Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptied of most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
In Visualizing China, the authors launch a broad inquiry aimed at a synergistic understanding of the story of visuality in modern China. The essays cluster around several nodal points including photographs, advertising, posters and movies, from the 1840s to the 1960s.
This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its 'global reach', includes the extraterritorial application of EU law, territorial extension, and the so-called 'Brussels Effect' resulting from unilateral legislative and regulatory action, but also includes the impact of the EU's bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy, and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU's external identity and its relations with other legal regimes, both enabling and constraining the EU's external action.
Animals and Women is a collection of pioneering essays that explores the theoretical connections between feminism and animal defense. Offering a feminist perspective on the status of animals, this unique volume argues persuasively that both the social construction and oppressions of women are inextricably connected to the ways in which we comprehend and abuse other species. Furthermore, it demonstrates that such a focus does not distract from the struggle for women’s rights, but rather contributes to it. This wide-ranging multidisciplinary anthology presents original material from scholars in a variety of fields, as well as a rare, early article by Virginia Woolf. Exploring the leading edge of the species/gender boundary, it addresses such issues as the relationship between abortion rights and animal rights, the connection between woman-battering and animal abuse, and the speciesist basis for much sexist language. Also considered are the ways in which animals have been regarded by science, literature, and the environmentalist movement. A striking meditation on women and wolves is presented, as is an examination of sexual harassment and the taxonomy of hunters and hunting. Finally, this compelling collection suggests that the subordination and degradation of women is a prototype for other forms of abuse, and that to deny this connection is to participate in the continued mistreatment of animals and women.
In The Drone Age, Michael J. Boyle addresses some of the biggest questions surrounding the impact of drones on our world today and the risks that we might face tomorrow. Will drones produce a safer world because they reduce risk to pilots, or will the prospect of clean, remote warfare lead governments to engage in more conflicts? Will drones begin to replace humans on the battlefield? Will they empower soldiers and peacekeepers to act more precisely and humanely in crisis zones? How will terrorist organizations turn this technology back on the governments that fight them? And how are drones enhancing surveillance capabilities, both at war and at home? As advanced drones come into the hands of new actors-foreign governments, local law enforcement, terrorist organizations, humanitarian organizations, and even UN peacekeepers-it is even more important to understand what kind of world they might produce. The Drone Age explores how the unique features of drone technology are altering the decision-making processes of governments and non-state actors alike by transforming their risk calculations and expanding their capacities both on and off the battlefield. By changing what these actors are willing and ready to do, drones are quietly transforming the dynamics of wars, humanitarian crises, and peacekeeping missions while generating new risks to security and privacy. An essential guide to a potentially disruptive force in modern world politics, The Drone Age shows how the innovative use of drone technology will become central to the ways that governments and non-state actors compete for power and influence in the future.
Star Trek Visions of Law and Justice collects fourteen articles connecting popular media with academic inquiry, illustrating the connections between the future world of Star Trek and current issues in international law, law and justice, and the American legal system. It makes an ideal text to teach students interdisciplinary academic concepts using a familiar, popular media phenomenon.