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Advancing Equality

Author : Jody Heymann
Publisher : University of California Press
ISBN 13 : 0520309634
Total Pages : 416 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Advancing Equality by : Jody Heymann

Download or read book Advancing Equality written by Jody Heymann and published by University of California Press. This book was released on 2020-01-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

Equality under the Constitution

Author : Judith A. Baer
Publisher : Cornell University Press
ISBN 13 : 1501722751
Total Pages : 391 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Equality under the Constitution by : Judith A. Baer

Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Ordinary Equality

Author : Kate Kelly
Publisher : Gibbs Smith
ISBN 13 : 1423658736
Total Pages : 406 pages
Book Rating : 4.4/5 (236 download)

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Book Synopsis Ordinary Equality by : Kate Kelly

Download or read book Ordinary Equality written by Kate Kelly and published by Gibbs Smith. This book was released on 2022-03-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all living through modern constitutional history in the making, and Ordinary Equality helps teach about the past, present, and future of the Equal Rights Amendment (ERA) through the lives of the bold, fearless women and queer people who have helped shape the U.S. Constitution. Ordinary Equality digs into the fascinating and little-known history of the ERA and the lives of the incredible—and often overlooked—women and queer people who have helped shape the U.S. Constitution for more than 200 years. Based on author Kate Kelly’s acclaimed podcast of the same name, Ordinary Equality recounts a story centuries in the making. From before the Constitution was even drafted to the modern day, she examines how and why constitutional equality for women and Americans of all marginalized genders has been systematically undermined for the past 100-plus years, and then calls us all to join the current movement to put it back on the table and get it across the finish line. Kate Kelly provides a much-needed fresh perspective on the ERA for feminists of all ages, and this engaging, illustrated look at history, law, and activism is sure to inspire many to continue the fight. Individual chapters tell the stories of Molly Brant (Koñwatsi-tsiaiéñni / Degonwadonti), Abigail Adams, Phillis Wheatley, Matilda Joslyn Gage, Alice Paul, Mary Church Terrell, Pauli Murray, Martha Wright Griffiths, Patsy Takemoto Mink, Barbara Jordan, and Pat Spearman, and features other key players and concepts, including Ruth Bader Ginsburg, Title IX, Danica Roem, and many more.

Constitutional Orphan

Author : Paula A. Monopoli
Publisher : Oxford University Press, USA
ISBN 13 : 0190092793
Total Pages : 257 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Constitutional Orphan by : Paula A. Monopoli

Download or read book Constitutional Orphan written by Paula A. Monopoli and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On August 26, 1920, these words became part of the United States Constitution as its Nineteenth Amendment. The requisite thirty- six states had ratified the amendment in the year since its enactment by Congress on June 4, 1919. A revolution in women's rights, spanning over seventy years, came to a quiet conclusion as Secretary of State Bainbridge Colby signed the measure into law in the privacy of his home at eight o'clock in the morning.1 None of the prominent suffrage leaders of the day, including the National American Woman Suffrage Association (NAWSA) president, Carrie Chapman Catt; or the National Woman's Party (NWP) chair, Alice Paul, were at the signing.2 Catt was later invited to go to the State Department to see the proclamation, but no similar invitation was extended to the more militant Paul. Paul had been a thorn in the side of President Woodrow Wilson, with her White House picketing and willingness to be imprisoned for the vote.3 Ratification was followed by ten years of litigation- most of it in state courts- during which the meaning and scope of the Nineteenth Amendment was contested. In its most literal sense, the Nineteenth Amendment did not confer a "right" to vote per se. Rather, it simply prohibited the states or the federal government from using sex as a criterion for voter eligibility.4 In other words, its ratification meant that state and federal impediments to voting based on sex were now unconstitutional. It did not mean that all women in the United States could vote.5 As a matter of law, the Nineteenth Amendment meant that states could not prevent African American women from voting based solely on their sex. Yet vast numbers of African American women were prevented from voting in the November 1920 presidential election that followed on the heels of ratification.6 They faced the same impediments- poll taxes, literacy tests, grandfather clauses, and physical intimidation- used to prevent their male counterparts from voting after ratification of the Fourteenth and Fifteenth Amendments.7 Those amendments conferred citizenship on previously enslaved persons and barred state or federal restrictions on voting based on race, color, and previous condition of servitude"--

Constitutional Courts, Gay Rights and Sexual Orientation Equality

Author : Angioletta Sperti
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256431
Total Pages : 313 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Courts, Gay Rights and Sexual Orientation Equality by : Angioletta Sperti

Download or read book Constitutional Courts, Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Constituting Equality

Author : Susan H. Williams
Publisher : Cambridge University Press
ISBN 13 : 1139481266
Total Pages : 383 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Constituting Equality by : Susan H. Williams

Download or read book Constituting Equality written by Susan H. Williams and published by Cambridge University Press. This book was released on 2009-07-31 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Democracy and Equality

Author : Geoffrey R. Stone
Publisher :
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Democracy and Equality by : Geoffrey R. Stone

Download or read book Democracy and Equality written by Geoffrey R. Stone and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).

Equal Citizenship, Civil Rights, and the Constitution

Author : Christopher Green
Publisher : Routledge
ISBN 13 : 1317539397
Total Pages : 272 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Equal Citizenship, Civil Rights, and the Constitution by : Christopher Green

Download or read book Equal Citizenship, Civil Rights, and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

The Constitutional and Legal Rights of Women

Author : LESLIE F. GOLDSTEIN
Publisher : West Academic Publishing
ISBN 13 : 9781640201255
Total Pages : 1245 pages
Book Rating : 4.2/5 (12 download)

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Book Synopsis The Constitutional and Legal Rights of Women by : LESLIE F. GOLDSTEIN

Download or read book The Constitutional and Legal Rights of Women written by LESLIE F. GOLDSTEIN and published by West Academic Publishing. This book was released on 2019-01-14 with total page 1245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Goldstein, Baer, Daum and Fine skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law as well as the dynamics and dissension among feminist activists. Building on three previous editions, this book combines updated material on constitutional law, sex and gender discrimination, and women's reproductive rights, with new cases and readings on family law, criminal law, and LGBT rights. Discussion has been expanded to include questions of whether or not the prohibitions on sex discrimination in Title VII and Title IX protect trans individuals. New material covers emerging policy concerns such as female genital mutilation, child marriage, and the Trump Administration's policy changes on gender issues. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, the capacity of law to effect societal change, and the effect of presidential and Senate politics on U.S. Supreme Court nominations and confirmations. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. Topics also include constitutional history, shifting interpretations of employment discrimination and gender equality, changes in reproductive technology and associated policy responses, divorce and dissolution of domestic partnerships, child custody, education, same-sex marriage, pornography, and domestic violence.

We the Women

Author : Julie C. Suk
Publisher : Simon and Schuster
ISBN 13 : 1510755926
Total Pages : 265 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis We the Women by : Julie C. Suk

Download or read book We the Women written by Julie C. Suk and published by Simon and Schuster. This book was released on 2020-08-11 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what’s at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women’s constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? A leading legal scholar tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant victories by women lawyers like Ruth Bader Ginsburg, the achievements of gender equality have fallen short, especially for working mothers and women of color. Julie Suk excavates the ERA’s past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women’s March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the forgotten mothers of all our children have transformed our living Constitution for the better.

A Theory of Constitutional Rights

Author : Robert Alexy
Publisher :
ISBN 13 : 0199584230
Total Pages : 518 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis A Theory of Constitutional Rights by : Robert Alexy

Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

Equal Means Equal

Author : Jessica Neuwirth
Publisher : New Press, The
ISBN 13 : 1620970481
Total Pages : 139 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Equal Means Equal by : Jessica Neuwirth

Download or read book Equal Means Equal written by Jessica Neuwirth and published by New Press, The. This book was released on 2015-01-05 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Equal Rights Amendment was first passed by Congress in 1972, Richard Nixon was president and All in the Family's Archie Bunker was telling his feisty wife Edith to stifle it. Over the course of the next ten years, an initial wave of enthusiasm led to ratification of the ERA by thirty-five states, just three short of the thirty-eight states needed by the 1982 deadline. Many of the arguments against the ERA that historically stood in the way of ratification have gone the way of bouffant hairdos and Bobby Riggs, and a new Coalition for the ERA was recently set up to bring the experience and wisdom of old-guard activists together with the energy and social media skills of a new-guard generation of women. In a series of short, accessible chapters looking at several key areas of sex discrimination recognized by the Supreme Court, Equal Means Equal tells the story of the legal cases that inform the need for an ERA, along with contemporary cases in which women's rights are compromised without the protection of an ERA. Covering topics ranging from pay equity and pregnancy discrimination to violence against women, Equal Means Equal makes abundantly clear that an ERA will improve the lives of real women living in America.

The Gender of Constitutional Jurisprudence

Author : Beverley Baines
Publisher : Cambridge University Press
ISBN 13 : 9780521530279
Total Pages : 364 pages
Book Rating : 4.5/5 (32 download)

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Book Synopsis The Gender of Constitutional Jurisprudence by : Beverley Baines

Download or read book The Gender of Constitutional Jurisprudence written by Beverley Baines and published by Cambridge University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.

Why We Lost the ERA

Author : Jane J. Mansbridge
Publisher : University of Chicago Press
ISBN 13 : 022618644X
Total Pages : 340 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Why We Lost the ERA by : Jane J. Mansbridge

Download or read book Why We Lost the ERA written by Jane J. Mansbridge and published by University of Chicago Press. This book was released on 2015-07-15 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Jane Mansbridge's fresh insights uncover a significant democratic irony - the development of self-defeating, contradictory forces within a democratic movement in the course of its struggle to promote its version of the common good. Mansbridge's book is absolutely essential reading for anyone interested in democratic theory and practice.

The People’s Constitution

Author : John F. Kowal
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The People’s Constitution by : John F. Kowal

Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

The Legal Foundations of Inequality

Author : Roberto Gargarella
Publisher : Cambridge University Press
ISBN 13 : 1139485989
Total Pages : 287 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Not Enough

Author : Samuel Moyn
Publisher : Harvard University Press
ISBN 13 : 067498482X
Total Pages : 297 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Not Enough by : Samuel Moyn

Download or read book Not Enough written by Samuel Moyn and published by Harvard University Press. This book was released on 2018-04-10 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: “No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books