Rights in Context

Author: Reza Banakar
Publisher: Routledge
ISBN: 1317062949
Format: PDF
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This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.

Rights in Context

Author: Frances Cruickshank
Publisher:
ISBN:
Format: PDF, Mobi
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This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twentyfirst century. They explore how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the rights established by those who wish to recast the social and political order.

Normativity in Legal Sociology

Author: Reza Banakar
Publisher: Springer
ISBN: 3319096508
Format: PDF, ePub
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The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

Punishment Restorative Justice and the Morality of Law

Author: Erik Claes
Publisher: Intersentia nv
ISBN: 9050954235
Format: PDF, Mobi
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Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Audience Transformations

Author: Nico Carpentier
Publisher: Routledge
ISBN: 1134064470
Format: PDF, ePub
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The concept of the audience is changing. In the twenty-first century there are novel configurations of user practices and technological capabilities that are altering the way we understand and trust media organizations and representations, how we participate in society, and how we construct our social relations. This book embeds these transformations in a societal, cultural, technological, ideological, economic and historical context, avoiding a naive privileging of technology as the main societal driving force, but also avoiding the media-centric reduction of society to the audiences that are situated within. Audience Transformations provides a platform for a nuanced and careful analysis of the main changes in European communicational practices, and their social, cultural and technological affordances.

Justice

Author: Nicholas Wolterstorff
Publisher: Princeton University Press
ISBN: 9780691146300
Format: PDF, ePub, Docs
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Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.

Contexts of Justice

Author: Rainer Forst
Publisher: Univ of California Press
ISBN: 0520232259
Format: PDF, ePub, Mobi
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"Contexts of Justice is a study that covers and definitely exhausts the whole range of ten years of one of the most important recent philosophical discussions, that between liberals and communitarians."—Jürgen Habermas, author of Structural Transformation of the Public Sphere "Forst addresses with great insight and acuity the debates over justice between liberals and communitarians that animated the late '80s and '90s...He uses no jargon, he reasons well, his arguments are strong, clear, and accesssible, and he avoids political correctness as well as its opposite."—Andrew Arato, author of Civil Society, Constitution, and Legitimacy

The Postcolonial Subject

Author: Vivienne Jabri
Publisher: Routledge
ISBN: 1136281509
Format: PDF, Mobi
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This book places the lens on postcolonial agency and resistance in a social and geopolitical context that has witnessed great transformations in international politics. What does postcolonial politics mean in a late modern context of interventions that seek to govern postcolonial populations? Drawing on historic and contemporary articulations of agency and resistance and highlighting voices from the postcolonial world, the book explores the transition from colonial modernity to the late modern postcolonial era. It shows that at each moment wherein the claim to politics is made, the postcolonial subject comes face to face with global operations of power that seek to control and govern. As seen in the Middle East and elsewhere, these operations have variously drawn on war, policing, as well as pedagogical practices geared at governing the political aspirations of target societies. The book provides a conceptualisation of postcolonial political subjectivity, discusses moments of its emergence, and exposes the security agendas that seek to govern it. Engaging with political thought, from Hannah Arendt, to Frantz Fanon, Michel Foucault, and Edward Said, among other critical and postcolonial theorists, and drawing on art, literature, and film from the postcolonial world, this work will be of great interest to students and scholars of critical international relations, postcolonial theory, and political theory.

Crime and Social Change in Middle England

Author: Evi Girling
Publisher: Routledge
ISBN: 113467175X
Format: PDF, ePub
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Crime and Social Change in Middle England offers a new way of looking at contemporary debates on the fear of crime. Using observation, interviews and documentary analysis it traces the reactions of citizens of one very ordinary town to events, conflicts and controversies around such topical subjects of criminological investigation as youth, public order, drugs, policing and home security in their community. In doing so it moves in place from comfortable suburbs to hard pressed inner city estates, from the affluent to the impoverished, from old people watching the town where they grew up change around them to young in-comers who are part of that change. This is a book which will give all students of crime a rare and fascinating insight into how issues at the heart of contemporary law and order politics both nationally and internationally actually play out on the ground.

Indigenous Rights in Scandinavia

Author: Christina Allard
Publisher: Routledge
ISBN: 131711728X
Format: PDF, Mobi
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This book contributes to the international debate on Indigenous Peoples Law, containing both in-depth research of Scandinavian historical and legal contexts with respect to the Sami and demonstrating current stances in Sami Law research. In addition to chapters by well-known Scandinavian experts, the collection also comments on the legal situation in Norway, Sweden and Finland in relation to other jurisdictions and indigenous peoples, in particular with experiences and developments in Canada and New Zealand. The book displays the current research frontier among the Scandinavian countries, what the present-day issues are and how the nation states have responded so far to claims of Sami rights. The study sheds light on the contrasts between the three countries on the one hand, and between Scandinavia, Canada and New Zealand on the other, showing that although there are obvious differences, for instance related to colonisation and present legal solutions, there are also shared experiences among the indigenous peoples and the States. Filling a gap in an under-researched area of Sami rights, this book will be a valuable resource for academics, researchers and policy-makers with an interest in Indigenous Peoples Law and comparative research.