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Human Rights Or Citizenship

Author: Paulina Tambakaki
Publisher: CRC Press
ISBN: 1134017618
Size: 76.80 MB
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While human rights have been enjoying unprecedented salience, the concept of the citizen has been significantly challenged. Rising ethical concerns, the calling into question of state sovereignty, and the consolidation of the human rights regime, have all contributed to a shift in focus: from an exclusionary, problematic citizenship to human rights. Human Rights or Citizenship? examines this shift and explores its implications for democracy. In an accessible way, the book explores the arguments within contemporary democratic theory that privilege law and legally codified human rights over citizenship; questioning whether legalism alone could lead us to a better, more equitable politics. Does the prioritisation of law and legally codified human rights risk depoliticisation? Do human rights always contest relations of power and subordination? Addressing these questions, Human Rights or Citizenship? opens a debate about the role of citizenship and human rights in democracy. It will be invaluable reading for anyone interested in democratic politics today.

Voting Rights Of Refugees

Author: Ruvi Ziegler
Publisher: Cambridge University Press
ISBN: 1107159318
Size: 12.98 MB
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A novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention.

The Right To Have Rights

Author: Alison Kesby
Publisher: OUP Oxford
ISBN: 019162778X
Size: 13.51 MB
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Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

Human Rights Migration And Social Conflict

Author: Ariadna Estévez
Publisher: Springer
ISBN: 1137097558
Size: 26.23 MB
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This book uses human rights as part of a constructivist methodology designed to establish a causal relationship between human rights violations and different types of social and political conflict in Europe and North America.

The Religion Of Law

Author: Suhraiya Jivraj
Publisher: Palgrave Macmillan
ISBN: 1137029285
Size: 22.89 MB
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How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.

Remaking Citizenship In Multicultural Europe

Author: B. Halsaa
Publisher: Springer
ISBN: 1137272155
Size: 62.10 MB
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This book offers a ground-breaking analysis of how women's movements have been remaking citizenship in multicultural Europe. Presenting the findings of a large scale, multi-disciplinary cross-national feminist research project, FEMCIT, it develops an expanded, multi-dimensional understanding of citizenship as practice and experience.

States Of War

Author: David William Bates
Publisher: Columbia University Press
ISBN: 0231528663
Size: 46.17 MB
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We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

Religion Race Rights

Author: Eve Darian-Smith
Publisher: Hart Publishing Limited
ISBN:
Size: 72.41 MB
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`Eve Darian-Smith takes us on an amazing journey spanning four centuries, brilliantly illuminating the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight `law moments' that ingeniously show how legal rights are subtly shaped by culturally prevailing ideas about religion and race.'---Richard Falk, Albert G Milbank Professor of International Law Emeritus, Princeton University --

Law And Bioethics

Author: Michael D. A. Freeman
Publisher: Oxford University Press, USA
ISBN:
Size: 10.41 MB
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Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Bioethics, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and bioethics. It includes studies examining the regulation of stem cell research, human rights and bioethics, the regulation of reproductive technologies, and distributive justice in healthcare and pandemic planning.

Reimagining Society In 18th Century French Literature

Author: Jonas Ross Kjærgård
Publisher: Routledge
ISBN: 0429878109
Size: 51.90 MB
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The French revolutionary shift from monarchical to popular sovereignty came clothed in a new political language, a significant part of which was a strange coupling of happiness and rights. In Old Regime ideology, Frenchmen were considered subjects who had no need of understanding why what was prescribed to them would be in the interest of their happiness. The 1789 Declaration of the Rights of Man and of the Citizen equipped the French with a list of inalienable rights and if society would respect those rights, the happiness of all would materialize. This volume explores the authors of fictional literature who contributed alongside pamphleteers, politicians, and philosophers to the establishment of this new political arena, filled with sometimes vague, yet insisting notions of happiness and rights. The shift from monarchical to popular sovereignty and the corollary transition from subjects to citizens culminated in the summer of 1789 but it was preceded by an immense piece of imaginative work.