People Without Rights Routledge Revivals

Author: Andrew Fede
Publisher: Routledge
ISBN: 1136716106
Format: PDF, ePub, Mobi
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First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery’s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery’s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery’s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves’ owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters’ rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.

Routledge Revivals Encyclopedia of American Civil Liberties 2006

Author: Paul Finkelman
Publisher: Routledge
ISBN: 1351269704
Format: PDF, ePub
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Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Roadblocks to Freedom

Author: Andrew Fede
Publisher: Quid Pro Books
ISBN: 1610271092
Format: PDF, ePub
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This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all or some of their slaves. Slavery law also permitted people to win their freedom if they were held as slaves contrary to law. In this book, Fede provides a comprehensive view of how some enslaved litigants won their freedom in the courtand how many others, like Dred and Harriet Scott, did not because of the substantive and procedural barriers that both judges and legislators placed in the way of people held in slavery who sought their freedom in court. From the 17th century to the Civil War, Southern governments built roadblock after roadblock to the freedom sought by deserving enslaved people, even if this restricted the masters' rights to free their slaves or defied settled law. They increasingly prohibited all manumissions and added layers of procedure to those seeking freedomwhile eventually providing a streamlined process by which free blacks "voluntarily" enslaved themselves and their children. Drawing on his three decades of legal experience to take seriously the trial process and rules under which slave freedom cases were decided, Fede considers how slave owners, slaves, and lawyers caused legal change from the bottom up.

Can Human Rights Survive

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 131645052X
Format: PDF, ePub, Docs
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In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.

Sexuality Health and Human Rights

Author: Sonia Corrêa
Publisher: Routledge
ISBN: 1134266677
Format: PDF
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This new work surveys how rapid changes taking place at the start of the twenty-first century in social, cultural, political and economic domains impact on sexuality, health and human rights. The relationships between men, women and children are changing quickly, as are traditional family structures and gender norms. What were once viewed as private matters have become public, and an array of new social movements – transgender, intersex, sex worker, people living with HIV – have come into the open. The book is split into three sections: Global ‘Sex’ Wars – discusses the notion of sexualities, its political landscapes internationally, and the return of religious fervour and extremism Epistemological Challenges and Research Agendas – examines modern ‘scientific’ understandings of sexuality, its history and the way in which AIDS has drawn attention to sexuality The Promises and Limits of Sexual Rights – discusses human rights approaches to sexuality, their strengths and limitations and new ways of imagining erotic justice Offering a unique framework for understanding this new world, set in the context of the major theoretical debates of recent decades, this book will be of interest to professionals, advocates and policy researchers and is suitable for a wide range of courses covering areas such as gender studies, human sexuality, public health and social policy.

Black Looks

Author: bell hooks
Publisher: Routledge
ISBN: 1317588487
Format: PDF, ePub
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In the critical essays collected in Black Looks, bell hooks interrogates old narratives and argues for alternative ways to look at blackness, black subjectivity, and whiteness. Her focus is on spectatorship—in particular, the way blackness and black people are experienced in literature, music, television, and especially film—and her aim is to create a radical intervention into the way we talk about race and representation. As she describes: "the essays in Black Looks are meant to challenge and unsettle, to disrupt and subvert." As students, scholars, activists, intellectuals, and any other readers who have engaged with the book since its original release in 1992 can attest, that's exactly what these pieces do.

Plunder

Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 0470695803
Format: PDF
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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Abolition

Author: Seymour Drescher
Publisher: Cambridge University Press
ISBN: 1139482963
Format: PDF, Kindle
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In one form or another, slavery has existed throughout the world for millennia. It helped to change the world, and the world transformed the institution. In the 1450s, when Europeans from the small corner of the globe least enmeshed in the institution first interacted with peoples of other continents, they created, in the Americas, the most dynamic, productive, and exploitative system of coerced labor in human history. Three centuries later these same intercontinental actions produced a movement that successfully challenged the institution at the peak of its dynamism. Within another century a new surge of European expansion constructed Old World empires under the banner of antislavery. However, twentieth-century Europe itself was inundated by a new system of slavery, larger and more deadly than its earlier system of New World slavery. This book examines these dramatic expansions and contractions of the institution of slavery and the impact of violence, economics, and civil society in the ebb and flow of slavery and antislavery during the last five centuries.

Theories of the Policy Process

Author: Paul A. Sabatier
Publisher: Westview Press
ISBN: 0813349273
Format: PDF, Docs
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Theories of the Policy Process provides a forum for the experts in the most established and widely used theoretical frameworks in policy process research to present the basic propositions, empirical evidence, latest updates, and the promising future research opportunities of each framework. This well-regarded volume covers such enduring classics as Multiple Streams (Zahariadis et al.), Punctuated Equilibrium (Jones et al.), Advocacy Coalition Framework (Jenkins-Smith et al.), Institutional Analysis and Development Framework (Schlager and Cox), and Policy Diffusion (Berry and Berry), as well as two newer theories-Policy Feedback (Mettler and SoRelle) and Narrative Policy Framework (McBeth et al.). The fourth edition now includes a discussion of global and comparative perspectives in each theoretical chapter and a brand-new chapter that explores how these theories have been adapted for, and employed in, non-American and non-Western contexts. An expanded introduction and revised conclusion fully examines and contextualizes the history, trajectories and functions of public policy research. Since its first publication in 1999, Theories of the Policy Process has been, and remains, the quintessential gateway to the field of policy process research for students, scholars and practitioners.