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The Rights Paradox
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Book Synopsis The Rights Paradox by : Michael A. Zilis
Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?
Book Synopsis The Human Rights Paradox by : Steve J. Stern
Download or read book The Human Rights Paradox written by Steve J. Stern and published by University of Wisconsin Pres. This book was released on 2014-04-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are paradoxical. Advocates across the world invoke the idea that such rights belong to all people, no matter who or where they are. But since humans can only realize their rights in particular places, human rights are both always and never universal. The Human Rights Paradox is the first book to fully embrace this contradiction and reframe human rights as history, contemporary social advocacy, and future prospect. In case studies that span Africa, Latin America, South and Southeast Asia, and the United States, contributors carefully illuminate how social actors create the imperative of human rights through relationships whose entanglements of the global and the local are so profound that one cannot exist apart from the other. These chapters provocatively analyze emerging twenty-first-century horizons of human rights—on one hand, the simultaneous promise and peril of global rights activism through social media, and on the other, the force of intergenerational rights linked to environmental concerns that are both local and global. Taken together, they demonstrate how local struggles and realities transform classic human rights concepts, including “victim,” “truth,” and “justice.” Edited by Steve J. Stern and Scott Straus, The Human Rights Paradox enables us to consider the consequences—for history, social analysis, politics, and advocacy—of understanding that human rights belong both to “humanity” as abstraction as well as to specific people rooted in particular locales.
Book Synopsis The Rights Paradox by : Michael A. Zilis
Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Supreme Court is the chief institution responsible for guarding minority rights and equality under the law, yet, in order to function authoritatively, the Court depends on a majority of Americans to accept its legitimacy and on policymakers to enforce its rulings. The Rights Paradox confronts this tension, offering a careful conceptualization and theory of judicial legitimacy that emphasizes its connection to social groups. Zilis demonstrates that attitudes toward minorities and other groups are pivotal for shaping popular support for the Court, with the Court losing support when it rules in favor of unpopular groups. Moreover, justices are aware of these dynamics and strategically moderate their decisions when concerned about the Court's legitimacy. Drawing on survey and experimental evidence, as well as analysis of Court decision-making across many recent high-profile cases, Zilis examines the implications for 'equal justice under the law' in an era of heightened polarization and conflict.
Book Synopsis Liberty and Coercion by : Gary Gerstle
Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Book Synopsis Copyright's Paradox by : Neil Netanel
Download or read book Copyright's Paradox written by Neil Netanel and published by Oxford University Press on Demand. This book was released on 2008-04-14 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.
Download or read book Paradox written by John Meaney and published by Pyr. This book was released on 2010-09-09 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centuries of self-imposed isolation have transformed Nulapeiron into a world unlike any other - a world of vast subterranean cities maintained by extraordinary organic technologies. For the majority of its peoples, however such wonders have little meaning. Denied their democratic rights and restricted to the impoverished lower levels, they are subjected to the brutal law of the Logic Lords and the Oracles, supra-human beings whose ability to truecast the future maintains the status quo. But all this is about to change. In a crowded marketplace a mysterious, beautiful woman is brutally cut down by a militia squad's graser fire. Amongst the horrified onlookers is young Tom Corcorigan. He recognizes her. Only the previous day she had presented him with a small, seemingly insignificant info-crystal. And only now, as the fire in the dying stranger's obsidian eyes fades, does he comprehend who - or what - she really was: a figure from legend, one of the fabled Pilots. What Tom has still to discover is that his crystal holds the key to understanding mu-space, and so to freedom itself. He doesn't know it yet, but he has been given a destiny to fulfill - nothing less than the rewriting of his future, and that of his world... Spectacularly staged, thrillingly written and set in a visionary future, Paradox places John Meaney at the forefront of science fiction in this new century.
Book Synopsis Only Paradoxes to Offer by : Joan Wallach Scott
Download or read book Only Paradoxes to Offer written by Joan Wallach Scott and published by Harvard University Press. This book was released on 2009-06-30 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joan Wallach Scott's interpretation of the dilemma of feminism underlines the paradox that arises as theorists introduced the very idea of difference they had sought to eliminate by arguing from the standpoint that difference was irrelevant.
Book Synopsis The Paradox of Gender Equality by : Kristin A Goss
Download or read book The Paradox of Gender Equality written by Kristin A Goss and published by University of Michigan Press. This book was released on 2020-07-20 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kristin A. Goss examines how women’s civic place has changed over the span of more than 120 years, how public policy has driven these changes, and why these changes matter for women and American democracy. As measured by women’s groups’ appearances before the U.S. Congress, women’s collective political engagement continued to grow between 1920 and 1960—when many conventional accounts claim it declined—and declined after 1980, when it might have been expected to grow. Goss asks what women have gained, and perhaps lost, through expanded incorporation, as well as whether single-sex organizations continue to matter in 21st-century America.
Book Synopsis The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? by : Nina-Louisa Arold Lorenz
Download or read book The European Human Rights Culture - A Paradox of Human Rights Protection in Europe? written by Nina-Louisa Arold Lorenz and published by Martinus Nijhoff Publishers. This book was released on 2013-11-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances.
Book Synopsis The Paradox of Paternalism by : Elizabeth S. Manley
Download or read book The Paradox of Paternalism written by Elizabeth S. Manley and published by University Press of Florida. This book was released on 2022-06-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American Studies Association Haiti-Dominican Republic Section Isis Duarte Book Prize From the rise of dictator Rafael Trujillo in the early 1930s through the twelve-year rule of his successor Joaquín Balaguer in the 1960s and 1970s, women are frequently absent or erased from public political narratives in the Dominican Republic. The Paradox of Paternalism shows how women proved themselves as skilled, networked, and non-threatening agents, becoming indispensable to a carefully orchestrated national and international reputation. They garnered concrete political gains like suffrage and paved the way for their continued engagement with the politics of the Dominican state through intense periods of authoritarianism and transition. In this volume, Elizabeth Manley explains how women activists from across the political spectrum engaged with the state by working within both authoritarian regimes and inter-American networks, founding modern Dominican feminism, and contributing to the rise of twentieth-century women's liberation movements in the Global South. Publication of the paperback edition made possible by a Sustaining the Humanities through the American Rescue Plan grant from the National Endowment for the Humanities.
Download or read book On Paradox written by Elizabeth S. Anker and published by Duke University Press. This book was released on 2022-10-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In On Paradox literary and legal scholar Elizabeth S. Anker contends that faith in the logic of paradox has been the cornerstone of left intellectualism since the second half of the twentieth century. She attributes the ubiquity of paradox in the humanities to its appeal as an incisive tool for exposing and dismantling hierarchies. Tracing the ascent of paradox in theories of modernity, in rights discourse, in the history of literary criticism and the linguistic turn, and in the transformation of the liberal arts in higher education, Anker suggests that paradox not only generates the very exclusions it critiques but also creates a disempowering haze of indecision. She shows that reasoning through paradox has become deeply problematic: it engrains a startling homogeneity of thought while undercutting the commitment to social justice that remains a guiding imperative of theory. Rather than calling for a wholesale abandonment of such reasoning, Anker argues for an expanded, diversified theory toolkit that can help theorists escape the seductions and traps of paradox.
Book Synopsis Women, Power, and Property by : Rachel E. Brulé
Download or read book Women, Power, and Property written by Rachel E. Brulé and published by Cambridge University Press. This book was released on 2020-10-22 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.
Book Synopsis The Paradox of Relevance by : Carol J. Greenhouse
Download or read book The Paradox of Relevance written by Carol J. Greenhouse and published by University of Pennsylvania Press. This book was released on 2011-05-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected by Choice magazine as an Outstanding Academic Title Between 1990 and 1996, the U.S. Congress passed market-based reforms in the areas of civil rights, welfare, and immigration in a series of major legislative initiatives. These were announced as curbs on excessive rights and as correctives to a culture of dependency among the urban poor—stock images of racial and cultural minorities that circulated well beyond Congress. But those images did not circulate unchallenged, even after congressional opposition failed. In The Paradox of Relevance, Carol J. Greenhouse provides a political and literary history of the anthropology of U.S. cities in the 1990s, where—below the radar—New Deal liberalism, with its iconic bond between society and security, continued to thrive. The Paradox of Relevance opens in the midst of anthropology's so-called postmodern crisis and the appeal to relevance as a basis for reconciliation and renewal. The search for relevance leads outward to the major federal legislation of the 1990s and the galvanic political tensions between rights- and market-based reforms. Anthropologists' efforts to inform those debates through "relevant" ethnography were highly patterned, revealing the imprint of political tensions in shaping their works' central questions and themes, as well as their organization, narrative techniques, and descriptive practices. In that sense, federal discourse dominates the works' demonstrations of ethnography's relevance; however, the authors simultaneously resist that dominance through innovations in their own literariness—in particular, drawing on diasporic fiction and sociolegal studies where these articulate more agentive meanings of identity and difference. The paradox of relevance emerges with the realization that in the context of the times, affirming the relevance of ethnography as value-neutral science required the textual practices of advocacy and art.
Download or read book Workers' Paradox written by Ruth O'Brien and published by Univ of North Carolina Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinterpreting the roots of twentieth-century American labor law and politics, Ruth O'Brien argues that it was not New Deal Democrats but rather Republicans of an earlier era who developed the fundamental principles underlying modern labor policy. By exam
Book Synopsis The Paradox of Tar Heel Politics by : Rob Christensen
Download or read book The Paradox of Tar Heel Politics written by Rob Christensen and published by Univ of North Carolina Press. This book was released on 2009-11-30 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can a state be represented by Jesse Helms and John Edwards at the same time? Journalist Rob Christensen answers that question and navigates a century of political history in North Carolina, one of the most vibrant and competitive southern states, where neither conservatives nor liberals, Democrats nor Republicans, have been able to rest easy. It is this climate of competition and challenge, Christensen argues, that enabled North Carolina to rise from poverty in the nineteenth century to become a leader in research, education, and banking in the twentieth. Although party divisions and the issues of race that often distinguish them are deeply rooted, Christensen explains, North Carolina voters remain loyal to candidates who focus on issues such as education and building a business-friendly infrastructure. He takes us to picket lines and debates and through numerous red-baiting and race-baiting political campaigns. Along the way we are introduced to many remarkable characters, including a U.S. senator who was a Nazi sympathizer, a candidate for governor who was a Soviet agent, a senator who helped bring down Joe McCarthy and Richard Nixon, and a TV commentator who helped usher in the Reagan Revolution. Long before the talk of red state-blue state polarization, North Carolina was an intensely divided state politically. With Christensen as a guide, readers may find there is sense after all in the topsy-turvy nature of Tar Heel politics.
Book Synopsis Policy Paradox and Political Reason by : Deborah A. Stone
Download or read book Policy Paradox and Political Reason written by Deborah A. Stone and published by Addison-Wesley Educational Publishers. This book was released on 1988 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes index.
Book Synopsis The Paradox of Professionalism by : Scott L. Cummings
Download or read book The Paradox of Professionalism written by Scott L. Cummings and published by Cambridge University Press. This book was released on 2011-02-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the role of lawyers in constructing a just society. Its central objective is to provide a deeper understanding of the relationship between lawyers' commercial aims and public aspirations. Drawing on interdisciplinary and comparative perspectives, it explores whether lawyers can transcend self-interest to meaningfully contribute to systems of political accountability, ethical advocacy and distributional fairness. Its contributors, some of the world's leading scholars of the legal profession, offer evidence that although justice is possible, it is never complete. Ultimately, how much - and what type of - justice prevails depends on how lawyers respond to, and reshape, the political and economic conditions in which they practise. As the essays demonstrate, the possibility of justice is diminished as lawyers pursue self-regulation in the service of power; it is enhanced when lawyers mobilize - in the political arena, workplace and law school - to contest it.
