Human Rights Law and the Marginalized Other

Human Rights Law and the Marginalized Other PDF Author: William Paul Simmons
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 251

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Book Description

Human Rights Law and the Marginalized Other

Human Rights Law and the Marginalized Other PDF Author: William Paul Simmons
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 251

Get Book

Book Description


Human Rights Law and the Marginalized Other

Human Rights Law and the Marginalized Other PDF Author: William Paul Simmons
Publisher: Cambridge University Press
ISBN: 113950326X
Category : Philosophy
Languages : en
Pages : 269

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Book Description
This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.

Vulnerable and Marginalised Groups and Human Rights

Vulnerable and Marginalised Groups and Human Rights PDF Author: David S. Weissbrodt
Publisher: Edward Elgar Publishing
ISBN: 9781849803922
Category : Human rights
Languages : en
Pages : 0

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Book Description
This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people. Professor Weissbrodt and Professor Rumsey have brought together a comprehensive selection which elucidates the problems common to all vulnerable groups and provides a deeper understanding of their situation. In their original introduction the editors discuss the question of protecting group rights in international law and provide an authoritative overview of the issues raised. The volume will be an invaluable reference source for scholars and practitioners interested in human rights law and will also appeal to scholars in the fields of philosophy, human rights theory and disability studies.

Marginalized Communities and Access to Justice

Marginalized Communities and Access to Justice PDF Author: Yash Ghai CBE
Publisher: Routledge
ISBN: 1135236135
Category : Law
Languages : en
Pages : 281

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Book Description
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.

International Law and its Others

International Law and its Others PDF Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1139460390
Category : Law
Languages : en
Pages : 401

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Book Description
Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Subjectivity, Citizenship and Belonging in Law

Subjectivity, Citizenship and Belonging in Law PDF Author: Anne Griffiths
Publisher: Routledge
ISBN: 1317308131
Category : Law
Languages : en
Pages : 407

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Book Description
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.

Closing the Rights Gap

Closing the Rights Gap PDF Author: LaDawn Haglund
Publisher: Univ of California Press
ISBN: 0520958926
Category : Social Science
Languages : en
Pages : 392

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Book Description
Do "human rights"—as embodied in constitutions, national laws, and international agreements—foster improvements in the lives of the poor or otherwise marginalized populations? When, where, how, and under what conditions? Closing the Rights Gap: From Human Rights to Social Transformation systematically compares a range of case studies from around the world in order to clarify the conditions under which—and institutions through which—economic, social, and cultural rights are progressively realized in practice. It concludes with testable hypotheses regarding how significant transformative change might occur, as well as an agenda for future research to facilitate rights realization worldwide.

Beyond Human Rights

Beyond Human Rights PDF Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645

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Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Public Health and Human Rights

Public Health and Human Rights PDF Author: Chris Beyrer
Publisher: JHU Press
ISBN: 9780801886478
Category : Law
Languages : en
Pages : 520

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Book Description
Provides critical evidenced based assessements and tools with which to investigate the role of rights abrogation in the health of populations.

The Human Rights of Non-citizens

The Human Rights of Non-citizens PDF Author: David S. Weissbrodt
Publisher: Oxford University Press, USA
ISBN: 0199547823
Category : Law
Languages : en
Pages : 282

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Book Description
Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.