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Making Human Rights Intelligible PDF Author: Mikael Rask Madsen
Publisher: Bloomsbury Publishing
ISBN: 178225109X
Category : Law
Languages : en
Pages : 320

Book Description
Human rights have become a defining feature of contemporary society, permeating public discourse on politics, law and culture. But why did human rights emerge as a key social force in our time and what is the relationship between rights and the structures of both national and international society? By highlighting the institutional and socio-cultural context of human rights, this timely and thought-provoking collection provides illuminating insights into the emergence and contemporary societal significance of human rights. Drawn from both sides of the Atlantic and adhering to refreshingly different theoretical orientations, the contributors to this volume show how sociology can develop our understanding of human rights and how the emergence of human rights relates to classical sociological questions such as social change, modernisation or state formation. Making Human Rights Intelligible provides an important sociological account of the development of international human rights. It will be of interest to human rights scholars and sociologists of law and anyone wishing to deepen their understanding of one of the most significant issues of our time.

Making Human Rights Intelligible

Making Human Rights Intelligible PDF Author: Mikael Rask Madsen
Publisher: Bloomsbury Publishing
ISBN: 178225109X
Category : Law
Languages : en
Pages : 320

Book Description
Human rights have become a defining feature of contemporary society, permeating public discourse on politics, law and culture. But why did human rights emerge as a key social force in our time and what is the relationship between rights and the structures of both national and international society? By highlighting the institutional and socio-cultural context of human rights, this timely and thought-provoking collection provides illuminating insights into the emergence and contemporary societal significance of human rights. Drawn from both sides of the Atlantic and adhering to refreshingly different theoretical orientations, the contributors to this volume show how sociology can develop our understanding of human rights and how the emergence of human rights relates to classical sociological questions such as social change, modernisation or state formation. Making Human Rights Intelligible provides an important sociological account of the development of international human rights. It will be of interest to human rights scholars and sociologists of law and anyone wishing to deepen their understanding of one of the most significant issues of our time.

Debating Rights Inflation in Canada

Debating Rights Inflation in Canada PDF Author: Dominique Clément
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1771122765
Category : Political Science
Languages : en
Pages : 200

Book Description
Human rights has become the dominant vernacular for framing social problems around the world. In this book, Dominique Clément presents a paradox in politics, law, and social practice: he argues that whereas framing grievances as human rights violations has become an effective strategy, the increasing appropriation of rights-talk to frame any and all grievances undermines attempts to address systemic social problems. His argument is followed by commentator response from several leading human rights scholars and practitioners in Canada and abroad who bridge the divide between academia, public policy, and practice.

Human Rights as Political Imaginary

Human Rights as Political Imaginary PDF Author: José Julián López
Publisher: Springer
ISBN: 3319742744
Category : Political Science
Languages : en
Pages : 475

Book Description
In this book, López proposes the ‘political imaginary’ model as a tool to better understand what human rights are in practice, and what they might, or might not, be able to achieve. Human rights are conceptualised as assemblages of relatively stable, but not unchanging, historically situated, and socially embedded practices. Drawing on an emerging iconoclastic historiography of human rights, the author provides a sympathetic yet critical overview of the field of the sociology of human rights. The book addresses debates regarding sociology’s relationships to human rights, the strengths and limits of the notion of practice, human rights’ affinity to postnational citizenship and cosmopolitism, and human rights’ curious, yet fateful, entanglement with the law. Human Rights as Political Imaginary will be of interest to students and scholars across a range of disciplines, including sociology, politics, international relations and criminology.

Lethal Force, the Right to Life and the ECHR

Lethal Force, the Right to Life and the ECHR PDF Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1509929533
Category : Law
Languages : en
Pages : 208

Book Description
In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.

Law and the Formation of Modern Europe

Law and the Formation of Modern Europe PDF Author: Mikael Rask Madsen
Publisher: Cambridge University Press
ISBN: 1107044057
Category : History
Languages : en
Pages : 381

Book Description
Presents a series of distinct sociological inquiries into the formation of contemporary European law and society.

International Political Sociology

International Political Sociology PDF Author: Tugba Basaran
Publisher: Routledge
ISBN: 1317435907
Category : Political Science
Languages : en
Pages : 310

Book Description
This book presents an overview and evaluation of contemporary research in international political sociology (IPS). Bringing together leading scholars from many disciplines and diverse geographical backgrounds, it provides unprecedented coverage of the key concepts and research through which IPS has opened up new ways of thinking about international relations. It also considers some of the consequences of such innovations for established forms of social and political analysis. It thus takes the reader on an intellectual journey engaging with questions about boundaries and limits among the many interrelated worlds in which we now live, the ways we conceptualise them, and how we continually reshape boundaries of identities, spaces, authorities and disciplinary knowledge. The volume is organized three sections: Lines, Intersections and Directions. The first section examines some influences that led to the formation of the project of IPS and how it has opened up avenues of research beyond the limits of an international relations discipline shaped within political science. The second section explores some key concepts as well as a series of heated discussions about power and authority, practices and governmentality, performativity and reflexivity. The third section explores some of the transversal topics of research that have been pursued within IPS, including inequality, migration, citizenship, the effect of technology on practices of security, the role of experts and expertise, date-driven surveillance, and the relation between mobility, power and inequality. This book will be an essential source of reference for students and across the social sciences.

Human Rights in Canada

Human Rights in Canada PDF Author: Dominique Clément
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1771121645
Category : History
Languages : en
Pages : 233

Book Description
This book shows how human rights became the primary language for social change in Canada and how a single decade became the locus for that emergence. The author argues that the 1970s was a critical moment in human rights history—one that transformed political culture, social movements, law, and foreign policy. Human Rights in Canada is one of the first sociological studies of human rights in Canada. It explains that human rights are a distinct social practice, and it documents those social conditions that made human rights significant at a particular historical moment. A central theme in this book is that human rights derive from society rather than abstract legal principles. Therefore, we can identify the boundaries and limits of Canada’s rights culture at different moments in our history. Until the 1970s, Canadians framed their grievances with reference to Christianity or British justice rather than human rights. A historical sociological approach to human rights reveals how rights are historically contingent, and how new rights claims are built upon past claims. This book explores governments’ tendency to suppress rights in periods of perceived emergency; how Canada’s rights culture was shaped by state formation; how social movements have advanced new rights claims; the changing discourse of rights in debates surrounding the constitution; how the international human rights movement shaped domestic politics and foreign policy; and much more. In addition to drawing on secondary literature in law, history, sociology, and political science, this study looked to published government documents, litigation and case law, archival research, newspapers, opinion polls, and materials produced by non-governmental organizations.

The Limits of the Legal Complex

The Limits of the Legal Complex PDF Author: Malcolm Feeley
Publisher: Oxford University Press
ISBN: 0192848410
Category : Law
Languages : en
Pages : 305

Book Description
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

Rethinking Human Rights and Global Constitutionalism

Rethinking Human Rights and Global Constitutionalism PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1107122023
Category : Law
Languages : en
Pages : 181

Book Description
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.

Social Systems Theory and Judicial Review

Social Systems Theory and Judicial Review PDF Author: Katayoun Baghai
Publisher: Routledge
ISBN: 1317053478
Category : Law
Languages : en
Pages : 192

Book Description
This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.