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The Right of Access to Public Information: An International Comparative Legal Survey
by Hermann-Josef Blanke Ricardo PerlingeiroThis book presents a comparative study on access to public information in the context of the main legal orders worldwide(inter alia China,France,Germany,Japan,Russia,Sweden,United States).The international team of authors analyzes the Transparency- and Freedom-to-Information legislation with regard to the scope of the right to access, limitations of this right inherent in the respective national laws, the procedure, the relationship with domestic legislation on administrative procedure, as well as judicial protection. It particularly focuses on the Brazilian law establishing the right of access to information, which is interpreted as a benchmark for regulations in other Latin-American states.
Democracy and Financial Order: Legal Perspectives (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #273)
by Matthias Goldmann Silvia SteiningerThis book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.
Biotechnologies and International Human Rights (Studies in International Law)
by Francesco FrancioniThis book follows and complements the previous volume Biotechnology and International Law (Hart 2006) bringing a specific focus on human rights. It is the result of a collaborative effort which brings together the contributions of a select group of experts from academia and from international organisations with the purpose of discussing the extent to which current activities in the field of biotechnology can be regulated by existing human rights principles and standards, and what gaps, if any, need to be identified and filled with new legislative initiatives. Instruments such as the UNESCO Declaration on the Human Genome (1997) and on Bioethics and Human Rights (2005) are having an impact on customary international law. But what is the relevance of these instruments with respect to traditional concepts of state responsibility and the functioning of domestic remedies against misuse of biotechnologies? Are new legislative initiatives needed, and what are the pros and cons of a race toward the adoption of new ad hoc instruments in an area of such rapid technological development? Are there risks of normative and institutional fragmentation as a consequence of the proliferation of different regulatory regimes? Can we identify a core of human rights principles that define the boundaries of legitimate uses of biotechnology, the legal status of human genetic material, as well as the implications of the definition of the human genome as 'common heritage of humanity' for the purpose of patenting of genetic inventions? These and other questions are the focus of a fascinating collection of essays which, together, help to map this emerging field of inquiry.
Human Rights and Private Law: Privacy as Autonomy (Studies of the Oxford Institute of European and Comparative Law)
by Katja S ZieglerPrivacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.
Exploring Social Rights: Between Theory and Practice
by Daphne Barak-Erez Aeyal GrossExploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy.'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.'William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History,University of Texas at Austin'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.'Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School.Author, 'Transitional Justice' (OUP 2002)
Constitutional Politics in the Middle East: With special reference to Turkey, Iraq, Iran and Afghanistan (Oñati International Series in Law and Society)
by Said Amir ArjomandThis book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saïd Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.
The Tension Between Group Rights and Human Rights: A Multidisciplinary Approach (Human Rights Law in Perspective)
by Koen De Feyter George PavlakosThe discussion of group rights, while always a part of the human rights discourse, has been gaining importance in the past decade. This discussion, which remains fundamental to a full realisation by the international community of its international human rights goals, requires careful analysis and empirical research. The present volume offers a great deal of material for both. It makes a strong case in favour of a multidisciplinary approach to human rights and explores the origins and social, anthropological and legal/political dimensions of human rights and internationally recognised group rights. It explores legal issues such as the reservations to international treaties and methodological questions, including the question of deliberative processes which allow seemingly absolute requirements of human rights to be reconciled with culturally sensitive norms prevailing within various groups. The discussion continues by looking at specific contexts, including the situations of women, school communities, ethnic and linguistic minorities, migrant communities and impoverished groups. The final part of the volume examines the 'state of play' of human rights and group rights in international law, in international relations and in the context of internationally sponsored development policies. Here the authors offer a meticulous and critical presentation of the legal regulation of human rights and group rights and point to numerous weaknesses which continue to exist and which call for additional work by legal thinkers and practitioners.
Transitional Justice from Below: Grassroots Activism and the Struggle for Change (Human Rights Law in Perspective)
by Kieran McEvoy Lorna McGregorAlthough relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".
Amnesty, Human Rights and Political Transitions: Bridging the Peace and Justice Divide (Studies in International Law)
by Louise MallinderAmnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice.This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed.The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes.David Dyzenhaus"This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen."Diane Orentlicher"Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."
Tort Liability for Human Rights Abuses
by George P FletcherAdvancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
Democracy in Theory and Practice
by Frederick G. WhelanDemocracy in Theory and Practice presents an authoritative overview of democratic theory today. Its distinctive approach links theory to practice, emphasizing the wide variety of institutions and procedures through which core democratic principles are implemented and the normative and practical dimensions of the choices to be made among these alternatives. Designed for courses at both the undergraduate and graduate level, the book features eighteen chapters organized thematically and divided into sections and subsections for easy reference; historical and current examples, citations for specific ideas, annotated references, and further readings throughout enhance the volume's utility for students, scholars, and researchers. Sidebars give biographical sketches of classic theorists and democratic ideas from the US founders and constitutional tradition. Featured topics discussed include: Majority Rule; Participation; Deliberation; Accountability; Representation; Constitutionalism; Electoral Laws; Parties; Legislative, Executive, and Judicial Functions. The Boundary Problem; The "All-Affected" Principle; Contested Senses of Liberal and Procedural Democracy; The Pros and Cons of Term Limits; Proportional Representation; Referendums; Problems of Democratic Transparency and Reversibility. Written by a leading authority in the field, Frederick G. Whelan encourages us to think of the many alternative ways of putting democracy into practice and of these alternatives as requiring choices. This diversity means that there is no unique or correct democratic outcome from a given set of preferences, since outcomes are shaped by the methods followed in reaching them.
Strategy-Making in the EU: From Foreign and Security Policy to External Action (The European Union in International Affairs)
by Pol MorillasThis book provides a detailed analysis of the policy-making processes of EU strategies in foreign and security policy and external action. It uses the European Security Strategy and the EU Global Strategy to assess their policy-making dynamics both before and after the Lisbon Treaty. Inter-institutional relations in strategy-making are put into the context of current debates in European integration, questioning the assumption that the EU is a body increasingly ruled by intergovernmentalism - as reflected by the new intergovernmentalism literature. The book also provides a categorisation of EU strategies and considers them as policy-inspiration documents, acting as frameworks for policy-making. This reading of strategies lies behind the analysis of the policy-making processes of the ESS and the EUGS, unpacked into four phases: agenda-setting, policy formulation, policy output and implementation. By looking at the shifting policy-making dynamics from foreign and security policy to external action, the author sheds light on the current shape of EU integration.
Handbuch Politische Ideengeschichte: Zugänge – Methoden – Strömungen
by Samuel SalzbornDas Handbuch bildet die Pluralität der Ideengeschichte in den Disziplinen ab und zeigt, dass eine Reihe von Methoden in der ideengeschichtlichen Forschung existiert, die aber nur selten explizit gemacht werden. Herzstück des Handbuches ist ein historisch-systematisch untergliederter Zugang, der Pluralität wie Referenzialität (in) der Ideengeschichte abbildet und historisch rekonstruiert. In der Erforschung der Ideengeschichte verbindet sich intellektuelles Wissen mit der Geschichte politischer Interessen und ihrer Konflikte, was die Ideengeschichte zum historischen Speichermedium wie zur Blaupause für gegenwärtige Analysen macht.
Global Constitutionalism: A Socio-legal Perspective (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #275)
by Aydin AtilganThis book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
Cosmpolitanism and Global Financial Reform: A Pragmatic Approach to the Tobin Tax (PDF) (Ripe Series In Global Political Economy Ser.)
by James BrassettAcknowledgement of the ethical dimension of global finance is commonplace in the wake of financial crises. The sub-prime crisis and ensuing credit crunch are only the latest in a long run of global financial crises that wreak social havoc and force us to consider alternative possibilities for global finance. By defining cosmopolitanism and analysing how cosmopolitan ideas can increasingly provide an account of the governance of global finance, Brassett examines whether global finance can be regulated so as to provide cosmopolitan values like social security, equality and democratic accountability. It suggests that such an exercise is not adequately resourced by existing theoretical approaches to critical IPE and instead develops a new pragmatic approach based on the thought of Richard Rorty. Combining ethical theory with empirical analysis, it focuses on the Tobin Tax – (a proposal to place a small levy on foreign currency transactions to dampen speculation and raise vast revenues) – and explores whether it could underpin more cosmopolitan forms of global financial governance. This book situates cosmopolitan ideas in the extant dilemmas and indeterminacies of global ethics, suggesting alternatives where possible. It will be of interest to students and scholars of international ethics, global governance, global civil, international relations, international political economy, global finance, public policy, critical theory, political theory and philosophy.
Cosmpolitanism and Global Financial Reform: A Pragmatic Approach to the Tobin Tax (Ripe Series In Global Political Economy Ser.)
by James BrassettAcknowledgement of the ethical dimension of global finance is commonplace in the wake of financial crises. The sub-prime crisis and ensuing credit crunch are only the latest in a long run of global financial crises that wreak social havoc and force us to consider alternative possibilities for global finance. By defining cosmopolitanism and analysing how cosmopolitan ideas can increasingly provide an account of the governance of global finance, Brassett examines whether global finance can be regulated so as to provide cosmopolitan values like social security, equality and democratic accountability. It suggests that such an exercise is not adequately resourced by existing theoretical approaches to critical IPE and instead develops a new pragmatic approach based on the thought of Richard Rorty. Combining ethical theory with empirical analysis, it focuses on the Tobin Tax – (a proposal to place a small levy on foreign currency transactions to dampen speculation and raise vast revenues) – and explores whether it could underpin more cosmopolitan forms of global financial governance. This book situates cosmopolitan ideas in the extant dilemmas and indeterminacies of global ethics, suggesting alternatives where possible. It will be of interest to students and scholars of international ethics, global governance, global civil, international relations, international political economy, global finance, public policy, critical theory, political theory and philosophy.
Transitional Justice: Vergangenheitsbewältigung durch Recht (Springer-Lehrbuch)
by Gerhard Werle Moritz VormbaumDieses Buch bietet die erste systematische Gesamtdarstellung zum Thema Transitional Justice in deutscher Sprache. Der Ausdruck „Transitional Justice“ hat sich zum Ende des Kalten Krieges beim Übergang von Diktaturen zur Demokratie etabliert und dient als Leitbegriff zur Aufarbeitung von Systemunrecht. Das vorliegende Werk entwickelt die Grundprinzipien von Transitional Justice und behandelt die fünf wesentlichen Aufarbeitungsoptionen – Strafverfolgung, Amnestien, Wahrheitskommissionen, Wiedergutmachung sowie die Überprüfung des öffentlichen Dienstes. Aktuelle Herausforderungen werden diskutiert. Reichhaltiges Anschauungsmaterial beleuchtet über 50 Aufarbeitungssituationen. Das Buch verfolgt einen doppelten Zweck: Es soll zum einen Rechtswissenschaftlerinnen und Rechtswissenschaftlern sowie praktisch tätigen Juristinnen und Juristen den Zugang zur Materie erleichtern. Zum anderen soll es benachbarten Disziplinen einen konzentrierten Einblick in die rechtlichen Leitprinzipien von Transitional Justice ermöglichen.
Human Rights (Key Ideas Ser. (PDF))
by Anthony WoodiwissAre human rights part of the problem or part of the solution in the current 'clash of civilizations'? Drawing on a hitherto neglected body of work in classical social theory and combining it with ideas derived from Barrington Moore, Norbert Elias and Michel Foucault, Woodiwiss poses and answers the questions: How did human rights become entangled with power relations? How might the nature of this entanglement be altered so that human rights better serve the global majority? In answering these questions, he explains how and why rights discourse developed in such distinctive ways in four key locations: Britain, the United States, Japan and in the UN. On this basis he provides, for the first time, a general sociological account of the development of international human rights discourse, which represents a striking challenge to current thinking and policy.
Involving Service Users in Health and Social Care Research
by Ian Hulatt Lesley LowesService user involvement in research can range from the extremes of being the subject, to being the initiator or investigator, of a research study. The activity of the professional researcher can also range from being the person undertaking the research, to being a partner with, or mentor to, service users. This broad scope of levels of involvement is reflected in the contributions in this book, both in the research experiences reported and in the writing of the chapters themselves. With contributions coming from a range of service areas including learning disabilities, cancer care, older people and mental illness, chapters look at important research issues such as: strategies for working in true partnership; avoiding ‘tokenism’; involving service users at all stages of the research process; communication and terminology; involving service users of different ages and experience; training needs of professionals and service users; problems surrounding ‘payment’ for service users; other ethical and practical issues. This book is invaluable reading for researchers in health and social care from academic, professional and service user backgrounds.
Involving Service Users in Health and Social Care Research (PDF)
by Ian Hulatt Lesley LowesService user involvement in research can range from the extremes of being the subject, to being the initiator or investigator, of a research study. The activity of the professional researcher can also range from being the person undertaking the research, to being a partner with, or mentor to, service users. This broad scope of levels of involvement is reflected in the contributions in this book, both in the research experiences reported and in the writing of the chapters themselves. With contributions coming from a range of service areas including learning disabilities, cancer care, older people and mental illness, chapters look at important research issues such as: strategies for working in true partnership; avoiding ‘tokenism’; involving service users at all stages of the research process; communication and terminology; involving service users of different ages and experience; training needs of professionals and service users; problems surrounding ‘payment’ for service users; other ethical and practical issues. This book is invaluable reading for researchers in health and social care from academic, professional and service user backgrounds.
Human Rights (Key Ideas Ser. (PDF))
by Anthony WoodiwissAre human rights part of the problem or part of the solution in the current 'clash of civilizations'? Drawing on a hitherto neglected body of work in classical social theory and combining it with ideas derived from Barrington Moore, Norbert Elias and Michel Foucault, Woodiwiss poses and answers the questions: How did human rights become entangled with power relations? How might the nature of this entanglement be altered so that human rights better serve the global majority? In answering these questions, he explains how and why rights discourse developed in such distinctive ways in four key locations: Britain, the United States, Japan and in the UN. On this basis he provides, for the first time, a general sociological account of the development of international human rights discourse, which represents a striking challenge to current thinking and policy.
Postcolonial Approaches to the European Middle Ages: Translating Cultures (PDF)
by Edited by Ananya Jahanara Kabir Deanne WilliamsThis collection of original essays is dedicated to the intersections between medieval and postcolonial studies. Ranging across a variety of academic disciplines, from art history to cartography, and from Anglo-Saxon to Arabic studies, this volume highlights the connections between medieval and postcolonial studies by exploring a theme common to both areas of study: translation as a mechanism of and metaphor for cultures in contact, confrontation, and competition. Drawing upon the widespread medieval trope of translatio studii et imperii (the translation of culture and empire), this collection engages the concept of translation from its most narrow, lexicographic sense, to the broader applications of its literal meaning, “to carry across.” It carries the multilingual, multicultural realities of medieval studies to postcolonial analyses of the coercive and subversive powers of cultural translation, offering a set of case studies of translation as the transfer of language, culture, and power.
The Politics of Human Rights: The Quest for Dignity (PDF)
by Sabine C. Carey Mark Gibney Steven C. PoeHuman rights is an important issue in contemporary politics, and the last few decades have also seen a remarkable increase in research and teaching on the subject. This book introduces students to the study of human rights and aims to build on their interest while simultaneously offering an alternative vision of the subject. Many texts focus on the theoretical and legal issues surrounding human rights. This book adopts a substantially different approach which uses empirical data derived from research on human rights by political scientists to illustrate the occurrence of different types of human rights violations across the world. The authors devote attention to rights as well as to responsibilities, neither of which stops at one country’s political borders. They also explore how to deal with repression and the aftermath of human rights violations, making students aware of the prospects for and realities of progress.
Women and Human Development: The Capabilities Approach (PDF)
by Martha C. NussbaumIn this major book Martha Nussbaum, one of the most innovative and in¯uential philosophical voices of our time, proposes a new kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. In much of the world today women are less well nourished than men, less healthy, and more vulnerable to physical violence and sexual abuse. Martha Nussbaum argues that international political and economic thought must be sensitive to gender difference as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. The account is based on the idea of human capabilities: what people are actually capable of doing or becoming in the real world. This approach is then defended against the charge that all universals are bound to be insensitive to regional and cultural speci®city. Martha Nussbaum also argues that it is an approach superior to the preference-based approaches prevalent in contemporary economics. Two ®nal chapters consider the particular problems that arise when sex equality clashes with the claims of religion or family. This is a vividly written book that is rich in narrative examples. It offers a radically fresh account of how we should understand the ``quality of life'' in a nation, and how we should think about the basic minimum that all governments should provide for their citizens. Moreover, it calls for a new international focus to feminism, and shows through concrete detail how philosophical arguments about justice really do connect with the practical concerns of public policy.
Climate Change and Displacement: Multidisciplinary Perspectives
by Jane McAdamEnvironmental migration is not new. Nevertheless, the events and processes accompanying global climate change threaten to increase human movement both within states and across international borders. The Inter-governmental Panel on Climate Change has predicted an increased frequency and severity of climate events such as storms, cyclones and hurricanes, as well as longer-term sea level rise and desertification, which will impact upon people's ability to survive in certain parts of the world. This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.