Law: Human rights and civil liberties Books

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Book SynopsisMigration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants.This book problematises the EU Area of Freedom, Security, and Justice as a home.' Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstruTable of Contents1. Introduction: Europe’s migration crisis, a ‘problem of government’ for the EU 2. Understanding EU migration law and policy: actorness, rights, and solidarity 3. Governmentality and domopolitics in theorising EU migration law and policy 4. The EU ‘home’: an Area of Freedom, Security, and Justice 5. The EU as a domopolitical rights actor in the migration crisis 6. The migrant as a subject in EU law: relationship to the EU qua home 7. Technologies of government and the migrant experience of EU rights 8. Human rights and the EU: a model to be emulated? 9. Conclusion: where next for the EU migration policy? Index

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Book SynopsisThis book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, interculTable of ContentsContentsPrefacePart I Fundamental Rights in the Light of their EvolutionChapter 1 Fundamental Rights: Amidst "Nature" and "History" . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 The universal notion of Human rights in light of theological and moral basis . . . . . . . . . . . . . . . . . . . .. 1.3 The rational conception of "natural rights" via an empirical basis . . . . . . . . . . . . . . . . . . . . . . . … 1.4 The socio-historical conception of rights and freedoms in contrast to "universal rights" . . . . . . . . . . . .. 1.5 The conception of freedom-based rights: from its declaration to its first constitutional enshrinement . . . 1.6 The conception of freedom-based rights: between nationalism and rigid legal positivism . . . . . . . . . . References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Fundamental Rights and Constitutional InterpretationChapter 2 Principles and Fundamental Rights as the Foundation of Constitutional Legal Orders. . . .2.1 Supremacy of Constitutions and the prevalence of the fundamental principles they portray. . . . . . . . . . . 2.2 Fundamental Rights and limits to the power of constitutional review: a comparison of experiences2.3 Subsequent elements to legal comparison. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4 Stability and the foundation of constitutional legal orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 New trends and the weakening of constitutional principles: global constitutionalism and societal constitutionalism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 3 Fundamental Rights and the Interpretative Evolution of Constitutional Principles. . . . . . 3.1 Values, principles and interpretative canons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 Evolutionary interpretation of the equality principle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3 Homo oeconomicus in a liquid society. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4 The Islamic veil and rational fundamentalism. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5 The application of the equality principle to foreigners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6. The constitutional principle on the value of labour and participation as fundamental social rights extended to Italian and foreign workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7 Towards a fundamental rights citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8 From a universal rights rhetoric towards an inter-cultural European citizenship . . . . . . . . . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Fundamental Rights in the Field of Intercultural Research. Between General Theory and Comparative Legal AnalysisChapter 4 Fundamental rights in between cultural relativism and comparative legal analysis 4.1 Pluralist principle and cultural relativism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 Looking East. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.3 Looking to the African continent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4 Looking to Latin American countries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 The dual nature of the dignity-rights relationship: some examples . . . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5 The Law and Constitutions as a Historical and Cultural Praxis. . . . 5.1 Towards an "impure" notion of the Law. Beyond theoretical and methodological positivism. . . . . . . . 5.2 Meaning and functions of the notion of "cross-cultural constitutionalism". . . .References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Index

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Book SynopsisThe field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights.Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further reseaTrade Review"In a world besieged by pollution, climate change, and declining biodiversity, it is vital to assess whether human rights can help address these challenges. This comprehensive new book by leading experts Sumudu Atapattu and Andrea Schapper offers a clear and timely assessment." -- David Boyd, UN Special Rapporteur on Human Rights and Environment & Associate Professor, Law, Policy, and Sustainability, University of British Columbia, Canada"Environmental degradation and human rights violations are intrinsically intertwined. In this textbook, leading experts Sumudu Atapattu and Andrea Schapper discuss their relationship comprehensively." -- Judge Navanethem Pillay, Former UN High Commissioner for Human Rights"This clear, accessible, student-friendly and comprehensive treatment of human rights and the environment is both timely and welcome. The book addresses, with expertise and clarity, the foundational aspects of the field, offering students a solid understanding of its key institutional and conceptual characteristics. The book also introduces students to important critical themes and provides helpful questions for reflection and discussion. This textbook is likely to prove a most valuable resource for anyone teaching or studying the increasingly important nexus between human rights and the environment." -- Anna Grear, Professor of Law and Theory, School of Law and Politics, Cardiff University, UK"Climate change and environmental destruction are the biggest threats to all species living on the globe. Combined they constitute the worst global and intergenerational injustice. This textbook contributes an exceptional insight to what law brings to addressing the injustices as well as the limitations of the legal regime. In a pedagogical and highly sophisticated manner, the authors combine human rights and environmental justice framed by the UN Sustainable Development Goals. This textbook is not only important to stimulate curiosity and critical reflection for students, it will also be highly inspiring reading for all to whom the survival of the earth is a major concern." -- Morten Kjaerum, Director, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Sweden"In 2012, the current United Nations Special Rapporteur on Human Rights and the Environment, David Boyd, suggested we are witnessing an "environmental rights revolution". In their new book, Professors Sumudu Atapattu and Andrea Schapper, both prominent scholars in the areas of environmental justice, sustainable development and environmental law, make a timely and important contribution to this "revolution". They provide: a comprehensive survey that frames the issues surrounding human rights and environmental protection; a historical perspective on the emergence of environmental human rights; the advantages and disadvantages associated with the rights-based approach; and a description of regional developments. The book also usefully focuses on specific human rights that are critical for environmental protection, while it discusses climate change and human rights and emerging, but critically important, issues that remain at the periphery of State concern, such as rights of nature and the extraterritorial application of environmental rights." Louis J. Kotzé, Research Professor, North-West University, South Africa"Atapattu and Schapper rigorously dissect the recognition of environmental rights across legal systems and jurisdictions. Focusing on the positive force for good of environmental rights as well as the inherent limitations of the environmental rights agenda, this book is an indispensable resource for students and scholars of this emerging legal phenomenon." -- Ole W Pedersen, Reader in Environmental Law, Newcastle Law School, UK"As the thematic boundaries of the environmental rights landscape continues to expand, the need for a comprehensive exploration of the topic is ever more needed. The authors masterfully situate cutting-edge normative developments within a solid conceptual framework that illuminates the interaction of human rights and the environment." -- Marcos Orellana, Director, Environment and Human Rights Division Human Rights Watch and Adjunct Associate Professor, George Washington University School of Law, USA"In this book, Atapattu and Schapper provide an insightful, interdisciplinary introduction to this new and growing field. The text provides an excellent blend of theory and practice—engaging students in the conceptual, doctrinal, socio-political and practical challenges of using human rights law for environmental protection and sustainable development. The case study on climate change is an effective approach that focusses the student on the details of the most complex and critical environmental challenge. The relationship between climate change and human rights is important enough to warrant this attention in its own right. The case study also allows students to gain a deeper appreciation of the complexities of a rights-based approach to environmental protection than would a text that surveys all environmental issues." -- David Hunter, Professor of Law, American University Washington College of Law, USATable of ContentsPart I: Introduction and Evolution 1. Human Rights and Environmental Protection: Framing the Issues 2. Emergence of a Human Right to a Healthy Environment 3. Pros and Cons of a Human Rights-Based Approach to Environmental Protection 4. Regional Developments Part II: Human Rights of special relevance to Environmental Protection 5. Substantive Right 6. Procedural Right 7. Constitutional Developments 8. Selected National Cases Part III: Climate Change and Human Rights 8. From UNFCCC to Paris Agreement: A Human Rights Assessment 9. From UNFCCC to Paris Agreement: A Human Rights Assessment 10. Social Movements and Civil Society 11. Vulnerability and Climate Change 12. Mitigation, Adaptation, and Loss and Damage Part IV: Emerging issues related to environmental rights 13. Extraterritorial Application of Environmental Rights 14. Business, Human Rights and the Environment 15. Intergenerational Rights, Animal rights, and the rights of Nature and Ecosystems 16. Human Rights and Environment: Square Pegs in Round Holes?

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Book SynopsisBy focusing on specific instances of assertions or violations of human rights during the past century, this volume analyzes the place of human rights in the various arenas of global politics, providing an alternative framework for understanding the political and legal dilemmas that emerged from these conflicts.Trade Review'Human Rights in the Twentieth Century is a landmark in a field of supreme importance. It is enlightening and therefore disenchanting in the most constructive sense. It brings together a fine group of scholars, mainly historians, to provide historical perspective on a topic that is sorely lacking it and shows the contingency of the deployment of human rights as a political language, the varied roots of that language, and the diversity of objects that it can address.' Donald Bloxham, University of Edinburgh'This is an outstanding collection of essays on various aspects of human rights history in the twentieth century. The essays cover a wide range topically - from the intellectual linealogy of the human rights concept to its relationship to states in specific circumstances - chronologically and geographically and are of uniformly high quality. They make exciting reading and together contribute enormously to helping understand one of the most vital and important - but hitherto insufficiently studied - developments in recent history.' Akira Iriye, Harvard University'This is an impressive collection on a timely and important topic. Its strengths are considerable, including both stimulating synthetic 'think-pieces' on the changing meanings of 'human rights' and archivally based studies of how, and with what results, 'rights-talk' was mobilized by different groups and in different situations.' Susan Pedersen, Columbia University'At long last we have a book that takes a critical approach to the history of human rights. Stefan-Ludwig Hoffmann has put together a stellar cast of historians whose topics range widely around the globe. His own introduction raises the scholarship on human rights to a new level. This is the book that scholars and practitioners will need to read and debate.' Eric D. Weitz, University of Minnesota'This volume makes an invaluable contribution to the study of human rights by treating them historically, foregoing familiar triumphalist narratives about steady progress in favour of detailed examinations of the contingent usage of human rights as political language and instrument.' Johannes Paulmann, History Workshop JournalTable of ContentsIntroduction Stefan-Ludwig Hoffmann; Part I. The Emergence of Human Rights Regimes: 1. The end of civilization and the rise of human rights: the mid-20th century disjuncture Mark Mazower; 2. The 'human rights revolution' at work: displaced persons in post-war Europe G. Daniel Cohen; 3. Legal diplomacy: law, politics, and the genesis of postwar European human rights Mikael Rask Madsen; Part II. Postwar Universalism and Legal Theory: 4. Personalism, community, and the origins of human rights Samuel Moyn; 5. René Cassin: les droit de l'homme and the universality of human rights, 1945–66 Glenda Sluga; 6. Rudolf Laun and the human rights of Germans in occupied and early West Germany Lora Wildenthal; Part III. Human Rights, State Socialism, and Dissent: 7. Embracing and contesting: the Soviet Union and the Universal Declaration of Human Rights, 1948–58 Jennifer Amos; 8. Soviet rights-talk in the post-Stalin era Benjamin Nathans; 9. Charter 77 and the Roma: human rights and dissent in socialist Czechoslovakia Celia Donert; Part IV. Genocide, Humanitarianism, and the Limits of Law: 10. Toward world law? Human rights and the failure of the legalist paradigm of war Devin O. Pendas; 11. 'Source of embarrassment': human rights, state of emergency, and the wars of decolonization Fabian Klose; 12. The United Nations, humanitarianism and human rights: war crimes/genocide trials for Pakistani soldiers in Bangladesh, 1971–4 A. Dirk Moses; Part V. Human Rights, Sovereignty, and the Global Condition: 13. African nationalists and human rights, 1940s to 1970s Andreas Eckert; 14. The International Labour Organization and the globalization of rights, 1944–70 Daniel Roger Maul; 15. 'Under a magnifying glass': the international human rights campaign against Chile in the 1970s Jan Eckel.

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Book SynopsisThis textbook explains how fundamental rights are protected by the European Convention on Human Rights, EU law (including the EU Charter) and international treaty instruments. It includes discussions of both civil/political rights (eg the freedom of expression) and social/economic rights (eg the right to health, the right to social security).Table of Contents1. The right to equal treatment and the prohibition of discrimination Janneke Gerards; 2. Political rights: the rights to vote and to petition Hansko Broeksteeg; 3. The right to freedom of conscience, thought, belief and religion Janneke Gerards; 4. The right to freedom of expression and of information Janneke Gerards; 5. The right to freedom of association, assembly and demonstration Janneke Gerards and Hansko Broeksteeg; 6. The right to respect for private life and related rights Karin de Vries; 7. The right to protection of personal data Friederike van der Jagt; 8. The right to respect for family life and the right to marry Mariëlle Bruning; 9. The right to liberty and the principle of habeas corpus Jan Crijns; 10. Procedural rights Tom Barkhuysen and Michiel van Emmerik; 11. The right to life and the prohibition of the death penalty Janneke Gerards; 12. The prohibition of torture and inhuman and degrading treatment Jan Peter Loof; 13. The prohibition of slavery, servitude and forced labour Barend Barentsen; 14. The right to property Tom Barkhuysen and Michiel van Emmerik; 15. The right to education Janneke Gerards; 16. The right to freedom of movement and the right to leave the country Janneke Gerards; 17. The right to collective action Barend Barentsen; 18. The right to social assistance and social security Barend Barentsen; 19. The right to health Janneke Gerards; 20. The right to environmental protection and sustainable development Janneke Gerards; 21. The rights of vulnerable persons Aart Hendriks.

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Book SynopsisNadera Shalhoub-Kevorkian offers new insights into the everyday production of security, surveillance and its industry of fear in settler colonial contexts by building on the voices of those living in one of the world's longest-standing conflict zones: Israel/Palestine.Table of Contents1. Introduction: settler colonialism, the politics of fear and the security theology; 2. Price tagging Palestinians: alternative methods of surveillance and control; 3. Israel in the bedroom: citizenship and entry law; 4. Hunted homeplaces; 5. Death and colonialism: the sacred and the profane; 6. Birth in Jerusalem; 7. Conclusion: newborns, new deaths and the 'gravediggers'.

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Book SynopsisIn a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America's greatest constitutional crisis.Trade Review'In this provocative book, Justin Buckley Dyer makes a case for the US Constitution's natural law foundations. He does not divine the Constitution's meaning from the intent of the Founders or the understanding of the ratifiers, however. Rather, he argues that natural law informed constitutional thinking and that abolitionists who deployed natural law concepts in their subsequent reading of the Constitution were substantially right.' H. Robert Baker, The Journal of American History'Justin Buckley Dyer's heart seems to lie in theory, though his strongest contributions are historical … Dyer's first book is a worthwhile rejoinder to the prevailing trend of histories depicting the Constitution as neutral-at-best on slavery.' Aaron Keck, Political Theory'Justin Buckley Dyer does a wonderful job highlighting how the Declaration of Independence in particular and natural law principles more generally inspired the antislavery movement in the United States. Natural Law and the Antislavery Constitutional Tradition boldly defends the Lincolnian proposition that 'the Constitution drew aspirational content from the [natural law] principles in the opening lines of the Declaration of Independence, 'and is the best extant account for how prominent antislavery activists employed those principles in their effort to place slavery on 'the course of ultimate extinction'. … The chapters on John Quincy Adams and Justice John McLean are particularly worth the price of admission.' Mark A. Graber, Tulsa Law Review'If the purpose of Dyer's book is to serve as a resource on the foundations and meanings of American antislavery constitutional rhetoric, then this is a fine contribution to the literature. It makes compelling links between past thought and more recent legal philosophers. In particular, it sheds clear light on the natural-law thinking of celebrated judges and statesmen, like Mansfield, Adams, and Lincoln.' Dominic DeBrincat, H-Net ReviewsTable of Contents1. Prologue: slavery and the laws and rights of nature; 2. Introduction: the apple of gold; 3. Somerset and the antislavery constitutional tradition; 4. Constitutional disharmony in The Antelope and La Amistad; 5. Constitutional construction in Prigg and Dred Scott; 6. Natural law, providence, and Lincoln's constitutional statesmanship; 7. Public reason and the wrong of slavery; 8. Conclusion: the heritage of the antislavery constitutional tradition.

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Book SynopsisThis book provides a comprehensive account of how child development and the right to development of children have been understood in international children''s rights law. It argues that any conceptions of childhood focussed either on children''s future as adults, or on children''s lives in the present, overlook the hybridity of children''s lived experiences. The book therefore suggests a new conception of childhood - namely, ''hybrid childhood'' - which accommodates respect for children''s agency and human dignity in the present, in the process of growth, and in the outcomes of this process when the child becomes an adult. Consequently, and building on the capability approach''s idea of human development, the book presents a radical new interpretation of the child''s right to development under the UN Convention on the Rights of the Child. It offers a comprehensive interpretation of the right to development, which is one of the four guiding principles of the Convention.Trade Review'The Child's Right to Development is an extremely welcome addition to the field of children's rights scholarship. The right to development is fundamental to understanding the Convention on the Rights of the Child but has, to date, been neglected completely in research and scholarship. Dr Peleg's detailed and thoughtful legal analysis situates the right within wider childhood theory and child development practice. This scholarly critique is a must read for every children's rights academic or student.' Laura Lundy, Co-Editor in Chief International Journal of Children's Rights; Co-Director, Centre for Children's Rights, Queen's University Belfast'Focusing on the crucial issue of the child's right to development under the UN Convention on the Rights of the Child - a historically under-researched and marginalised topic - Peleg's book is a key contribution to our understanding of children, development and rights. In providing a much-needed justification and critical account of this right, Peleg outlines a highly original and inter-disciplinary conception of development, thereby pushing the boundaries of human rights scholarship.' Aoife Nolan, University of Nottingham and Member, Council of Europe European Committee of Social Rights'There is a serious deficit both in conceptualisation, and understanding of the child's right to development, as well as its synergy with other rights. The intellectual rigour with which these issues are argued in this book makes it an important and accessible resource to a diverse group of professionals that are working towards the creation of a world that is fit for children.' Benyam Dawit Mezmur, University of the Western Cape, South Africa and former Chairperson of the UN Committee on the Rights of the Child and of the African Committee of Experts on the Rights and Welfare of the Child'The Child's Right to Development makes a remarkable contribution to the field of children's rights and legal scholarship. This monograph is rich, both in terms of its theoretical foundation and conceptual depth. Strengthened by Peleg's considerable archival analysis, it presents an innovative cross-disciplinary understanding of child development that leads to a more 'concrete interpretation of the child's right to development'. This monograph deserves a wide readership and has clear international appeal.' Dr Faith Gordon, Australian Journal of Human Rights'The book offers a new conception of 'hybrid' childhood in which two existing interpretations - one focused on children's future as adults, the other on their present situation as children, which come together to combine children's right to dignity and agency with their right to development as a process of growth. Drawing on the paradigm of capability, it also suggests a new reading of the right to development as one of the four guiding principles of the CRC.' Urszula Markowska-Manista, Journal of Social Welfare and Family Law'The Child's Right to Development makes a significant contribution not only to legal studies and international human rights law but to conceptual advancements in the field of childhood studies … Peleg builds on key principles of childhood studies such as agency, participation, recognition and intersectionality to argue that there is no right way for a child to develop. The real contribution of the monograph lies in applying these important principles to broaden the scope of the CRC 'in order to create a coherent and meaningful interpretation of the right to development' [(p. 13)], which respects children's agency and the heterogeneity of childhood.' Antonia Canosa, Global Studies of Childhood'The Child's Right to Development is remarkable, not only for its intellectual rigour and depth of analysis, but also the innovation it brings to the issues. The breadth of Peleg's research makes it a welcomed resource for child rights academics, practitioners, students – and indeed anyone interested in the field of child rights law. Presented in accessible and lucid prose, Peleg engages his readers, critically challenging our perceptions of children, childhood, and the journey into adulthood. He leaves us with an appreciation that, '[g]rowing up is something that children do, but it is not the only thing that they do, nor can it be the only thing that defines them: children participate in giving meaning to the complexity of their own childhood, which is not limited to the question of their future' (192).' Sheila Varadan, International Journal of Law, Policy and the Family'This work … is useful for those practitioners working to uphold the rights of children either in government or in the non-governmental and civil society sectors … Peleg's work is a reminder that as human rights practitioners and educators we must continue to build a child-centred pedagogy, one which intentionally strives to amplify the voices of the young rather than regarding what they say as an afterthought. Undoubtedly, this requires work, but it is how we truly reimagine spaces that uphold child rights and child agency.' Marissa A. Gutierrez-Vicario, Human Rights Education ReviewTable of ContentsIntroduction; 1. Embedding the protection of 'child development' into international children's rights law; 2. Creating the right to development of children; 3. The UN Committee on the Rights of the Child's interpretation of the right to development; 4. Exploring the meanings of human and child development; 5. A new framework for analysing the child's right to development; Conclusion.

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Book SynopsisThis collection of original essays, from both established scholars and newcomers, takes up the challenge that disability poses to basic questions of political philosophy and bioethics, among others, by focusing on fundamental issues as well as practical implications of the relationship between disability and the good human life.Table of Contents1. Moral worth and severe intellectual disability - a hybrid view Simo Vehmas and Ben Curtis; 2. 'Something else?' - cognitive disability and the human form of life Barbara Schmitz; 3. Disability (not) as a harmful condition: the received view challenged Thomas Schramme; 4. Nasty, brutish and short? On the predicament of disability and embodiment Tom Shakespeare; 5. Recognizing disability Halvor Hanish; 6. Understanding the relationship between disability and well-being David Wasserman and Adrienne Asch; 7. Disability and the wellbeing agenda Jerome Bickenbach; 8. Disability and quality of life: an Aristotelian discussion Hans S. Reinders; 9. Living a good life…in adult-size diapers Anna Stubblefield; 10. Ill, but well: a phenomenology of wellbeing in chronic illness Havi Carel; 11. Natural diversity and justice for people with disabilities Christopher A. Riddle; 12. Inclusion and the good human life Franziska Felder.

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Book SynopsisThis book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, it shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism.Trade Review'In tracing an idea from the earliest times to the twenty-first century, Richards is pushing back against the scholarship on both imperialism and the history of sexuality that argues that causal connections over such a long period can be superficial … It is a strength of Richards' work that he weaves together insights from a range of disciplines, cultures, and historic periods in a way relevant to contemporary political struggles. This is an important argument that deserves widespread consideration.' Charles Upchurch, Law and History ReviewTable of Contents1. Patriarchy and democracy; 2. Imperialism and patriarchy; 3. The rise of gay rights; 4. The fall of empire; 5. Gay rights in former British colonies: legacy of empire?; 6. Gay rights as universal human rights.

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Book SynopsisFor all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on ''carceral animal law'' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Trade Review'A groundbreaking call to conscience. Marceau firmly positions animal advocacy alongside broader struggles for social justice, and speaks to our shared values. This is the future of animal law.' Will Potter, author of Green is the New Red: An Insider's Account of a Social Movement Under Siege'Beyond Cages challenges the animal protection movement to critically examine its historical reliance on criminal law. Marceau rightly claims that the movement is ready for this internal critique, and he draws upon his expertise in animal law and criminal law to deliver it with great eloquence and persuasion. The animal protection movement will not - and indeed should not - be the same as a result of Beyond Cages.' Kristen Stilt, Harvard Law School'In this bold book, Marceau critiques the abject alliance between US animal rights organizations and the criminal justice system, and calls out the moral and political hypocrisy of celebrating racialized imprisonment, deportation, and privatized prosecutions as strategies of progressive social change. I hope Beyond Cages augurs a wholesale rejection of simplistic scapegoating in favor of alternative strategies inspired by more thoughtful illuminations of our collective complicity in deeply interconnected structures of oppression.' Timothy Pachirat, author of Every Twelve Seconds: Industrialized Slaughter and the Politics of Sight'Arguments that cruelty to nonhuman animals render humans cruel to each other date back to at least the eighteenth century. In this groundbreaking book, Justin Marceau explains how the criminalization of animal cruelty - often justified by the link between the human propensity to harm others humans if they are violent to nonhuman animals - has been a mistaken focus for the animal law movement. A law-and order approach, what Marceau calls 'Carceral Animal Law', does not fit with a civil rights movement for nonhuman animals. This is a very important intervention, working with what is often treated as common sense and breaking it down by asking the hard questions that need to be put about what is appropriate, effective, and humane when dealing with those who harm or abuse nonhuman animals. Beyond Cages is a must read for anyone interested in animal law, criminal law, and the (at times errant) logic of social justice movements past and present.' Angela Fernandez, University of TorontoTable of Contents1. Introduction; 2. Incarcerating humans as a salient feature of animal protection; 3. Context: an overview of the mass criminalization problem; 4. A descriptive account and typology of the carceral animal law system; 5. Specific critiques of the carceral turn in animal protection; 6. Race, mass-criminalization and animal law; 7. Punishment and the 'Link' between animal abuse and human violence; 8. Anticipating challenges to the critique of carceral animal law; 9. Conclusion: towards a new research and advocacy agenda for animal protection.

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Book SynopsisThe principle of proportionality has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide. This book provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing.Table of Contents1. Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights.

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Book SynopsisThis book explores the role that a treaty could play in enhancing corporate accountability for human rights violations and considers the context and content surrounding the current treaty initiative. It will appeal to those interested in corporate social responsibility and advocacy in the business and human rights areas.Table of ContentsIntroduction: putting flesh on the bone: what should a business and human rights treaty look like? David Bilchitz; Part I. Need for an International Treaty in a Historical Context: 1. Lessons from the UN Centre on transnational corporations for the current treaty initiative Khalil Hamdani and Lorraine Ruffing; 2. The value-added of a treaty to regulate transnational corporations and other business enterprises: moving forward strategically Penelope Simons; 3. Coherence, mutual assurance the rationale for a treaty Sheldon Leader; Part II. Principles and Politics Shaping the Treaty's Contours: 4. Principle and pragmatism in the elaboration of a comprehensive treaty on business and human rights Larry Catá Backer; 5. The need for a treaty: expectations on counter-hegemony and the role of civil society Daniel Maurício de Aragão and Manoela Carneiro Roland; 6. Scope of the proposed business and human rights treaty: navigating through normativity, law and politics Surya Deva; Part III. Nature and Extent of Corporate Human Rights Obligations: 7. Corporate obligations and a treaty on business and human rights: a constitutional law model? David Bilchitz; 8. Human rights, responsibilities, and due diligence: key issues for a treaty Robert McCorquodale and Lise Smit; 9. Human rights and global supply chains: is effective supply chain accountability possible? Justine Nolan; 10. Legalizing human rights due diligence and the separation of entities principle Radu Mares; Part IV. Role of States in Enforcing Human Rights Obligations: 11. Human rights legal liability for business enterprises: the role of an international treaty Carlos Lopez; 12. Regulatory obligations in a complex world: States' extraterritorial obligations related to business and human rights Sigrun Skogly; 13. The impact of a business and human rights treaty on investment law and arbitration Peter Muchlinski; Part V. Improving Access to Remedies for Victims: 14. Access to remedy: treaty talk and the terms of a new accountability accord Erika George and Lisa J. Laplante; 15. Making remedies work: envisioning a treaty-based system of effective remedies Beth Stephens; 16. The potential role of criminal law in a business and human rights treaty Shane Darcy; Conclusion: connecting the dots: how to capitalise on the current high tide for a business and human rights treaty Surya Deva.

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Book SynopsisA Los Angeles Times Best Book of 2015 Roberta Kaplan’s gripping story of her defeat of the Defense of Marriage Act (DOMA) before the Supreme Court.Trade Review"United States v. Windsor was a landmark ruling, and the case’s architect, Roberta Kaplan, emerged as a true American hero. Then Comes Marriage is a riveting account of a watershed moment in our history, and the strategy, ingenuity, and humanity that made it happen." -- President Bill Clinton"I thought I knew the Windsor case chapter-and-verse. As if! Then Comes Marriage will forever change the understanding of this landmark case—its genesis, its outside-the-box strategy, and its tactical brilliance. This is the can’t-put-down, emotional, funny, essential explanatory text that makes sense of Windsor, not just as law but as life." -- Rachel Maddow, television host"Roberta Kaplan makes questions of constitutionality and the intricacies of legal strategy read like a John Grisham thriller. Then Comes Marriage explains how we arrived at this surprising moment in history, but it’s also a testament to the persuasive, transformative power of a good story." -- Alison Bechdel, author of Dykes to Watch Out For and Fun Home"A fast-paced, engaging account…. Kaplan breaks down the legal and procedural issues for nonlawyers and preserves suspense even where we know the outcome." -- Jeffrey S. Trachtman - Huffington Post"[A] scintillating read…. [Kaplan and Dickey] weave a fascinating narrative that gives the reader an insight into one of the Supreme Court’s most provocative cases…. This book deserves a place on everyone’s shelf." -- Joan M. Burda - New York Journal of Books"Compelling…. Kaplan deftly uses [Thea Spyer and Edie Windsor’s] story as a lens through which to consider a broader set of inequities, less about marriage than common human decency…. [A] deeply moving book." -- David Ulin - Los Angeles Times"Along with detailing her legal strategy in the lower courts, Kaplan weaves her own coming-out story and her personal relationship into the story of her clients Edie Windsor and Thea Spyer…provid[ing] a revealing juxtaposition of how two very different generations of lesbians wrestled with the social attitudes of their times. It’s a timely, well-told story, brimming with observations about the importance of family…. Kaplan’s rallying cry, ‘It’s all about Edie, stupid,’ keeps the stories of two remarkable women at the center of this historic legal and human drama." -- Publishers Weekly, Starred review"This book tells all. Two great love stories (Robbie and Rachel, Thea and Edie), the trial, and all the internal struggles. It was so interesting and well-written that I could not stop reading it." -- Robin Tyler - The Advocate"[A] page-turning, powerful new book." -- Michelangelo Signorile

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Book SynopsisNEW YORK TIMES EDITORS’ CHOICE • A shocking, groundbreaking oral history of the infamous Rikers jail complex and an unflinching portrait of injustice and resilience told by the people whose lives have been forever altered by it “This mesmerizing and gut-wrenching book shows the brutal realities that tens of thousands of people have been forced to navigate, and survive, in America’s most notorious jail.”—Piper Kerman, New York Times bestselling author of Orange is the New BlackWhat happens when you pack almost a dozen jails, bulging at the seams with society’s cast-offs, onto a spit of landfill purposefully hidden from public view? Prize-winning journalists Graham Rayman and Reuven Blau have spent two years interviewing more than 130 people comprising a broad cross section of lives touched by New York City''s Rikers Island prison complex—from incarcerated people and their relati

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