Download or read book Whose Rights Are Right The Competing Logics of Rights and Why They Matter written by Jeb Barnes and published by . This book was released on 2016 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 50th year anniversaries of the passage of the Civil Rights Act of 1964 and Voting Rights Act of 1965 as well as the 25th anniversary of the Americans with Disabilities Act provide an opportune moment to reflect of what we have learned about the role of rights, litigation and judicial decisions in the struggle for social justice. At first glance, the vast, multi-disciplinary literature on this topic seems incoherent, as scholars have simultaneously found that rights, litigation and judicial decisions almost never matter (and are "hollow hopes") and that they matter too much (and have hopelessly hamstrung policy and politics). Others argue that the effect of rights, litigation and judicial decisions are so contingent and context-specific that we should avoid any grand claims about their effects. This paper argues that the ostensible contradictions in the literature reflect three distinct conceptual approaches: (1) the quasi-experimental approach (which treats rights, litigation and judicial decisions as independent stimuli or "treatments" and seeks to isolate their direct effects on policy); (2) the constitutive approach (which treats rights, litigation and judicial decisions as socially constructed political resources and seeks to trace how activists use them in mobilizing interests and building social movements); and (3) the structural approach (which treats rights, litigation and judicial decisions as iterative framing mechanisms and seeks to analyze how they shape politics and political discourse over time). Once these implicit approaches come into focus, it is contended, we can see news ways of aggregating seemingly discordant findings, identifying points of genuine conflict and uncovering fruitful avenues of future inquiry.
Download or read book The Cambridge Companion to the Philosophy of Law written by John Tasioulas and published by Cambridge University Press. This book was released on 2020-07-02 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book The Globalization of Human Rights written by Jean-Marc Coicaud and published by Brookings Institution Press. This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Citizenship A Very Short Introduction written by Richard Bellamy and published by Oxford University Press, USA. This book was released on 2008-09-25 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Download or read book On War written by Carl von Clausewitz and published by . This book was released on 1908 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Institutional Economics as Situational Logic written by Piet de Vries and published by Taylor & Francis. This book was released on 2023-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on phenomenological and realist approaches, this book surveys the theoretical evolution of new institutional economics. For all its popularity and explanatory power, new institutional economics is not a homogenous field but encompasses a range of different theoretical approaches starting from Coase and the introduction of transaction costs. In particular, the concept of rationality is a rich source of dispute leading to a bifurcation between ‘insider’ and ‘outsider’ perspectives. The insider view refers to studying conscious human beings – the economic actor – who seek their self-interest and find themselves in their mundane situation. The self-interest of the economic actor bestows him with logic. It makes the logic of the situation the method of economics, as Karl Popper establishes. Thus, the book argues for the positioning of new institutional economics as situational logic, that is, an economic theory that formulates and studies single-exit situations that face the economic actor. Ultimately, this book presents a critical appraisal of new institutional economics theories based on a substantiated methodological perspective that effectively navigates the theorist between realism and rigor. This book will be of interest to readers of new institutional economics, economic theory, and the philosophy of economics and social sciences.
Download or read book The Politics of Human Rights written by The Belgrade Circle and published by Verso. This book was released on 2002-10-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original essays on the political and philosophical underpinnings of the idea of human rights by a group of highly distinguished theorists.
Download or read book Records Computers and the Rights of Citizens written by United States. Department of Health, Education, and Welfare. Secretary's Advisory Committee on Automated Personal Data Systems and published by . This book was released on 1973 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Universal Declaration of Human Rights in the 21st Century written by Gordon Brown and published by Open Book Publishers. This book was released on 2016-04-18 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Download or read book Rethinking Human Rights written by D. Chandler and published by Springer. This book was released on 2002-11-26 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Human Rights brings together a team of authors from fields as diverse as political theory, peace studies, international law and media studies - concerned with a new international agenda of human rights promotion. The collection presents an original and tightly argued critique of current trends and deals with a range of questions concerning the implication of human rights approaches for humanitarian aid, state sovereignty, international law, democracy and political autonomy.
Download or read book Practical Necessity Freedom and History written by David James and published by Oxford University Press, USA. This book was released on 2021-03-04 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of careful analysis of relevant writings by Hobbes, Rousseau, Kant, Hegel, and Marx, David James argues that the concept of practical necessity is key to understanding the nature and extent of human freedom. Practical necessity means being, or believing oneself to be, constrained to perform certain actions in the absence (whether real or imagined) of other, more attractive options, or by the high costs involved in pursuing other options. Agents become subject to practical necessity as a result of economic, social, and historical forces over which they have, or appear to have, no effective control, and the extent to which they are subject to it varies according to the amount of economic and social power that one agent possesses relative to other agents. The concept of practical necessity is also shown to take into account how the beliefs and attitudes of social agents are in large part determined by social and historical processes in which they are caught up, and that the type of motivation that we attribute to agents must recognize this. Practical Necessity, Freedom, and History: From Hobbes to Marx shows how Rousseau, Kant, Hegel, and Marx, in contrast to Hobbes, explain the emergence of the conditions of a free society in terms of a historical process that is initially governed by practical necessity. The role that this form of necessity plays in explaining history necessity invites the following question: to what extent are historical agents genuinely subject to both practical and historical necessity?
Download or read book Intellectual Property Rights and Competition in Standard Setting written by Valerio Torti and published by Routledge. This book was released on 2015-10-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.
Download or read book Constitutional Rights and Powers of the People written by Wayne D. Moore and published by Princeton University Press. This book was released on 2017-03-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
