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Author : Samuel J. Stoljar
Publisher : Springer
ISBN 13 : 1349176079
Total Pages : 146 pages
Book Rating : 4.3/5 (491 download)
Download or read book An Analysis of Rights written by Samuel J. Stoljar and published by Springer. This book was released on 1984-10-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Margaret Gilbert
Publisher : Oxford University Press
ISBN 13 : 0198813767
Total Pages : 390 pages
Book Rating : 4.1/5 (988 download)
Download or read book Rights and Demands written by Margaret Gilbert and published by Oxford University Press. This book was released on 2018 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Gilbert presents the first full-length treatment of a central class of rights: demand-rights. To have such a right is to have the standing or authority to demand a particular action of another person. Gilbert argues that joint commitment is a ground of demand-rights, and gives joint commitment accounts of both agreements and promises.
Author : Shirley Gatenio Gabel
Publisher : Springer
ISBN 13 : 3319244124
Total Pages : 107 pages
Book Rating : 4.3/5 (192 download)
Download or read book A Rights-Based Approach to Social Policy Analysis written by Shirley Gatenio Gabel and published by Springer. This book was released on 2016-03-23 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brief resource sets out a rights-based framework for policy analysis that allows social workers to enhance their long-term vision as well as their current practice. It introduces the emerging P.A.N.E. (Participation, Accountability, Non-discrimination, Equity) model for evaluating social policy, comparing it with the traditional needs-based charity model in terms of not only effectiveness and efficiency but also inclusion and justice. Recognized standards for human rights are used to identify values crucial to informing policy goals. Exercises, key documents, and an extended example illustrate both the processes of creating empowering social policy and its best and most meaningful outcomes. Included in the coverage: Rights-based and needs-based approaches to social policy analysis. Regional and international human rights instruments. Grounding social policies in legal and institutional frameworks. Conceptualizing social issues from a human rights frame. Measuring progress on the realization of human rights. Rights-based analysis of maternity, paternity, and parental leaves in the United States. For social workers and social work researchers, A Rights-Based Approach to Social Policy Analysis gives readers a modern platform for achieving the highest goals of the field. It also makes a worthwhile class text for social work programs.
Author : Yoram Barzel
Publisher : Cambridge University Press
ISBN 13 : 9780521597135
Total Pages : 180 pages
Book Rating : 4.5/5 (971 download)
Download or read book Economic Analysis of Property Rights written by Yoram Barzel and published by Cambridge University Press. This book was released on 1997-04-13 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.
Author : Andrew Halpin
Publisher : Hart Publishing
ISBN 13 : 9781901362152
Total Pages : 0 pages
Book Rating : 4.3/5 (621 download)
Download or read book Rights and Law, Analysis and Theory written by Andrew Halpin and published by Hart Publishing. This book was released on 1997-07-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.
Author : Shubha Ghosh
Publisher :
ISBN 13 : 9781107536012
Total Pages : pages
Book Rating : 4.5/5 (36 download)
Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
Author : Joel Harrison
Publisher : Cambridge University Press
ISBN 13 : 110883650X
Total Pages : 279 pages
Book Rating : 4.1/5 (88 download)
Download or read book Post-Liberal Religious Liberty written by Joel Harrison and published by Cambridge University Press. This book was released on 2020-07-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Author : Jody Heymann
Publisher : University of California Press
ISBN 13 : 0520309634
Total Pages : 416 pages
Book Rating : 4.5/5 (23 download)
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.
Author : Lisa McIntosh Sundstrom
Publisher : Oxford University Press
ISBN 13 : 0190932856
Total Pages : 424 pages
Book Rating : 4.1/5 (99 download)
Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Author : Eric Heinze
Publisher : Routledge
ISBN 13 : 113441983X
Total Pages : 353 pages
Book Rating : 4.1/5 (344 download)
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Author : Alfredo Narváez Medécigo
Publisher : Springer
ISBN 13 : 3319245627
Total Pages : 275 pages
Book Rating : 4.3/5 (192 download)
Download or read book Rule of Law and Fundamental Rights written by Alfredo Narváez Medécigo and published by Springer. This book was released on 2015-11-07 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Author : Joel Spring
Publisher : Routledge
ISBN 13 : 1135646899
Total Pages : 200 pages
Book Rating : 4.1/5 (356 download)
Download or read book Globalization and Educational Rights written by Joel Spring and published by Routledge. This book was released on 2014-04-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explore the meaning of equality and freedom of education in a global context and their relationship to the universal right to education. It also proposes evaluating school systems according to their achievement of equality and freedom. Education in the 21st century is widely viewed as a necessary condition for the promotion of human welfare, and thus identified as a basic human right. Educational rights are included in many national constitutions written since the global spread of human rights ideas after World War II. But as a global idea, the meaning of educational rights varies between civilizations. In this book, which builds on the concept of the universal right to education set forth in Spring's The Universal Right to Education: Justification, Definition, and Guidelines, his intercivilizational analysis of educational rights focuses on four of the world's major civilizations: Confucian, Islamic, Western, and Hindu. Spring begins by considering educational rights as part of the global flow of ideas and the global culture of schooling. He also considers the tension this generates within different civilizational traditions. Next, he proceeds to: *examine the meaning of educational rights in the Confucian tradition, in the recent history of China, and in the Chinese Constitution; *look at educational rights in the context of Islamic civilization and as presented in the constitutions of Islamic countries, including an analysis of the sharp contrast between the religious orientation of Islamic educational rights and those of China and the West; *explore the problems created by the Western natural rights tradition and the eventual acceptance of educational rights as represented in European constitutions, with a focus on the development and prominence given in the West to the relationship between schooling and equality of opportunity; and, *investigate the effect of global culture on India and the blend of Western and Hindu ideas in the Indian constitution, highlighting the obstacles to fulfillment of educational rights created by centuries of discrimination against women and lower castes. In his conclusion, Spring presents an educational rights statement based on his intercivilizational analysis and his examination of national constitutions. This statement is intended to serve as a model for the inclusion of educational rights in national constitutions.
Author : Dirk Van Zyl Smit
Publisher : Harvard University Press
ISBN 13 : 0674989112
Total Pages : 465 pages
Book Rating : 4.6/5 (749 download)
Download or read book Life Imprisonment written by Dirk Van Zyl Smit and published by Harvard University Press. This book was released on 2019-01-14 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Author : Ellen Berrey
Publisher : University of Chicago Press
ISBN 13 : 022646685X
Total Pages : 366 pages
Book Rating : 4.2/5 (264 download)
Download or read book Rights on Trial written by Ellen Berrey and published by University of Chicago Press. This book was released on 2017-06-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author : Charles R. Epp
Publisher : University of Chicago Press
ISBN 13 : 9780226211626
Total Pages : 348 pages
Book Rating : 4.2/5 (116 download)
Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 1998-10-15 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author : Francisco Forrest Martin
Publisher : Cambridge University Press
ISBN 13 : 9780521187817
Total Pages : 0 pages
Book Rating : 4.1/5 (878 download)
Download or read book International Human Rights and Humanitarian Law written by Francisco Forrest Martin and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces law students to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. It also discusses the history and organizational structure of human rights and humanitarian law enforcement mechanisms. Relevant to U.S. audiences, a chapter is devoted to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions & Comments sections provide critical analyses of issues raised in the materials.
Author : Robert De Fremery
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)
Download or read book Rights Vs. Privileges written by Robert De Fremery and published by . This book was released on 1992 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
