This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
The External Legal Relations of the European Union with Major Oil and Gas Supplying Countries
Author: Sanam S. Haghighi
Publisher: Bloomsbury Publishing
This book offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyses in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The book discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The book will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.
There are many histories of the police as a law-enforcement institution, but no genealogy of the police as a form of power. This book provides a genealogy of modern police by tracing the evolution of "police science" and of police institutions in Europe, from the ancien régime to the early 19th century. Drawing on the theoretical path outlined by Michel Foucault at the crossroads between historical sociology, critical legal theory and critical criminology, it shows how the development of police power was an integral part of the birth of the modern state’s governmental rationalities and how police institutions were conceived as political technologies for the government and social disciplining of populations. Understanding the modern police not as an institution at the service of the judiciary and the law, but as a complex political technology for governing the economic and social processes typical of modern capitalist societies, this book shows how the police have played an active role in actually shaping order, rather than merely preserving it.
This book explores the relationship between the security state and the dominant economic interests, pointing to the ever-increasing reliance on a quantitative understanding of the natural and social worlds, which has vitiated the traditional values that constrained the exercise of power by both the market and the intrusive apparatus of the state.
This multifaceted book examines the free market reform of the Chinese healthcare system in the 1980s and the more collectivist or socialist counter-reforms that have been implemented since 2009 to remedy some of the problems introduced by marketization. The book is based on an ethnographical study in a Chinese county from 2011 to 2012, which investigated local people’s experience of healthcare reforms and the various ways in which they have adapted their own behavior to the constraints and opportunities introduced by these reforms. It provides a vivid depiction of the morality and emotionality of people’s experiences of the Chinese healthcare system and the myriad frustrations and sometimes desperation it induces not only among patients with significant health problems and their families, but also healthcare practitioners caught between their desire to do right by their patients and the penalties they personally incur if they do not adhere to institutionalized cost-saving measures. The people’s experiences within China’s health sector presented reflect many similar experiences in the wider Chinese society. The book is thus a valuable resource for researchers and graduate students interested in China’s healthcare reforms and scholars concerned with issues of contemporary Chinese society.
Drawing upon both classical insights and more recent writings, Hearn provides a compelling account of social breakdown in the United States. The book examines the conditions most responsible for the deterioration of social institutions, notably the family, and of communitarian interdependencies, such as those that support neighborhoods. More specifically, Hearn analyzes the defining forces of liberal modernity--among them, especially, the market economy (favored by the political right) and the democratic welfare state (endorsed by the political left)--whose steady expansion has diminished the social contexts that nurture trust, mutuality, and a robust sense of both personal responsibility and social obligation. The originality of Hearn's book lies in the solutions he proposes, which differ from those rooted in what Hearn calls ""the languages of modernity."" Hearn advocates modes that would serve instead to renew solidarity and reclaim social virtue, a repertory of strategies that would answer Emile Durkheim's call for the creation of moral individualism. He assesses various approaches to revitalizing the social settings, the social institutions, and communitarian structures within which people become moral individuals capable of care about and taking responsibility for the fates of others. Readers of this book are invited to draw their own conclusions by relying in larger part on themselves as parents, neighbors, community members, and citizen-participants in a civil society in restoration. As the American Journal of Sociology notes, ""the book succeeds in its goals, and it deserves to be widely read.""Frank Hearn was professor of sociology at the State University of New York, College of Cortland, and the author of Reason and Freedom in Sociological Thought and The Transformation of Industrial Organization.
This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's relationship with the American liberal state, while the remaining papers consider specific applications of the law within society
Moral Right and State Authority in Early Modern Political Thought
Author: I. Hunter
In Natural Law and Civil Sovereignty new research by leading international scholars is brought to bear on a single crucial issue: the role of early modern natural law doctrines in reconstructing the relations between moral right and civil authority in the face of profound religious and political conflict. In addition to providing fresh insights into the hard-fought struggle to legitimate a desacralised civil order, the book also shows the degree to which the legitimacy of the modern secular state remains dependent on this decisive set of developments.
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Which global issues have the most impact on our lives at the beginning of the 21st century? What's the relationship between developments in politics, ecology, the economy, security, and systems of global government, and how do we as individuals address the problems that they raise in an increasingly globalized world? Global Trends and Global Governance offers answers to these questions. It is a concise and practical guide that explains the key political, economic, ecological and social factors that shape the process of globalization, and the way that they affect the lives of all people around the world. Written in a clear and accessible style, it is an indispensable handbook for activists, civil servants, policy researchers, and anyone interested in getting involved in political action.Covering each of the subject areas chapter by chapter, and drawing on information from UN reports, the book is packed with useful facts and figures that elucidate these complex ideas. It includes analysis of the US economy and US foreign policy as part of a wider critique of UN-unilaterlism, revealing the need to establish more cooperative and inclusive forms of global politics. Public action, such as the organized protests in Seattle and Prague, and the demonstrations at the environment summit at the Hague, are now having an impact on the way that the world is governed. Addressing this changing situation, and the implications that it holds for human security, the contributors analyse ways in which we can evolve new ways of working together to cope with problems of a transnational nature.
Philosophy after Hiroshima offers a philosophical analysis of the issues surrounding war and peace, and their challenges to ethics. It reminds us that the threat posed to civilization by nuclear weapons persists, as does the need for continuing philosophical reflection on the nature of war, the problem of violence, and the need for a workable ethics in the nuclear age. The book recalls the atomic bombings of Hiroshima and Nagasaki as the beginning of the nuclear age, the Cold War, and subsequently of the hegemonic unilateralism of the sole superpower. Reviewing early critical responses to the first atomic bombings by such figures as Camus, Sartre, Russell, Heidegger, Jaspers and others, the authors themselves respond to contemporary threats to peace, including the US “global war on terrorism,” the recrudescence of militarism, and the continuation of imperial power politics by other means. In the nuclear age, the use of military force as a political instrument threatens the future of humanity. This poses formidable challenges to philosophy and calls for its transformation. In using memories of the atomic bombings to help us to grasp the moral implications of the current escalation of global violence, the authors hope to show the urgent relevance of nonviolence in the contemporary context. Drawing on a range of philosophical traditions—Taoist and Western—the contributors take up a welter of philosophical and political concerns of topical interest, including human rights, toleration, the politics of memory, intercultural dialogue, the ethics of co-responsibility, and the possibility of a cosmopolitan order of law and peace. Going beyond postmodernism and deconstruction, several of the authors develop a post-critical, constructive paradigm of thinking—a philosophy of the possible and a new methodology for the realization of the creative potential of the humanities. Philosophy is viewed as a peace-promoting global dialogue.
How States and International Organizations Constructed a New Instrument for Combating Poverty
Author: Lutz Leisering
Publisher: Oxford University Press
Category: Social Science
The Universal Declaration of Human Rights (1948) proclaimed the equality of all human beings in dignity and rights. The right to social security, however, has been taken more seriously only since the 2000s, through calls for 'Social Security for All' and 'Leaving no-one behind'. The book investigates a major response, social cash transfers to the poor. The idea of simply giving money to the poor had been rejected by all major development organizations, but since the early 2000s, social cash transfers have mushroomed in the global South and on agendas of international organizations. How come? What programmes have emerged in which countries? How inclusive are the programmes? What models have international organizations devised? Based on unique quantitative and qualitative data and on newly created concepts and indicators, the book takes stock of all identifiable cash transfers in all Southern countries and of the views of all major international organizations. The volume argues that cash transfers reflect broader changes: new understandings of development, of human rights, of global risks, of the social responsibility of governments, and of universalism. Social cash transfers have turned the poor from objects of charity into rights-holders and agents of their own lives and of development. A repertoire of cash transfers has evolved that has enhanced social citizenship, but is limited by weak political commitments. The book also contributes to a general theory of social policy in development contexts, through a constructivist sociological approach that complements the dominant approaches from welfare economics and political economy and includes a theory of social assistance.
A World Turned Upside Down? poses two overarching questions for the new period opened by the Trump election and the continued growth of right-wing nationalisms. Is there an unwinding of neoliberal globalization taking place, or will globalization continue to deepen, but still deny the free cross-border movement of labor? Would such an unwinding entail an overall shift in power and accumulation to specific regions of the Global South that might overturn the current world order and foster the disintegration of the varied regional blocs that have formed? These questions are addressed through a series of essays that carefully map the national, class, racial, and gender dimensions of the state, capitalism, and progressive forces today. Sober assessment is crucial for the left to gain its political bearings in this trying period and the uncertainties that lie ahead.
Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally—and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities. In Human Rights Transformation in Practice, editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing. Contributors: Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.
This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.
Practices and Cases from Europe, Africa and the World
Author: Samuel O. Idowu
Category: Business & Economics
This book explores national and transnational companies' Corporate Social Responsibility (CSR) activities in times and settings in which they are confronted with economic and social challenges and analyzes these situations, ranging from the financial crisis to fourth generation sustainability. Presenting a number of different cases from various parts of Europe, North America and Africa, it showcases how companies respond to the challenges of the development, consultation, implementation, integration, measurement and consolidation of CSR. Further it specifies how these corporations deal with uncertainties over corporate and financial resources, global financial stability and growing evidence for climate change. The book describes CSR adaptation under challenging circumstances and argues for the strategic and operative legitimation of Corporate Social Responsibility in times of crisis.