The Human Rights Paradox

The Human Rights Paradox

Author: Steve J. Stern

Publisher: University of Wisconsin Pres

Published: 2014-04-29

Total Pages: 274

ISBN-13: 0299299732

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Human rights are paradoxical. Advocates across the world invoke the idea that such rights belong to all people, no matter who or where they are. But since humans can only realize their rights in particular places, human rights are both always and never universal. The Human Rights Paradox is the first book to fully embrace this contradiction and reframe human rights as history, contemporary social advocacy, and future prospect. In case studies that span Africa, Latin America, South and Southeast Asia, and the United States, contributors carefully illuminate how social actors create the imperative of human rights through relationships whose entanglements of the global and the local are so profound that one cannot exist apart from the other. These chapters provocatively analyze emerging twenty-first-century horizons of human rights—on one hand, the simultaneous promise and peril of global rights activism through social media, and on the other, the force of intergenerational rights linked to environmental concerns that are both local and global. Taken together, they demonstrate how local struggles and realities transform classic human rights concepts, including “victim,” “truth,” and “justice.” Edited by Steve J. Stern and Scott Straus, The Human Rights Paradox enables us to consider the consequences—for history, social analysis, politics, and advocacy—of understanding that human rights belong both to “humanity” as abstraction as well as to specific people rooted in particular locales.


Intellectual Property and Human Rights

Intellectual Property and Human Rights

Author: F. W. Grosheide

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 329

ISBN-13: 1849802041

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. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.


The Human Paradox

The Human Paradox

Author: Ralph Heintzman

Publisher: University of Toronto Press

Published: 2022-08-31

Total Pages: 836

ISBN-13: 1487541538

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What is a human being? What does it mean to be human? How can you lead your life in ways that best fulfil your own nature? In The Human Paradox, Ralph Heintzman explores these vital questions and offers an exciting new vision of the nature of the human. The Human Paradox aims to counter or correct several contemporary assumptions about the nature of the human, especially the tendency of Western culture, since the seventeenth century, to identify the human with rationality and the rational mind. Using the lens of the virtues, The Human Paradox shows how rediscovering the nature of the human can help not just to understand one’s own paradoxical nature but to act in ways that are more consistent with its full reality. Offering accessible insight from both traditional and contemporary thought, The Human Paradox shows how a fuller, richer vision of the human can help address urgent contemporary problems, including the challenges of cultural and religious diversity, human migration and human rights, the role of the market, artificial intelligence, the future of democracy, and global climate change. This fresh perspective on the Western past will guide readers into what it means to be human and open new possibilities for the future.


The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

The European Human Rights Culture - A Paradox of Human Rights Protection in Europe?

Author: Nina-Louisa Arold Lorenz

Publisher: Martinus Nijhoff Publishers

Published: 2014-04-30

Total Pages: 309

ISBN-13: 9004258442

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The European Human Rights Culture – A Paradox of Human Rights Protection in Europe? analyses the political term “European Human Rights Culture”, a term first introduced by EU Commission President Barroso. Located in the fields of comparative law and European law, this book analyses, through first-hand interviews with the European judiciary, the judicial perspective on the European human rights culture and sets this in context to the political dimension of the term. In addition, it looks at the structures and procedures of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), and explains the embedding of the Courts’ legal cultures. It offers an in-depth analysis of the margin of appreciation doctrine at both the CJEU and ECtHR, and shows its value for addressing human rights grievances. This book is novel in that it combines interviews and case-law analysis to show how a mix of differences on the bench are legally amalgamated to resolve probing legal questions and human rights issues. It shows, through a combined analysis of case-law and recent political developments for European human rights, the tensions between judicial and political approaches and the paradox of human rights protection in Europe. It also offers in-depth knowledge of the European human rights discourse. In addition to a rich study of legal materials, the book looks inside the box by adding the judiciary’s perspective. Human rights are widely acknowledged in European societies and cases claiming human rights violations are increasing at both the CJEU and ECtHR. In these times of increased human rights awareness, this book uncovers a paradox in European human rights protection which is created by the push-and-pull between judicial and political interests.


On Paradox

On Paradox

Author: Elizabeth S. Anker

Publisher: Duke University Press

Published: 2022-10-28

Total Pages: 225

ISBN-13: 1478023600

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In On Paradox literary and legal scholar Elizabeth S. Anker contends that faith in the logic of paradox has been the cornerstone of left intellectualism since the second half of the twentieth century. She attributes the ubiquity of paradox in the humanities to its appeal as an incisive tool for exposing and dismantling hierarchies. Tracing the ascent of paradox in theories of modernity, in rights discourse, in the history of literary criticism and the linguistic turn, and in the transformation of the liberal arts in higher education, Anker suggests that paradox not only generates the very exclusions it critiques but also creates a disempowering haze of indecision. She shows that reasoning through paradox has become deeply problematic: it engrains a startling homogeneity of thought while undercutting the commitment to social justice that remains a guiding imperative of theory. Rather than calling for a wholesale abandonment of such reasoning, Anker argues for an expanded, diversified theory toolkit that can help theorists escape the seductions and traps of paradox.


The Ostrich Paradox

The Ostrich Paradox

Author: Robert Meyer

Publisher: University of Pennsylvania Press

Published: 2017-02-07

Total Pages: 133

ISBN-13: 1613630794

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"The Ostrich Paradox boldly addresses a key question of our time: Why are we humans so poor at dealing with disastrous risks, and what can we humans do about it? It is a must-read for everyone who cares about risk." —Daniel Kahneman, winner of the Nobel Prize in Economics and author of Thinking, Fast and Slow We fail to evacuate when advised. We rebuild in flood zones. We don't wear helmets. We fail to purchase insurance. We would rather avoid the risk of "crying wolf" than sound an alarm. Our ability to foresee and protect against natural catastrophes has never been greater; yet, we consistently fail to heed the warnings and protect ourselves and our communities, with devastating consequences. What explains this contradiction? In The Ostrich Paradox, Wharton professors Robert Meyer and Howard Kunreuther draw on years of teaching and research to explain why disaster preparedness efforts consistently fall short. Filled with heartbreaking stories of loss and resilience, the book addresses: •How people make decisions when confronted with high-consequence, low-probability events—and how these decisions can go awry •The 6 biases that lead individuals, communities, and institutions to make grave errors that cost lives •The Behavioral Risk Audit, a systematic approach for improving preparedness by recognizing these biases and designing strategies that anticipate them •Why, if we are to be better prepared for disasters, we need to learn to be more like ostriches, not less Fast-reading and critically important, The Ostrich Paradox is a must-read for anyone who wants to understand why we consistently underprepare for disasters, as well as private and public leaders, planners, and policy-makers who want to build more prepared communities.


China and the International Human Rights Regime

China and the International Human Rights Regime

Author: Rana Siu Inboden

Publisher: Cambridge University Press

Published: 2021-03-18

Total Pages: 313

ISBN-13: 1108898319

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Rana Siu Inboden examines China's role in the international human rights regime between 1982 and 2017 and, through this lens, explores China's rising position in the world. Focusing on three major case studies – the drafting and adoption of the Convention against Torture and the Optional Protocol to the Convention against Torture, the establishment of the UN Human Rights Council, and the International Labour Organization's Conference Committee on the Application of Standards – Inboden shows China's subtle yet persistent efforts to constrain the international human rights regime. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power.


Militant Democracy

Militant Democracy

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2004

Total Pages: 271

ISBN-13: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.


The Gang Paradox

The Gang Paradox

Author: Robert J. Durán

Publisher: Studies in Transgression

Published: 2018-04-08

Total Pages: 299

ISBN-13: 9780231181075

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Robert J. Durán analyzes the impact of deportation, incarceration, and racialized perceptions of criminality on Latino families and youth along the U.S.-Mexico border. He finds significantly less gang membership and activity than common fearmongering claims would have us believe.


The Human Rights Turn and the Paradox of Progress in the Middle East

The Human Rights Turn and the Paradox of Progress in the Middle East

Author: Mishana Hosseinioun

Publisher: Springer

Published: 2017-10-11

Total Pages: 212

ISBN-13: 3319572105

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This book aims to shift the limited and often negative popular understanding of the Middle East’s place in the world by chronicling the region’s contributions to the international order rather than disorder, and to the development of the international human rights system. It elucidates the many paradoxes that make the Middle East and North Africa (MENA) region both a troubling place and also a region brimming with great potential for peace, prosperity and progress. By demonstrating the paradox of human rights progress amid regress, the book tells a radically new and more hopeful side of the story of the region that has largely been obfuscated and omitted from the chronicles of history. In so doing, it shows that fostering a human rights culture is not only possible for all universally, it is inevitable.