Culture And The Question Of Rights

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Culture and the Question of Rights

Author : Charles Zerner
Publisher : Duke University Press
ISBN 13 : 0822383810
Total Pages : 305 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Culture and the Question of Rights by : Charles Zerner

Download or read book Culture and the Question of Rights written by Charles Zerner and published by Duke University Press. This book was released on 2003-04-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims. Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat. Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner

Culture and the Question of Rights

Author : Charles Zerner
Publisher : Duke University Press
ISBN 13 : 9780822328131
Total Pages : 308 pages
Book Rating : 4.3/5 (281 download)

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Book Synopsis Culture and the Question of Rights by : Charles Zerner

Download or read book Culture and the Question of Rights written by Charles Zerner and published by Duke University Press. This book was released on 2003-04-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA collection of ethnographic studies into the nature of power, language, and cultural politics within the context of Southeast Asian environments./div

Human Rights, Culture and the Rule of Law

Author : Jessica Almqvist
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310044
Total Pages : 256 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Human Rights, Culture and the Rule of Law by : Jessica Almqvist

Download or read book Human Rights, Culture and the Rule of Law written by Jessica Almqvist and published by Bloomsbury Publishing. This book was released on 2005-09-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

We the People?

Author : Irina Brittner
Publisher :
ISBN 13 : 9783825347628
Total Pages : 312 pages
Book Rating : 4.3/5 (476 download)

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Book Synopsis We the People? by : Irina Brittner

Download or read book We the People? written by Irina Brittner and published by . This book was released on 2020-09-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The foundational vision of the U.S. polity as a "political edifice of liberty and equal rights" (Abraham Lincoln) has held immense symbolic power and bred both aspirations and discontent. It has served as the source for various interconnected, yet often also conflicting, narratives and discourses through which the question of human and civil rights in the U.S. has been constantly debated and re-negotiated. This volume investigates the U.S.-American culture of rights as it has evolved and continues to evolve throughout U.S. (legal) history as well as in U.S. literature and in popular culture. It demonstrates that the question of rights has been posed differently by members of the various groups and cultures that have historically constituted the United States, and that the answers to these questions changed significantly over time.

Cultural Rights as Collective Rights

Author : Andrzej Jakubowski
Publisher : BRILL
ISBN 13 : 9004312021
Total Pages : 400 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Cultural Rights as Collective Rights by : Andrzej Jakubowski

Download or read book Cultural Rights as Collective Rights written by Andrzej Jakubowski and published by BRILL. This book was released on 2016-07-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Cultural Human Rights

Author : Francesco Francioni
Publisher : BRILL
ISBN 13 : 9004162941
Total Pages : 381 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Cultural Human Rights by : Francesco Francioni

Download or read book Cultural Human Rights written by Francesco Francioni and published by BRILL. This book was released on 2008 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

Culture and the Question of Rights

Author : Charles Zerner
Publisher :
ISBN 13 : 9786612920363
Total Pages : 305 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Culture and the Question of Rights by : Charles Zerner

Download or read book Culture and the Question of Rights written by Charles Zerner and published by . This book was released on 2003 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of ethnographic studies into the nature of power, language, and cultural politics within the context of Southeast Asian environments.

Beyond Rights Talk and Culture Talk

Author : Mahmood Mamdani
Publisher : New Africa Books
ISBN 13 : 9780864864291
Total Pages : 180 pages
Book Rating : 4.8/5 (642 download)

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Book Synopsis Beyond Rights Talk and Culture Talk by : Mahmood Mamdani

Download or read book Beyond Rights Talk and Culture Talk written by Mahmood Mamdani and published by New Africa Books. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights in the post-reform era: Kimberle Crenshaw

Rights, Cultures, Subjects and Citizens

Author : Susanne Brandtstädter
Publisher : Routledge
ISBN 13 : 1317980999
Total Pages : 142 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Rights, Cultures, Subjects and Citizens by : Susanne Brandtstädter

Download or read book Rights, Cultures, Subjects and Citizens written by Susanne Brandtstädter and published by Routledge. This book was released on 2013-09-13 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the political logic of foregrounding cultural collectives in a world shaped by globalization and neoliberalization. Throughout the world, it is no longer only individuals, but increasingly collective "cultures" who are made responsible for their own regulation, welfare and enterprise. This appears as a surprising shift from the tenets of classical liberalism which defined the ideal subject of politics as the "unencumbered self"- the free, equal and self-governing individual. The increasing promotion and recognition of cultural rights in international legislation, multiculturalism, and public debates on "culture" as a political problem more generally indicate that culture has become a more central terrain for governance and struggles around rights and citizenship. On the basis of case studies from China, Latin America, and North America, the contributors of this book explore the links between culture, civility, and the politics of citizenship. They argue that official reifications of "culture" in relation to citizenship, and even the recognition of cultural rights, may obey strategies of governance and control, but that citizens may still use new cultural rights and networks, and the legal mechanisms that have been created to protect them, in order to pursue their own agendas of empowerment. This book was originally published as a special issue of Economy and Society.

The Concept of Cultural Genocide

Author : Elisa Novic
Publisher : Oxford University Press
ISBN 13 : 0198787162
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Concept of Cultural Genocide by : Elisa Novic

Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

Values in Translation

Author : Galit A Sarfaty
Publisher : Stanford University Press
ISBN 13 : 0804782229
Total Pages : 218 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Values in Translation by : Galit A Sarfaty

Download or read book Values in Translation written by Galit A Sarfaty and published by Stanford University Press. This book was released on 2012-06-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Cogently analyzes the culture of the [World] Bank to explain successes and failures in the adoption of human rights norms . . . . Highly recommended.” —Choice The World Bank is the largest lender to developing countries, making loans worth over $20 billion per year to finance development projects around the globe. To guide its investments, the Bank has adopted a number of social and environmental policies, yet it has never instituted any overarching policy on human rights. Despite the potential human rights impact of Bank projects—the forced displacement of indigenous peoples resulting from a Bank-financed dam project, for example—the issue of human rights remains marginal in the Bank’s operational practices. Values in Translation analyzes the organizational culture of the World Bank and addresses the question of why it has not adopted a human rights framework. Academics and social advocates have typically focused on legal restrictions in the Bank’s Articles of Agreement. This work’s anthropological analysis sheds light on internal obstacles—including the employee incentive system and a clash of expertise between lawyers and economists over how to define human rights and justify their relevance to the Bank’s mission.

Economic, Social, and Cultural Rights in International Law

Author : Eibe Riedel
Publisher : OUP Oxford
ISBN 13 : 0191509582
Total Pages : 650 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Economic, Social, and Cultural Rights in International Law by : Eibe Riedel

Download or read book Economic, Social, and Cultural Rights in International Law written by Eibe Riedel and published by OUP Oxford. This book was released on 2014-03-13 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Cultural Rights as Human Rights

Author : Unesco
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Cultural Rights as Human Rights by : Unesco

Download or read book Cultural Rights as Human Rights written by Unesco and published by . This book was released on 1970 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNESCO pub. Conference report on the cultural factors of human rights - includes papers and records of discussions on the concept of cultural rights in developed countries and developing countries, and covers trends, the impact of tradition, education, mass media, economic development, etc. On cultural change, etc. Conference held in Paris 1968 jul 8 to 13.

Literary Freedom

Author : Heather Katherine McRobie
Publisher : John Hunt Publishing
ISBN 13 : 1780998791
Total Pages : 104 pages
Book Rating : 4.7/5 (89 download)

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Book Synopsis Literary Freedom by : Heather Katherine McRobie

Download or read book Literary Freedom written by Heather Katherine McRobie and published by John Hunt Publishing. This book was released on 2013-12-13 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literary Freedom: a Cultural Right to Literature is a non-fiction study of literary freedom from a political-philosophical perspective. It adds an original perspective on the issue of literary freedom as it synthesizes debates from human rights as well as providing a new way of addressing the question 'How do we mitigate against the harm caused by hate speech?' by applying Amartya Sen's capability approach to this question.

Yali's Question

Author : Frederick Errington
Publisher : University of Chicago Press
ISBN 13 : 9780226217451
Total Pages : 344 pages
Book Rating : 4.2/5 (174 download)

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Book Synopsis Yali's Question by : Frederick Errington

Download or read book Yali's Question written by Frederick Errington and published by University of Chicago Press. This book was released on 2004-11-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yali's Question is the story of a remarkable physical and social creation—Ramu Sugar Limited (RSL), a sugar plantation created in a remote part of Papua New Guinea. As an embodiment of imported industrial production, RSL's smoke-belching, steam-shrieking factory and vast fields of carefully tended sugar cane contrast sharply with the surrounding grassland. RSL not only dominates the landscape, but also shapes those culturally diverse thousands who left their homes to work there. To understand the creation of such a startling place, Frederick Errington and Deborah Gewertz explore the perspectives of the diverse participants that had a hand in its creation. In examining these views, they also consider those of Yali, a local Papua New Guinean political leader. Significantly, Yali features not only in the story of RSL, but also in Jared Diamond's Pulitzer Prize winning world history Guns, Germs, and Steel—a history probed through its contrast with RSL's. The authors' disagreement with Diamond stems, not from the generality of his focus and the specificity of theirs, but from a difference in view about how history is made—and from an insistence that those with power be held accountable for affecting history.

Human Rights in Cross-cultural Perspectives

Author : ʻAbd Allāh Aḥmad Naʻīm
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812215687
Total Pages : 496 pages
Book Rating : 4.2/5 (156 download)

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Book Synopsis Human Rights in Cross-cultural Perspectives by : ʻAbd Allāh Aḥmad Naʻīm

Download or read book Human Rights in Cross-cultural Perspectives written by ʻAbd Allāh Aḥmad Naʻīm and published by University of Pennsylvania Press. This book was released on 1995 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains case studies that examine the coexistencw and clashes of different cultures as they impinge on human rights issues.

Racial Culture

Author : Richard T. Ford
Publisher : Princeton University Press
ISBN 13 : 1400826306
Total Pages : 244 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Racial Culture by : Richard T. Ford

Download or read book Racial Culture written by Richard T. Ford and published by Princeton University Press. This book was released on 2009-01-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.