophy. Instead, contrary to the conventional view that Confucian rule aims to instill virtue in all members of society, El Amine demonstrates that its main aim is to promote political order.El Amine analyzes key aspects of the Confucian political vision, including the relationship between the ruler and the people, the typology of rulers, and the role of ministers and government officials. She also looks at Confucianism’s account of the mechanisms through which society is to be regulated, from welfare policies to rituals. She explains that the Confucian conception of the political leaves space open for the rule of those who are not virtuous if these rulers establish and maintain political order. She also contends that Confucians defend the duty to take part in government based on the benefits that such participation can bring to society.Classical Confucian Political Thought brings a new understanding to Confucian political theory by illustrating that it is not chiefly idealistic and centered on virtue, but rather realistic and driven by political concerns.
Classical Confucian Political Thought: A New Interpretation (PDF)
by Loubna El AmineThe intellectual legacy of Confucianism has loomed large in efforts to understand China's past, present, and future. While Confucian ethics has been thoroughly explored, the question remains: what exactly is Confucian political thought? Classical Confucian Political Thought returns to the classical texts of the Confucian tradition to answer this vital question. Showing how Confucian ethics and politics diverge, Loubna El Amine argues that Confucian political thought is not a direct application of Confucian moral philosophy. Instead, contrary to the conventional view that Confucian rule aims to instill virtue in all members of society, El Amine demonstrates that its main aim is to promote political order.El Amine analyzes key aspects of the Confucian political vision, including the relationship between the ruler and the people, the typology of rulers, and the role of ministers and government officials. She also looks at Confucianism’s account of the mechanisms through which society is to be regulated, from welfare policies to rituals. She explains that the Confucian conception of the political leaves space open for the rule of those who are not virtuous if these rulers establish and maintain political order. She also contends that Confucians defend the duty to take part in government based on the benefits that such participation can bring to society.Classical Confucian Political Thought brings a new understanding to Confucian political theory by illustrating that it is not chiefly idealistic and centered on virtue, but rather realistic and driven by political concerns.
Classical Culture and the Idea of Rome in Eighteenth-Century England (PDF)
by Philip AyresThis book is the first to look at the aristocratic adoption of Roman ideals in eighteenth-century English culture and thought. Philip Ayres shows how, in the century following the Revolution of 1688, the ruling class promoted-by way of its patronage-a classical frame of mind embracing all the arts, on the foundations of 'liberty' and 'civic virtue'. The historical fact of a Roman Britain lent the endeavour an added authenticity, and it was partly out of an attachment to that past that a new 'Roman' present was constructed by Lord Burlington and his circle. Ayres's study shows that the propensity to adopt the self-image of virtuous Romans was the attempt of a newly empowered oligarchy to dignify and vindicate itself by association with an idealised image of republican Rome. This sense of affinity with the ideals of the free Roman Republic gave British classicism an authenticity impossible under the various versions of absolutism on the continent. Its discourse precluded any more thorough-going revolution by suggesting that Britain's liberty had been won by an 'oligarchy of virtue' which now defended, defined and emblematised the nation.
The Classical Liberal Constitution: The Uncertain Quest For Limited Government
by Richard A. EpsteinAmerican liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.
The Classical Liberal Constitution: The Uncertain Quest For Limited Government
by Richard A. EpsteinAmerican liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.
Classical Utilitarianism from Hume to Mill
by Frederick RosenThis book presents a new interpretation of the principle of utility in moral and political theory based on the writings of the classical utilitarians from Hume to J. S. Mill. Discussion of utility in writers such as Adam Smith, William Paley and Jeremy Bentham is included. 9780415408462 9780203987353 9781134599097
Classical Utilitarianism from Hume to Mill (PDF)
by Frederick RosenThis book presents a new interpretation of the principle of utility in moral and political theory based on the writings of the classical utilitarians from Hume to J. S. Mill. Discussion of utility in writers such as Adam Smith, William Paley and Jeremy Bentham is included. 9780415408462 9780203987353 9781134599097
Classification, Disease and Evidence: New Essays in the Philosophy of Medicine (History, Philosophy and Theory of the Life Sciences #7)
by Philippe Huneman Gérard Lambert Marc SilbersteinThis anthology of essays presents a sample of studies from recent philosophy of medicine addressing issues which attempt to answer very general (interdependent) questions: (a) what is a disease and what is health? (b) How do we (causally) explain diseases? (c) And how do we distinguish diseases, i.e. define classes of diseases and recognize that an instance X of disease belongs to a given class B? (d) How do we assess and choose cure/ therapy?The book is divided into three sections: classification, disease and evidence. In general, attention is focused on statistics in medicine and epidemiology, issues in psychiatry and connecting medicine with evolutionary biology and genetics. Many authors position the theories that they address within their historical contexts.The nature of health and disease will be addressed in several essays that also touch upon very general questions about the definition of medicine and its status. Several chapters scrutinize classification because of its centrality within philosophical problems raised by medicine and its core position in the philosophical questioning of psychiatry. Specificities of medical explanation have recently come under a new light, particularly because of the rise of statistical methods and several chapters investigate these methods in specific contexts such as epidemiology or meta-analysis of random testing. Taken together this collection addresses the question of how we gather, use and assess evidence for various medical theories.The rich assortment of disciplines featured also includes epidemiology, parasitology and public health, while technical aspects such as the application of game theory to medical research and the misuse of the DSM in forensic psychiatry are also given an airing. The book addresses more than the construction of medical knowledge, however, adding cogent appraisal of the processes of decision making in medicine and the protocols used to justify therapeutic choices.
Classification of Conflicts in International Humanitarian Law: The Legal Impact of Foreign Intervention in Civil Wars
by Noam ZamirCivil wars have formed the vast majority of all armed conflicts since the Second World War. These civil wars have often been accompanied by the intervention of foreign states in favour of one or more of the parties. Such interventions raise various general questions regarding conflict classification in international humanitarian law (IHL), which are important because the relevant law that applies is shaped by whether a conflict is classified as international or non-international. This book provides a thorough examination of the theoretical basis of classification of conflicts in IHL, with special focus on the legal impact of armed foreign intervention in civil wars. Noam Zamir enriches the discourse on IHL by providing an in-depth doctrinal examination of issues concerning conflict classification and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen, and identifying potential solutions to different lacunae in this field. The issue of conflict classification has significant practical ramifications and this book will have a wide and varied readership, including legal scholars, law students and governmental and military lawyers.
Classification of Services in the Digital Economy
by Rolf H. Weber Mira BurriThe classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.
Classifying Entities and the Meaning of 'Tax Transparency': The UK Perspective
by Michael McGowanImposing UK tax on an entity or those linked to it involves understanding what kind of entity is being dealt with, especially when it is formed outside the UK. Is it a company, a partnership, a trust or something else? This often involves considering whether the entity is ‘tax transparent’ and if so, what that means. While of great importance, the UK tax rules for classifying entities are notoriously vague, as is the UK meaning of ‘tax transparency’. This book breaks new ground by exploring these topics comprehensively, in a world which is well aware of the problems created by entity classification mismatches. In so doing, it addresses, with emphasis on UK tax law, issues such as: the meaning of a ‘partnership’ and a ‘trust’; what is meant and is not meant by ‘tax transparency’, across a range of taxes and situations; how tax treaties have dealt with entity classification questions and related ‘transparency’ issues; how entity classification questions are impacted by EU law; and how the UK approach could be improved, policy-wise and practically, without facilitating tax avoidance. The book compares in detail the UK entity classification approach with that of the US, the Netherlands and France. Appendices consider the unusual UK capital gains tax treatment of partnerships, as well as the special transparency rules which can apply where a partnership is party to loans or derivative contracts, or owns intangible assets. Questions of entity classification and tax transparency are of fundamental importance in any mature tax system and especially in a globalised economy. This book unlocks those questions for both academics and practitioners.
Classifying Genocide in International Law: The Substantiality Requirement
by Onur UrazThis book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the ‘substantiality requirement’. This refers to the requirement in international law that intended destruction should be directed towards a ‘substantial’ part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to ‘substantiality’ and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging ‘relational approaches to genocide’, offers a third way to understand the existing legal representation of the crime and, consequently, the idea of ‘substantiality’. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.
Classifying Genocide in International Law: The Substantiality Requirement
by Onur UrazThis book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the ‘substantiality requirement’. This refers to the requirement in international law that intended destruction should be directed towards a ‘substantial’ part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to ‘substantiality’ and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging ‘relational approaches to genocide’, offers a third way to understand the existing legal representation of the crime and, consequently, the idea of ‘substantiality’. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.