Download or read book Human Rights Redefining Legal Thought written by Juhana Mikael Salojärvi and published by . This book was released on 2020 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Download or read book Human Rights Redefining Legal Thought written by Juhana Mikael Salojärvi and published by Springer Nature. This book was released on 2019-10-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Download or read book Reinventing Legal Education written by Alberto Alemanno and published by Cambridge University Press. This book was released on 2018-05-24 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: European legal teaching - historically formalistic, doctrinal, hierarchical, and passive - is coming under increasing pressure to reimagine itself as pragmatic, policy-aware, and action-oriented. Out of this context, a bottom-up movement of university law clinics appears to be emerging in Europe. Although intellectually indebted to the US model, the European variant reflects legal education and practice in Europe, specifically the multi-layered and multi-genetic legal landscape resulting from the Europeanization and internationalization of national legal systems, the globalization of European legal markets, and the growing demand for civic engagement in view of increasingly powerful supra-national institutions. Through the prism of clinical legal education, Reinventing Legal Education is the first attempt to gather scholarly and systematic reflections on the developments taking place in European legal teaching and practice. This groundbreaking book should be read by anyone interested in how clinical legal education is reinventing legal education in Europe.
Download or read book Reinventing Human Rights written by Mark Goodale and published by Stanford University Press. This book was released on 2022-03-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.
Download or read book Postcolonial Transitional Justice written by Khanyisela Moyo and published by Routledge. This book was released on 2019-05-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice processes are now considered to be crucial steps in facilitating the move from conflict or repression to a secure democratic future. This book contributes to a deeper understanding of transitional justice by examining the complexities of transition in postcolonial societies. It focuses particularly on Zimbabwe but draws on relevant comparative material from other postcolonial polities. Examples include but are not limited to African countries such as South Africa, Rwanda and Mozambique. European societies such as Northern Ireland, as well as other nations such as Guatemala, are also considered. While amplifying the breadth of the subject of transitional justice, the book addresses the claim that transitional justice mechanisms in postcolonial countries are necessary if the rule of law and the credibility of the country’s legal institutions are to be restored. Drawing on postcolonial legal theory, and especially on analyses of the relationship between international law and imperialism, the book challenges the assumption that a domestic rule of law ‘deficit’ may be remedied with recourse to international law. Taking up the paradigmatic perception that international law is neutral and has fixed rules, it demonstrates how complex issues which arise during postcolonial transitions require a more critical adoption of transitional justice mechanisms.
Download or read book Human Rights written by Robert McCorquodale and published by Ashgate Publishing. This book was released on 2003 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of human rights are important, as they can be a means to challenging entrenched and oppressive power. These key essays take a philosophical approach to human rights, questioning dominant theories and offering different perspectives on their application.
Download or read book Philosophy of Human Rights written by David Boersema and published by Routledge. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining the sustained, coherent perspective of an authored text with diverse, authoritative primary readings, Philosophy of Human Rights provides the context and commentary students need to comprehend challenging rights concepts. Clear, accessible writing, thoughtful consideration of primary source documents, and practical, everyday examples pertinent to students' lives enhance this core textbook for courses on human rights and political philosophy. The first part of the book explores theoretical aspects, including the nature, justification, content, and scope of rights. With an emphasis on contemporary issues and debates, the second part applies these theories to practical issues such as political discourse, free expression, the right to privacy, children's rights, and victims' rights. The third part of the book features the crucial documents that are referred to throughout the book, including the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human Rights and Peoples' Rights, and many more.
Download or read book Human Rights written by David Kinley and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos
Download or read book Climate Change and Indigenous Peoples written by Randall Abate and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 2004 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Download or read book Intellectual Property and Access to Medicines in Africa written by Olasupo Owoeye and published by Routledge. This book was released on 2019-05-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major target of Goal 3 of the Sustainable Development Goals adopted by the United Nations in 2015 is the elimination of ‘the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases’ and combating ‘hepatitis, water-borne diseases and other communicable diseases’. Intellectual property (IP) has been identified as one of the factors impeding access to affordable medicines in developing countries, especially in relation to the HIV pandemic. This book examines the scope of the existing flexibilities in international IP law for promoting access to medicines. It analyses the factors accounting for the underutilisation of the flexibilities in Africa and the measures that African countries may adopt to address the IP barriers to access to medicines. It explores the regional strategies that Africa can adopt to resolve the tension between IP regimes and access to medicines. It also highlights how trade liberalisation and regional integration can play crucial roles in enhancing the use of TRIPS flexibilities, local pharmaceutical manufacturing and access to medicines in Africa. By adopting qualitative research methods to investigate how African countries may effectively use IP to serve public health purposes through the stratagem of regional integration, this book will be a valuable contribution to the existing literature on IP.
Download or read book Research Handbook on the Theory and History of International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.
Download or read book In the Light of Justice written by Walter R. Echo-Hawk and published by Fulcrum Publishing. This book was released on 2016-07-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007 the United Nations approved the United Nations Declaration on the Rights of Indigenous Peoples. United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.
Download or read book Redefining Human Rights in the Struggle for Peace and Development written by Terrence E. Paupp and published by Cambridge University Press. This book was released on 2014-01-20 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the history of the struggle to advance human rights and provides a global framework of constitutional protections to implement these rights.
Download or read book Contemporary Human Rights Ideas written by Bertrand G. Ramcharan and published by Routledge. This book was released on 2015-06-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former UN High Commissioner for Human Rights (2003–4), this book has been fully updated for a second edition and continues to provide a much needed, short and accessible introduction to the foundational human rights ideas of our times and shows that every government is under international obligation to respect and uphold universal human rights. Updates include: Discussion of the recent intellectual challenges to the international human rights movement Examination of the establishment and functioning of the Human Rights Council and the Universal Review Process Evaluation of the developments in the area of the Responsibility to Protect and continued efforts to implement the right to development Inclusion of issues such as the push for compensation for slavery, experiments with democracy in a number of countries and the decisions of international judicial and human rights organs on conceptual and protection issues This book will be of great interest to students and scholars of Global Institutions, International Law and Human Rights.
Download or read book Human Rights written by Austin Sarat and published by University of Michigan Press. This book was released on 2001 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVBrings together essays that examine contestation and contingency in today's human rights politics /div
Download or read book Political and Legal Approaches to Human Rights written by Tom Campbell and published by Routledge. This book was released on 2017-11-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores and illustrates issues arising from ‘political’ approaches to human rights in contrast to the more traditional ‘moral’ approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of ‘political approaches’, including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.
