The Promise of Human Rights

The Promise of Human Rights
Title The Promise of Human Rights PDF eBook
Author Jamie Mayerfeld
Publisher University of Pennsylvania Press
Pages 320
Release 2016-05-27
Genre Law
ISBN 0812248163

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Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

Human Rights Under African Constitutions

Human Rights Under African Constitutions
Title Human Rights Under African Constitutions PDF eBook
Author Abdullahi Ahmed An-Na'im
Publisher University of Pennsylvania Press
Pages 446
Release 2013-10-09
Genre Political Science
ISBN 0812201108

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Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.

The Promise of Human Rights

The Promise of Human Rights
Title The Promise of Human Rights PDF eBook
Author Jamie Mayerfeld
Publisher University of Pennsylvania Press
Pages 321
Release 2016-04-15
Genre Political Science
ISBN 0812292804

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International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.

The Lost Promise of Civil Rights

The Lost Promise of Civil Rights
Title The Lost Promise of Civil Rights PDF eBook
Author Risa L. Goluboff
Publisher Harvard University Press
Pages 385
Release 2009-01-01
Genre Law
ISBN 0674034694

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Listen to a short interview with Risa Goluboff Host: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.

The Endtimes of Human Rights

The Endtimes of Human Rights
Title The Endtimes of Human Rights PDF eBook
Author Stephen Hopgood
Publisher Cornell University Press
Pages 273
Release 2013-10-04
Genre Political Science
ISBN 0801469309

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"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

New Technologies for Human Rights Law and Practice

New Technologies for Human Rights Law and Practice
Title New Technologies for Human Rights Law and Practice PDF eBook
Author Molly K. Land
Publisher Cambridge University Press
Pages 333
Release 2018-04-19
Genre Political Science
ISBN 1316843874

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New technological innovations offer significant opportunities to promote and protect human rights. At the same time, they also pose undeniable risks. In some areas, they may even be changing what we mean by human rights. The fact that new technologies are often privately controlled raises further questions about accountability and transparency and the role of human rights in regulating these actors. This volume - edited by Molly K. Land and Jay D. Aronson - provides an essential roadmap for understanding the relationship between technology and human rights law and practice. It offers cutting-edge analysis and practical strategies in contexts as diverse as autonomous lethal weapons, climate change technology, the Internet and social media, and water meters. This title is also available as Open Access.

The Promise and Limits of Private Power

The Promise and Limits of Private Power
Title The Promise and Limits of Private Power PDF eBook
Author Richard M. Locke
Publisher Cambridge University Press
Pages 229
Release 2013-04-22
Genre Business & Economics
ISBN 1107031559

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This book examines and evaluates various private initiatives to enforce fair labor standards within global supply chains. Using unique data (internal audit reports, and access to more than 120 supply chain factories and 700 interviews in 14 countries) from several major global brands, including NIKE, HP, and the International Labor Organization's Factory Improvement Programme in Vietnam, this book examines both the promise and the limitations of different approaches to actually improve working conditions, wages, and working hours for the millions of workers employed in today's global supply chains. Through a careful, empirically grounded analysis of these programs, this book illustrates the mix of private and public regulation needed to address these complex issues in a global economy.