In Reimagining Human Rights, William O’Neill presents an interpretation of human rights “from below,” showing how victims of atrocity can embrace the rhetoric of human rights to dismantle old narratives of power and advance new ones. Topics covered include race and mass incarceration, immigration and refugee policy, and ecological responsibility.
Confucianism and Reflexive Modernity offers an excellent example of a dialogue between East and West by linking post-Confucian developments in East Asia to a Western idea of reflexive modernity originally proposed by Ulrich Beck, Anthony Giddens, and Scott Lash in 1994. The author makes a sharp confrontation with the paradigm of Asian Value Debate led by Lee Kwan-Yew and defends a balance between individual empowerment and flourishing community for human rights, basically in line with Juergen Habermas, but in the context of global risk society, particularly from an enlightened perspective of Confucianism. The book is distinguished by sophisticated theoretical reflection, comparative reasoning, and solid empirical argument concerning Asian identity in transformation and the aspects of reflexive modernity in East Asia.
"In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system."--Naomi Creutzfeldt, University of Westminster, UK This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture. Margaret Doyle is a Visiting Research Fellow with the UK Administrative Justice Institute, University of Essex, UK, and an independent mediator. Nick O'Brien is an Honorary Research Fellow at Liverpool University, UK. He was formerly Legal Director of the Disability Rights Commission.--
Bringing together the experience, perspective and expertise of Paul Farmer, Jim Yong Kim, and Arthur Kleinman, Reimagining Global Health provides an original, compelling introduction to the field of global health. Drawn from a Harvard course developed by their student Matthew Basilico, this work provides an accessible and engaging framework for the study of global health. Insisting on an approach that is historically deep and geographically broad, the authors underline the importance of a transdisciplinary approach, and offer a highly readable distillation of several historical and ethnographic perspectives of contemporary global health problems. The case studies presented throughout Reimagining Global Health bring together ethnographic, theoretical, and historical perspectives into a wholly new and exciting investigation of global health. The interdisciplinary approach outlined in this text should prove useful not only in schools of public health, nursing, and medicine, but also in undergraduate and graduate classes in anthropology, sociology, political economy, and history, among others.
This book is the collective effort of participants from Dejusticia’s annual Global Action-Research Workshop for Young Human Rights Advocates. The talented writers featured here are graduates from previous workshops who came together again in 2018 to explore the intersection between research and activism and what it holds for the future of human rights. The authors in this book question traditional methods and explore new ways and visions of advancing human rights in the troubled context in which we live today. Do the struggles of small-scale miners in Ghana, the use of strategic litigation in Lebanon, and the recognition of the rights of nature in India represent evidence for hope? Or is the opposite true, and, as shown in the chapters on martial law in the Philippines, the treatment of wastewater in Argentina, and in the internal conflict in Yemen, human rights have failed to deliver on their promises? Whatever the answer, Reimagining the Future of Human Rights invites us to reflect on the work of human rights in different contexts and the challenges that activists face, but also the progress they have made. The chapters in this book offer a snapshot of the current state of human rights that can help guide our work as activists and researchers.
Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.
Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Winner of the Zócalo Book Prize A New York Times Book Review Editors’ Choice “Combines powerful moral arguments with superb storytelling.” —New Statesman What moral values do we hold in common? As globalization draws us together economically, are the things we value converging or diverging? These twin questions led Michael Ignatieff to embark on a three-year, eight-nation journey in search of an answer. What we share, he found, are what he calls “ordinary virtues”: tolerance, forgiveness, trust, and resilience. When conflicts break out, these virtues are easily exploited by the politics of fear and exclusion, reserved for one’s own group but denied to others. Yet these ordinary virtues are the key to healing and reconciliation on both a local and global scale. “Makes for illuminating reading.” —Simon Winchester, New York Review of Books “Engaging, articulate and richly descriptive... Ignatieff’s deft histories, vivid sketches and fascinating interviews are the soul of this important book.” —Times Literary Supplement “Deserves praise for wrestling with the devolution of our moral worlds over recent decades.” —Los Angeles Review of Books
