can human rights survive

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Can Human Rights Survive

Author : Conor Gearty
ISBN : 9780521866446
Genre : Law
File Size : 27. 59 MB
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In this 2006 book, Conor Gearty confronts the challenges that may destroy the language of human rights for future generations.

From Civil To Human Rights

Author : Helle Porsdam
ISBN : 9781849802307
Genre : Political Science
File Size : 25. 49 MB
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Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

A Magna Carta For All Humanity

Author : Francesca Klug
ISBN : 9781317425724
Genre : Political Science
File Size : 59. 8 MB
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The Magna Carta, sealed in 1215, has come to stand for the rule of law, curbs on executive power and the freedom to enjoy basic liberties. When the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it was heralded as 'a Magna Carta for all human kind'. Yet in the year in which this medieval Charter’s 800th anniversary is widely celebrated, the future of the UK’s commitment to international human rights standards is in doubt. Are ‘universal values’ commendable as a benchmark by which to judge the rest of the world, but unacceptable when applied ‘at home’? Francesca Klug takes us on a journey through time, exploring such topics as ‘British values,’ ‘natural rights,’ ‘enlightenment values’ and ‘legal rights,’ to convey what is both distinctive and challenging about the ethic and practice of universal human rights. It is only through this prism, she argues, that the current debate on human rights protection in the UK can be understood. This book will be of interest to students of British Politics, Law, Human Rights and International Relations.

Law After Modernity

Author : Sionaidh Douglas Scott
ISBN : 9781782251194
Genre : Law
File Size : 22. 90 MB
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How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.

The Local Relevance Of Human Rights

Author : Koen De Feyter
ISBN : 9781139501552
Genre : Political Science
File Size : 26. 52 MB
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Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Examining Critical Perspectives On Human Rights

Author : Rob Dickinson
ISBN : 9781107006935
Genre : Law
File Size : 83. 32 MB
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This collection evaluates the crisis of confidence in human rights which underpins understandings of just decision making and liberal democracy.

Human Rights And The Criminal Justice System

Author : Anthony Amatrudo
ISBN : 9781135145439
Genre : Law
File Size : 73. 38 MB
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"Human Rights and the Criminal Justice System is an advanced text that addresses the conjunction of these two areas. We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. This book brings together the relevant legal and the criminological material in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. Taking up a thorough analysis of this relationship, Human Rights and the Criminal Justice System examines existing legal structures, court practices, and the developing literature in criminology, law and political science. It will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for relevant upper level undergraduate and postgraduate courses. "--

Courts And Consociations

Author : Christopher McCrudden
ISBN : 9780191665387
Genre : Law
File Size : 39. 76 MB
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Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

Protecting Human Rights

Author : Tom Campbell
ISBN : 0199264066
Genre : Political Science
File Size : 79. 68 MB
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This volume addresses two important issues surrounding human rights in both law and politics. First, it considers the content and form of human rights. What is and what is not to be counted as a human right, and what does it mean to identify a right as a human right? Secondly it considers the implementation of human rights. What are the most effective and legitimate means of promoting human rights? Both of these issues raise profound moral questions within legal and political philosophy.The contributions within this volume address the conceptual and moral issues deriving from the expansion of rights discourse and explore the variety of institutional mechanisms that may be adopted to protect and further human rights. At the same time, they illustrate the complex relationship between defining human rights and adopting particular modes of institutional implementation.

State Security Regimes And The Right To Freedom Of Religion And Belief

Author : Karen Murphy
ISBN : 9780415506144
Genre : Law
File Size : 74. 27 MB
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Based on the author's thesis (doctoral)--University College, Dublin, 2010.

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