The Legalization Of Human Rights
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Author | : Saladin Meckled-García |
Publisher | : Psychology Press |
Total Pages | : 230 |
Release | : 2006 |
Genre | : Human rights |
ISBN | : 9780415361231 |
"For the last 55 years human rights activism, and human rights studies, have placed huge emphasis on legal processes. This book is therefore timely in promoting a debate on the balance sheet of the legal implementation of the human rights ideal."--Jacket.
Author | : Henry (Chip) Carey |
Publisher | : Springer Nature |
Total Pages | : 308 |
Release | : 2023-01-01 |
Genre | : Law |
ISBN | : 3031171691 |
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Author | : Emilie M. Hafner-Burton |
Publisher | : Princeton University Press |
Total Pages | : 295 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 1400846285 |
In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.
Author | : David Kinley |
Publisher | : Edward Elgar Publishing |
Total Pages | : 275 |
Release | : 2013-11-29 |
Genre | : Political Science |
ISBN | : 1781002754 |
Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos
Author | : David Richards |
Publisher | : Rowman & Littlefield |
Total Pages | : 334 |
Release | : 1986 |
Genre | : Law |
ISBN | : 9780847675258 |
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Author | : Paul Sieghart |
Publisher | : Oxford University Press, USA |
Total Pages | : 280 |
Release | : 1985 |
Genre | : Language Arts & Disciplines |
ISBN | : |
Commentary on the international law of human rights - covers civil rights, economic and social rights, right to work, freedom of thought, cultural rights, freedom of association, etc; outlines the historical background; includes texts of treatys and judicial decisions. References.
Author | : Southern University Law Center |
Publisher | : |
Total Pages | : 179 |
Release | : 1995 |
Genre | : Human rights |
ISBN | : 9789783226036 |
Author | : Austin Sarat |
Publisher | : Cambridge University Press |
Total Pages | : 157 |
Release | : 2017-10-05 |
Genre | : Law |
ISBN | : 1107198305 |
Analysis of when, where, and how American law recognizes and responds to claims made in the name of human rights.
Author | : Hurst Hannum |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2019-02-14 |
Genre | : Law |
ISBN | : 1108417485 |
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author | : Tine Destrooper |
Publisher | : University of Pennsylvania Press |
Total Pages | : 296 |
Release | : 2018-11-09 |
Genre | : Political Science |
ISBN | : 0812250575 |
Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally—and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities. In Human Rights Transformation in Practice, editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing. Contributors: Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.