Human Rights Law and the Marginalized Other

Human Rights Law and the Marginalized Other

Author: William Paul Simmons

Publisher:

Published: 2011

Total Pages: 251

ISBN-13:

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Book Synopsis Human Rights Law and the Marginalized Other by : William Paul Simmons

Download or read book Human Rights Law and the Marginalized Other written by William Paul Simmons and published by . This book was released on 2011 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Human Rights Law and the Marginalized Other

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

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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.


Book Synopsis Human Rights Law and the Marginalized Other by : William Paul Simmons

Download or read book Human Rights Law and the Marginalized Other written by William Paul Simmons and published by Cambridge University Press. This book was released on 2011-09-26 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Marginalized Communities and Access to Justice

Author: Yash Ghai CBE

Publisher: Routledge

Published: 2009-12-16

Total Pages: 281

ISBN-13: 1135236135

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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.


Book Synopsis Marginalized Communities and Access to Justice by : Yash Ghai CBE

Download or read book Marginalized Communities and Access to Justice written by Yash Ghai CBE and published by Routledge. This book was released on 2009-12-16 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Vulnerable and Marginalised Groups and Human Rights

Vulnerable and Marginalised Groups and Human Rights

Author: David S. Weissbrodt

Publisher: Edward Elgar Publishing

Published: 2011

Total Pages: 0

ISBN-13: 9781849803922

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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.


Book Synopsis Vulnerable and Marginalised Groups and Human Rights by : David S. Weissbrodt

Download or read book Vulnerable and Marginalised Groups and Human Rights written by David S. Weissbrodt and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


International Law and its Others

International Law and its Others

Author: Anne Orford

Publisher: Cambridge University Press

Published: 2006-11-02

Total Pages: 401

ISBN-13: 1139460390

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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.


Book Synopsis International Law and its Others by : Anne Orford

Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Subjectivity, Citizenship and Belonging in Law

Subjectivity, Citizenship and Belonging in Law

Author: Anne Griffiths

Publisher: Routledge

Published: 2016-10-04

Total Pages: 268

ISBN-13: 1317308131

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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.


Book Synopsis Subjectivity, Citizenship and Belonging in Law by : Anne Griffiths

Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Routledge. This book was released on 2016-10-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Public Health and Human Rights

Author: Chris Beyrer

Publisher: JHU Press

Published: 2007-09-28

Total Pages: 520

ISBN-13: 9780801886478

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Provides critical evidenced based assessements and tools with which to investigate the role of rights abrogation in the health of populations.


Book Synopsis Public Health and Human Rights by : Chris Beyrer

Download or read book Public Health and Human Rights written by Chris Beyrer and published by JHU Press. This book was released on 2007-09-28 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Closing the Rights Gap

Author: LaDawn Haglund

Publisher: Univ of California Press

Published: 2015-03-21

Total Pages: 393

ISBN-13: 0520958926

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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.


Book Synopsis Closing the Rights Gap by : LaDawn Haglund

Download or read book Closing the Rights Gap written by LaDawn Haglund and published by Univ of California Press. This book was released on 2015-03-21 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Making Human

Author: Matthew S Weinert

Publisher: University of Michigan Press

Published: 2015-02-20

Total Pages: 296

ISBN-13: 0472120840

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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.


Book Synopsis Making Human by : Matthew S Weinert

Download or read book Making Human written by Matthew S Weinert and published by University of Michigan Press. This book was released on 2015-02-20 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Crime, Justice and Human Rights

Crime, Justice and Human Rights

Author: Leanne Weber

Publisher: Bloomsbury Publishing

Published: 2017-09-16

Total Pages: 264

ISBN-13: 1137299215

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A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.


Book Synopsis Crime, Justice and Human Rights by : Leanne Weber

Download or read book Crime, Justice and Human Rights written by Leanne Weber and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.