Author : Sonu Bedi
Publisher : Cambridge University Press
Page : 221 pages
File Size : 23,72 MB
Release : 2009-02-26
Category : Law
ISBN : 0521518288
Radically rethinks the relationship between liberty and democracy, and identifies the concept of rights as a threat to democratic debate.
Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 36,87 MB
Release : 2021-04-29
Category : Law
ISBN : 1108484700
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Author : Sarah E. Anderson
Publisher : Cambridge University Press
Page : 183 pages
File Size : 13,95 MB
Release : 2020-02-20
Category : Political Science
ISBN : 1108487955
This analysis of legislative behavior shows how primary voters can obstruct political compromise and outlines potential reforms to remedy gridlock.
Author : Glen Sean Coulthard
Publisher : U of Minnesota Press
Page : 289 pages
File Size : 46,78 MB
Release : 2014-08-15
Category : Social Science
ISBN : 1452942439
WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
Author : Noura Erakat
Publisher : Stanford University Press
Page : 405 pages
File Size : 14,53 MB
Release : 2019-04-23
Category : History
ISBN : 1503608832
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author : Austin Sarat
Publisher : Emerald Group Publishing
Page : 270 pages
File Size : 34,97 MB
Release : 2011-02-22
Category : Law
ISBN : 0857248251
Social movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.
Author : United States. Department of Justice
Publisher :
Page : 720 pages
File Size : 47,31 MB
Release : 1985
Category : Justice, Administration of
ISBN :
Author : Dominique Clément
Publisher : Wilfrid Laurier Univ. Press
Page : 206 pages
File Size : 10,4 MB
Release : 2018-10-18
Category : Political Science
ISBN : 1771122765
Human rights has become the dominant vernacular for framing social problems around the world. In this book, Dominique Clément presents a paradox in politics, law, and social practice: he argues that whereas framing grievances as human rights violations has become an effective strategy, the increasing appropriation of rights-talk to frame any and all grievances undermines attempts to address systemic social problems. His argument is followed by commentator response from several leading human rights scholars and practitioners in Canada and abroad who bridge the divide between academia, public policy, and practice.
Author : Karen Zivi
Publisher : Oxford University Press
Page : 171 pages
File Size : 35,80 MB
Release : 2011-11-29
Category : Political Science
ISBN : 0199339619
While the 1960s marked a rights revolution in the United States, the subsequent decades have witnessed a rights revolution around the globe, a revolution that for many is a sign of the advancement of democracy. But is the act of rights claiming a form of political contestation that advances democracy? Rights language is ubiquitous in national and international politics today, yet nagging suspicions remain about the compatibility between the practice of rights claiming and democratic politics. While critics argue that rights reinforce ways of thinking and being that undermine democratic values and participatory practices, even champions worry that rights lack the legitimacy and universality necessary to bring democratic aspirations to fruition. Making Rights Claims provides a unique entrée into these important and timely debates. Rather than simply taking a side for or against rights claiming, the book argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming. If we understand rights claims as performative utterances and acts of persuasion, we come to see that by saying "I have a right," we constitute and reconstitute ourselves as democratic citizens, shape our communities, and transform constraining categories of identity in ways that may simultaneously advance and challenge aspects of democracy. Furthermore, we begin to understand that rights claiming is not a wholly rule bound practice. To illustrate her theory, Zivi discusses different sides of two recent rights debates: mandatory HIV testing of pregnant women and the new immigration laws.
Author : Charles K. Bellinger
Publisher : Wipf and Stock Publishers
Page : 196 pages
File Size : 14,26 MB
Release : 2020-12-28
Category : Religion
ISBN : 1725254093
Othering is a word used in academic circles, but it may be unfamiliar to many laypersons. This work introduces the word, which is a refined way of describing prejudice, discrimination, and scapegoating. The book addresses what othering is, how it has been practiced in varied contexts, and how it prepares the way for violence. Dimensional anthropology is introduced, which is the idea that there are three main dimensions of reality as it is inhabited by human beings: the vertical axis (the Great Chain of Being), the horizontal plane (society), and individual selfhood. Othering can be present within all three of these dimensions, with slavery being an example of vertical axis othering, ethnic violence being an example of horizontal othering, and lone wolf or psychotic shooters being an example of individual othering. The most thought-provoking aspect of the book for many readers will be its application to the culture wars in our current individualistic age. Rights language is also addressed at length, since it can function as anti-othering rhetoric or as rhetoric that supports othering. The largest framework for the book is its argument that othering is a way of illuminating what the theological tradition has understood as original sin.
