Lanterna Rally
eBook PDF Download Digital Library
Human Rights Law and the Marginalized Other
Author: William Paul Simmons
Publisher: Cambridge University Press
Published: 2011-09-26
Total Pages: 269
ISBN-13: 113950326X
DOWNLOAD EBOOK →This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.
Marginalized Communities and Access to Justice
Author: Yash Ghai CBE
Publisher: Routledge
Published: 2009-12-16
Total Pages: 281
ISBN-13: 1135236135
DOWNLOAD EBOOK →Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
International Law and its Others
Author: Anne Orford
Publisher: Cambridge University Press
Published: 2006-11-02
Total Pages: 401
ISBN-13: 1139460390
DOWNLOAD EBOOK →Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
Vulnerable and Marginalised Groups and Human Rights
Author: David S. Weissbrodt
Publisher: Edward Elgar Publishing
Published: 2011
Total Pages: 0
ISBN-13: 9781849803922
DOWNLOAD EBOOK →This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people. Professor Weissbrodt and Professor Rumsey have brought together a comprehensive selection which elucidates the problems common to all vulnerable groups and provides a deeper understanding of their situation. In their original introduction the editors discuss the question of protecting group rights in international law and provide an authoritative overview of the issues raised. The volume will be an invaluable reference source for scholars and practitioners interested in human rights law and will also appeal to scholars in the fields of philosophy, human rights theory and disability studies.
Joyful Human Rights
Author: William Paul Simmons
Publisher: University of Pennsylvania Press
Published: 2019-01-24
Total Pages: 305
ISBN-13: 0812295749
DOWNLOAD EBOOK →In popular, legal, and academic discourses, the term "human rights" is now almost always discussed in relation to its opposite: human rights abuses. Syllabi, textbooks, and articles focus largely on victimization and trauma, with scarcely a mention of a positive dimension. Joy, especially, is often discounted and disregarded. William Paul Simmons asserts that there is a time and place—and necessity—in human rights work for being joyful. Joyful Human Rights leads us to challenge human rights' foundations afresh. Focusing on joy shifts the way we view victims, perpetrators, activists, and martyrs; and mitigates our propensity to express paternalistic or heroic attitudes toward human rights victims. Victims experience joy—indeed, it is often what sustains them and, in many cases, what best facilitates their recovery from trauma. Instead of reducing individuals merely to victim status or the tragedies they have experienced, human rights workers can help harmed individuals reclaim their full humanity, which includes positive emotions such as joy. A joy-centered approach provides new insights into foundational human rights issues such as motivations of perpetrators , trauma and survivorship, the work of social movements and activists, philosophical and historical origins of human rights, and the politicization of human rights. Many concepts rarely discussed in the field play important roles here, including social erotics, clowning, dancing, expressive arts therapy, posttraumatic growth, and the Buddhist terms metta (loving kindness) and mudita (sympathetic joy). Joyful Human Rights provides a new framework—one based upon a more comprehensive understanding of human experiences—for theorizing and practicing a more affirmative and robust notion of human rights.
Subjectivity, Citizenship and Belonging in Law
Author: Anne Griffiths
Publisher: Routledge
Published: 2016-10-04
Total Pages: 268
ISBN-13: 1317308131
DOWNLOAD EBOOK →This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Public Health and Human Rights
Author: Chris Beyrer
Publisher: JHU Press
Published: 2007-09-28
Total Pages: 520
ISBN-13: 9780801886478
DOWNLOAD EBOOK →Provides critical evidenced based assessements and tools with which to investigate the role of rights abrogation in the health of populations.
Closing the Rights Gap
Author: LaDawn Haglund
Publisher: Univ of California Press
Published: 2015-03-21
Total Pages: 393
ISBN-13: 0520958926
DOWNLOAD EBOOK →Do "human rights"—as embodied in constitutions, national laws, and international agreements—foster improvements in the lives of the poor or otherwise marginalized populations? When, where, how, and under what conditions? Closing the Rights Gap: From Human Rights to Social Transformation systematically compares a range of case studies from around the world in order to clarify the conditions under which—and institutions through which—economic, social, and cultural rights are progressively realized in practice. It concludes with testable hypotheses regarding how significant transformative change might occur, as well as an agenda for future research to facilitate rights realization worldwide.
Making Human
Author: Matthew S Weinert
Publisher: University of Michigan Press
Published: 2015-02-20
Total Pages: 296
ISBN-13: 0472120840
DOWNLOAD EBOOK →Differences between human beings have long been used to justify a range of degrading, exclusionary, and murderous practices that strip people of their humanity and dignity. While considerable scholarship has been devoted to such dehumanization, Matthew S. Weinert asks how we might conceive its reverse—humanization, or what it means to “make human.” Weinert proposes an account of making human centered on five mechanisms: reflection, recognition, resistance, replication of dominant mores, and responsibility. Examining cases such as the UN Security Council’s engagements with crises and the International Court of Justice’s grappling with Kosovo’s unilateral declaration of independence, he illustrates the distinct and contingent ways these mechanisms have been deployed. Theoretically, the cases evince a complex, evolving relationship between state-centric and human-centric views of society, ultimately revealing the normative potentialities of both. Though the case studies concern specific human relations issues on an international level, Weinert argues in favor of starting from the shared problem of being human and of living in a world in which the humanity of countless groups has been demeaned or denied. Working outward from that point, he proposes, we obtain a more pragmatically grounded understanding of the social construction of the human being.
