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Through a qualitative, comparative study of the diffusion of a single human rights norm--the abolition of the death penalty for child offenders--this book argues that the growth of state control over children contributed to the consolidation of the state and the creation of international order.
Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core princip...
This book examines how and why, in the context of International Relations, children’s subjecthood has all too often been relegated to marginal terrains and children themselves automatically associated with the need for protection in vulnerable situations: as child soldiers, refugees, and conflated with women, all typically with the accent on the Global South. Challenging us to think critically about childhood as a technology of global governance, the authors explore alternative ways of finding children and their agency in a more central position in IR, in terms of various forms of children’s activism, children and climate change, children and security, children and resilience, and in their inevitable role in governing the future. Focusing on the problems, pitfalls, promises, and prospects of addressing children and childhoods in International Relations, this book places children more squarely in the purview of political subjecthood and hence more centrally in IR.
Though children have never been absent from international studies discourse, they are too often reduced to a few simplistic and unidimensional framings. This book seeks to recover children's agency and to recognize the complex variety of childhoods and the global issues that affect them. Written by an international list of contributors from Europe, Africa, North America, and Australasia, chapters present highly nuanced accounts of children and childhoods across global political time and space split into three broad sections: imagined childhoods, governed childhoods, and lived childhoods. Through its analysis, the book demonstrates how international relations is, somewhat paradoxically, quite deeply invested in a particular rendering of childhood as, primarily, a time of innocence, vulnerability, and incapacity.
This authoritative set provides a comprehensive overview of issues and trends in crime, law enforcement, courts, and corrections that encompass the field of criminal justice studies in the United States. This work offers a thorough introduction to the field of criminal justice, including types of crime; policing; courts and sentencing; landmark legal decisions; and local, state, and federal corrections systems—and the key topics and issues within each of these important areas. It provides a complete overview and understanding of the many terms, jobs, procedures, and issues surrounding this growing field of study. Another major focus of the work is to examine ethical questions related to po...
The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.
In principle, no human individual should be rendered stateless: the Universal Declaration of Human Rights stipulates that the right to have or change citizenship cannot be denied. In practice, the legal claim of citizenship is a slippery concept that can be manipulated to serve state interests. On a spectrum from those who enjoy the legal and social benefits of citizenship to those whose right to nationality is outright refused, people with many kinds of status live in various degrees of precariousness within states that cannot or will not protect them. These include documented and undocumented migrants as well as conventional refugees and asylum seekers living in various degrees of uncertai...
This text identifies three contemporary manifestations of stateless: legal statelessness, de facto statelessness and effective statelessness. The book provides a variety of examples, including chapters on Palestinian children in Israel including undocumented young people seeking higher education in the United States.
Rightlessness in an Age of Rights offers a critical inquiry of human rights by rethinking the key concepts and arguments of twentieth-century political theorist Hannah Arendt. At the heart of this critical inquiry are the challenging questions posed by the contemporary struggles of asylum-seekers, refugees, and undocumented immigrants.
"If there is one thing that people agree about concerning the massive, leaderless, spontaneous protests that have spread across the globe over the past decade, it's that they were failures. Simply put, the protesters could not organize; nor could they formulate clear demands or bring about change. In the Street argues that in seeking to find the reasons behind these alleged "failures," we are asking the wrong questions. It argues that when our analysis of such eventsis confined by a framework of success and failure, we blind ourselves to the working reality of democratic politics, namely the on-the-ground efforts of political actors who, in becoming "political friends," demonstrate, if for a fleeting moment, that another way of being together is possible. Thebook develops an alternative conceptualization of democratic action through a close reading of Antonio Negri, Jürgen Habermas, and Jacques Rancière and the global protests of 1968 that inspired these political theorists and their work." (ed.).