Rightlessness in an Age of Rights

Rightlessness in an Age of Rights PDF Author: Ayten Gündoğdu
Publisher: Oxford University Press, USA
ISBN: 0199370427
Category : Political Science
Languages : en
Pages : 313

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Book Description
"Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gündogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." " --

Rightlessness in an Age of Rights

Rightlessness in an Age of Rights PDF Author: Ayten Gündoğdu
Publisher: Oxford University Press, USA
ISBN: 0199370427
Category : Political Science
Languages : en
Pages : 313

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Book Description
"Human rights promise equal personhood regardless of citizenship status, yet their existing formulations are tied to the principle of territorial sovereignty. This situation leaves various categories of migrants in a condition of "rightlessness," with a very precarious legal, political, and human standing. Gündogdu examines this problem in the context of immigration detention, deportation, and refugee camps. Critical of the existing system of human rights without seeing it as a dead end, she argues for the need to pay closer attention to the political practices of migrants who challenge their condition of rightlessness and propose new understandings of human rights. What arises from this critical reflection on human rights is also a novel reading of Arendt, one that offers refreshing insights into various dimensions of her political thought, including her account of the human condition, "the social question," and "the right to have rights." " --

The Right to Have Rights

The Right to Have Rights PDF Author: Stephanie DeGooyer
Publisher: Verso Books
ISBN: 1784787523
Category : Political Science
Languages : en
Pages : 136

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Book Description
Sixty years ago, the political theorist Hannah Arendt, an exiled Jew deprived of her German citizenship, observed that before people can enjoy any of the "inalienable" Rights of Man-before there can be any specific rights to education, work, voting, and so on-there must first be such a thing as "the right to have rights". The concept received little attention at the time, but in our age of mass deportations, Muslim bans, refugee crises, and extra-state war, the phrase has become the centre of a crucial and lively debate. Here five leading thinkers from varied disciplines-including history, law, politics, and literary studies-discuss the critical basis of rights and the meaning of radical democratic politics today.

Hannah Arendt and the Fragility of Human Dignity

Hannah Arendt and the Fragility of Human Dignity PDF Author: John Douglas Macready
Publisher: Lexington Books
ISBN: 1498554903
Category : Philosophy
Languages : en
Pages : 153

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Book Description
Professor John Douglas Macready offers a post-foundational account of human dignity by way of a reconstructive reading of Hannah Arendt. He argues that Arendt’s experience of political violence and genocide in the twentieth century, as well as her experience as a stateless person, led her to rethink human dignity as an intersubjective event of political experience. By tracing the contours of Arendt’s thoughts on human dignity, Professor Macready offers convincing evidence that Arendt was engaged in retrieving the political experience that gave rise to the concept of human dignity in order to move beyond the traditional accounts of human dignity that relied principally on the status and stature of human beings. This allowed Arendt to retrofit the concept for a new political landscape and reconceive human dignity in terms of stance—how human beings stand in relationship to one another. Professor Macready elucidates Arendt’s latent political ontology as a resource for developing strictly political account of human dignity hat he calls conditional dignity—the view that human dignity is dependent on political action, namely, the preservation and expression of dignity by the person, and/or the recognition by the political community. He argues that it is precisely this “right” to have a place in the world—the right to belong to a political community and never to be reduced to the status of stateless animality—that indicates the political meaning of human dignity in Arendt’s political philosophy.

Human Liberty and Freedom of Speech

Human Liberty and Freedom of Speech PDF Author: C. Edwin Baker
Publisher: Oxford University Press
ISBN: 0195360028
Category : Law
Languages : en
Pages : 396

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Book Description
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.

Empires Without Imperialism

Empires Without Imperialism PDF Author: Jeanne Morefield
Publisher: Oxford University Press
ISBN: 019938732X
Category : Political Science
Languages : en
Pages : 305

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Book Description
For over two centuries, liberal apologists for empire in Britain and America have been plagued by the contradictions between political liberalism and the exclusive, anti-democratic, and violent practices of imperialism - contradictions that become particularly obvious during periods of perceived imperial crisis. This book interrogates the complicated rhetoric of several pro-imperial, public intellectuals from both the late British Empire and contemporary America, two eras marked by intense anxiety about decline.

Social Death

Social Death PDF Author: Lisa Marie Cacho
Publisher: NYU Press
ISBN: 0814725422
Category : Social Science
Languages : en
Pages : 238

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Book Description
Winner of the 2013 John Hope Franklin Book Prize presented by the American Studies Association A necessary read that demonstrates the ways in which certain people are devalued without attention to social contexts Social Death tackles one of the core paradoxes of social justice struggles and scholarship—that the battle to end oppression shares the moral grammar that structures exploitation and sanctions state violence. Lisa Marie Cacho forcefully argues that the demands for personhood for those who, in the eyes of society, have little value, depend on capitalist and heteropatriarchal measures of worth. With poignant case studies, Cacho illustrates that our very understanding of personhood is premised upon the unchallenged devaluation of criminalized populations of color. Hence, the reliance of rights-based politics on notions of who is and is not a deserving member of society inadvertently replicates the logic that creates and normalizes states of social and literal death. Her understanding of inalienable rights and personhood provides us the much-needed comparative analytical and ethical tools to understand the racialized and nationalized tensions between racial groups. Driven by a radical, relentless critique, Social Death challenges us to imagine a heretofore “unthinkable” politics and ethics that do not rest on neoliberal arguments about worth, but rather emerge from the insurgent experiences of those negated persons who do not live by the norms that determine the productive, patriotic, law abiding, and family-oriented subject.

Birth of the State

Birth of the State PDF Author: Charlotte Epstein
Publisher: Oxford University Press
ISBN: 0190917644
Category : Political Science
Languages : en
Pages : 304

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Book Description
This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other all the way down, by going all the way back, to their original crafting in the seventeenth century. It considers two revolutions. The first, scientific, threw humanity out of the centre of the universe, and transformed the very meanings of matter, space, and the body; while the second, legal and political, re-established humans as the centre-point of the framework of modern rights. The book analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed. It develops three arguments, that the body served to naturalise security; to individualise liberty; and to privatise property. Covering a wide range of materials--from early modern Dutch painting, to the canon of English political thought, the Anglo-Scottish legal struggles of naturalization, and medical and religious practices--it shows both how the body has operated as history's great naturaliser, and how it can be mobilised instead as a critical tool that lays bare the deeply racialised and gendered constructions that made the state and the subject of rights. The book returns to the origins of constructivist and constitutive theorising to reclaim their radical and critical potential.

Beyond Empathy and Inclusion

Beyond Empathy and Inclusion PDF Author: Mary F. Scudder
Publisher: Oxford University Press, USA
ISBN: 0197535453
Category : Political Science
Languages : en
Pages : 229

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Book Description
Beyond Empathy and Inclusion examines how to achieve democratic rule in large pluralistic societies where citizens are deeply divided. Scudder argues that listening is key; in a democracy, citizens do not have to agree with their political opponents, but they do have to listen to them. Being heard is what ensures we have a say in the laws to which we are held. While listening is admittedly difficult, this book investigates how to motivate citizens to listenseriously, attentively, and humbly, even to those with whom they disagree.

Beyond Origins

Beyond Origins PDF Author: Angélica Maria Bernal
Publisher: Oxford University Press
ISBN: 0190494220
Category : Political Science
Languages : en
Pages : 289

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Book Description
"From classical stories of divine lawgivers to contemporary ones of Founding Fathers and constitutional beginnings, foundings have long been synonymous with singular, extraordinary moments of political origin and creation. In constitutional democracies, this common view is particularly attractive, with original founding events, actors, and ideals invoked time and again in everyday politics as well as in times of crisis to remake the state and unify citizens. Beyond Origins challenges this view of foundings, explaining how it is ultimately dangerous, misguided, and unsustainable. Engaging with cases of founding through a series of “travels” across political traditions and historical time, this book evaluates the uses and abuses of this view to expose in its links among foundings, origins, and authority a troubling political foundationalism. It argues that by ascribing to foundings a universally binding, unifying, and transcendent authority, the common view works to obscure the fraught political struggles involved in actual foundings and refoundings. In the wake of this challenge, the book develops an alternate approach. Centered on a political view of foundings, this framework recasts foundations as far from authoritatively settled or grounded and redefines foundings as contentious, uncertain, and incomplete. It looks to actors whose complicated relations to pure origins both reveal and capitalize on the underauthorized and contingent nature of foundations to enact foundational change. By examining such actors--from Haitian revolutionaries to Latin American presidents and social movements--the book prods a reconsideration of foundings on different terms: as a contestatory, ongoing dimension of political life." (ed.).

Socializing States

Socializing States PDF Author: Ryan Goodman
Publisher: Oxford University Press
ISBN: 0199301018
Category : Political Science
Languages : en
Pages : 224

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Book Description
The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,