The Debate on Black Civil Rights in America
In: Issues in Historiography
In: Issues in Historiography
In: 124 Colum. L. Rev. 123 (2024)
SSRN
In: The review of politics, S. 1-25
ISSN: 1748-6858
Abstract
Liberal views of civil disobedience that emerged in the 1960s and '70s can only be properly interpreted with recourse to the complicated history of the early civil rights movement's selective appropriation of the labor sit-downs of the 1930s. This essay addresses the messy but basically successful effort by civil rights sit-inners and the lawyers who defended them to circumvent the repressive state and legal response—especially the US Supreme Court ruling in National Labor Relations Board v. Fansteel Metallurgical Corporation (1939)—that the 1930s sit-downers garnered. My reexamination of the sit-ins places influential liberal ideas about civil disobedience in a fresh light. In his influential theory of civil disobedience, John Rawls mirrored key features of the politically and legally savvy strategy of delinking the lunch counter sit-ins from the workplace sit-downs. The result was a somewhat restrictive view of civil disobedience that sidelined matters of economic justice.
In: Critical Asian studies, S. 1-26
ISSN: 1472-6033
SSRN
In: Safundi: the journal of South African and American Comparative Studies, S. 1-19
ISSN: 1543-1304
In: Peace & change: PC ; a journal of peace research
ISSN: 1468-0130
Introduction -- Ethical foundations -- Animal rights -- Rights resistance -- Human rights -- Utilitarianism vs deontology -- Welfarism -- Abolitionism -- Capabilities -- Contractarianism and contractualism -- Citizenship -- The law -- Conclusion -- Bibliography.
In: Routledge international handbooks
"Disability is defined by hierarchy. Regardless of culture or context, persons with disabilities are almost always pushed to the bottom of the social hierarchy. With the advent of the Convention on the Rights of Persons with Disabilities (2006), disability human rights seemingly provided a path forward for tearing down ableist social hierarchies and ensuring that all persons with disabilities everywhere were treated equally. Despite important progress, the disability human rights project not only remains incomplete, but has often created new hierarchies among persons with disabilities themselves or across the human rights it promotes. Certain groups of persons with disabilities have gained new voices while others remain silenced and certain rights are prioritized over others depending on what states, international organizations, or advocates want rather than what those on the ground need most. This volume was inspired both by the continued need to expose human rights violations against persons with disabilities, but to also explore the nuanced role that hierarchies play in the spread, implementation, and protection of disability human rights. The enjoyment of human rights is not equal nor is the recognition of specific individuals and groups' rights. In order to change this situation, inequalities across the disability human rights movement must be explored. Divided into five parts Who counts as disabled? Political, social, and cultural context Which rights on top, whose rights on bottom? Pushed to the periphery in the disability rights movement Representations of disability and comprised of 34 newly-written chapters including case-studies from the Anglophone Caribbean, Bangladesh, Bosnia-Herzegovina, China, Ghana, Haiti, Hungary, India, Israel, Kenya, Latin America, Poland, Russia, Scotland, Serbia and South Africa, and other countries, this book will be of interest to all scholars and students of disability studies, sociology, human rights law and social policy"--
Introduction -- Part 1. The History of Rights Theory. The Beginning: The Rise of the Idea of Natural Rights -- The Philosophical Discrediting of Natural Law and Natural Rights -- Does Hobbes Rather than Locke Provide a Forerunner to Modern Theories of Rights? -- The Jurisprudential Turn in Rights Theorising -- Reading Historical Writing on Rights: The Distorting Influence of Hohfeld -- Part 2. Current and Future Rights Theory: Assessing the Philosophy of Rights. The Continuing Dominance of Hohfeld -- Current Theories of Rights: The Will and Interest Theories and Theories of Human Rights -- Thoughts for Future Rights Theorising.
In: Modern studies in European Law volume 107
"This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts"--
Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details.
In: Perspectives on politics, S. 1-2
ISSN: 1541-0986
In: ICLARS series on law and religion
In: Ius Gentium: Comparative Perspectives on Law and Justice 109
Introduction -- The problem and its scale: Privacy invasions of Pakistani media -- The concept of the right to privacy -- Right to privacy and freedom of expression in the Constitution of Pakistan -- Reconciling the freedom of expression with the right to privacy: Protecting private life from media invasions under the ECHR -- Privacy protection in ECHR member states: Germany and the United Kingdom -- Recommendations: A privacy law for Pakistan.