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Author: Alison Brysk
Publisher: Routledge
ISBN: 1136073949
Category : Political Science
Languages : en
Pages : 162
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Book Description
Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.
Author: Alison Brysk
Publisher: Routledge
ISBN: 1136073949
Category : Political Science
Languages : en
Pages : 162
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Book Description
Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.
Author: Alison Brysk
Publisher: Routledge
ISBN: 1136073868
Category : Political Science
Languages : en
Pages : 161
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Book Description
Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.
Author: Paul B. Miller
Publisher: Oxford University Press
ISBN: 0190865288
Category : Law
Languages : en
Pages : 553
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Book Description
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Author: William Blackstone
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
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Book Description
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: T. J. Coles
Publisher: John Hunt Publishing
ISBN: 1785358650
Category : Social Science
Languages : en
Pages : 176
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Book Description
A devastating analysis of modern Britain. Britain is a forward-thinking, human-rights protecting beacon of democracy, right? Think again! Written in time for the 70th anniversary of the Universal Declaration of Human Rights, this book is a documented exposé of Britain's domestic human rights abuses under successive governments from the year 2000 to the present. It covers the deaths of the 20,000 pensioners a year who can't afford heating, the 40,000 people who succumb to air pollution each year, the limits on freedom of speech (including libel law), mass surveillance of Britons by the deep state, and much, much more. By comparing Britain to other rich countries on issues as diverse as infant mortality, child wellbeing, ethnic rights, and union membership, Human Wrongs reveals just how anti-human the British system really is for people of a certain class, gender, disability and/or ethnicity.
Author: Stephen A. Smith
Publisher: Oxford University Press
ISBN: 0191058750
Category : Law
Languages : en
Pages : 368
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Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416
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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author: Clifford Bob
Publisher: University of Pennsylvania Press
ISBN: 0812201345
Category : Political Science
Languages : en
Pages : 203
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Book Description
In recent years, aggrieved groups around the world have routinely portrayed themselves as victims of human rights abuses. Physically and mentally disabled people, indigenous peoples, AIDS patients, and many others have chosen to protect and promote their interests by advancing new human rights norms before the United Nations and other international bodies. Often, these claims have met strong resistance from governments and corporations. More surprisingly, even apparent allies, such as Amnesty International, Human Rights Watch, and other nongovernmental organizations, have voiced misgivings, arguing that rights "proliferation" will weaken efforts to protect their traditional concerns: civil and political rights. Why are certain global problems recognized as human rights issues while others are not? How do local activists transform long-standing problems into universal rights claims? When and why do human rights groups, governments, and international organizations endorse new rights? The International Struggle for New Human Rights is the first book to address these issues. Focusing on activists who advance new rights, the book introduces a framework for understanding critical strategies and conflicts involved in the struggle to persuade the human rights movement to move beyond traditional problems and embrace pressing new ones. Essays in the volume consider rights activism by such groups as the South Asian Dalits, sexual minorities, and children of wartime rape victims, while others explore new issues such as health rights, economic rights, and the right to water. Examining both the successes and failures of such campaigns, The International Struggle for New Human Rights will be a key resource not only for scholars but also for those on the front lines of human rights work.
Author: Alison Brysk
Publisher: University of Pennsylvania Press
ISBN: 0812205731
Category : Social Science
Languages : en
Pages : 278
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Book Description
Over the last decade, public, political, and scholarly attention has focused on human trafficking and contemporary forms of slavery. Yet as human rights scholars Alison Brysk and Austin Choi-Fitzpatrick argue, most current work tends to be more descriptive and focused on trafficking for sexual exploitation. In From Human Trafficking to Human Rights, Brysk, Choi-Fitzpatrick, and a cast of experts demonstrate that it is time to recognize human trafficking as more a matter of human rights and social justice, rooted in larger structural issues relating to the global economy, human security, U.S. foreign policy, and labor and gender relations. Such reframing involves overcoming several of the most difficult barriers to the development of human rights discourse: women's rights as human rights, labor rights as a confluence of structure and agency, the interdependence of migration and discrimination, the ideological and policy hegemony of the United States in setting the terms of debate, and a politics of global justice and governance. Throughout this volume, the argument is clear: a deep human rights approach can improve analysis and response by recovering human rights principles that match protection with empowerment and recognize the interdependence of social rights and personal freedoms. Together, contributors to the volume conclude that rethinking trafficking requires moving our orientation from sex to slavery, from prostitution to power relations, and from rescue to rights. On the basis of this argument, From Human Trafficking to Human Rights offers concrete policy approaches to improve the global response necessary to end slavery responsibly.
