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Human Rights Culture And The Rule Of Law

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Human Rights Culture and the Rule of Law

Human Rights  Culture  and the Rule of Law Book
Author : Jessica Almqvist
Publisher : Unknown
Release : 2005
ISBN : 9781472563422
Language : En, Es, Fr & De

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Book Description :

"This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance."--Bloomsbury Publishing.

Human Rights Culture and the Rule of Law

Human Rights  Culture and the Rule of Law Book
Author : Jessica Almqvist
Publisher : Bloomsbury Publishing
Release : 2005-09-12
ISBN : 1847310044
Language : En, Es, Fr & De

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Book Description :

This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.

Identity Political and Human Rights Culture as Prerequisites of Constitutional Democracy

Identity  Political and Human Rights Culture as Prerequisites of Constitutional Democracy Book
Author : Miodrag A. Jovanović,Dragica Vujadinovic
Publisher : Eleven International Pub
Release : 2013
ISBN : 9789462360778
Language : En, Es, Fr & De

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Book Description :

This book addresses the complex role of and mutual relation between the concepts of constitutional democracy, constitutional identity, and political and human rights culture. It brings together updated papers presented at the conference "Political and Human Rights Culture as Prerequisites of Constitutional Democracy" which convened at the Faculty of Political Science, University of Belgrade in November 2012. The first part of the book is devoted to practical and theoretical challenges to constitutional democracy at both the transnational and national level. The second section reassesses some of the most influential foundationalist doctrines on human rights. The final part covers the problems of identity, as well as political and human rights culture in a selected number of transitional non-EU countries of Eastern Europe. As these concepts have become even more pertinent in times of economic crisis, the book will be of interest to scholars and policy makers in this field. (Series: Democracy and the Rule of Law - Vol. 2)

The Crossroads of Globalization Human Rights and Rule of Law

The Crossroads of Globalization  Human Rights and Rule of Law Book
Author : Karen A. Cecilia O'Rourke
Publisher : Unknown
Release : 2012
ISBN : 9781267318664
Language : En, Es, Fr & De

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Book Description :

The challenges arising at the crossroads of globalization, human rights and rule of law continue to occur within the nation State and consistently arise in conjunction with international public law, humanitarian law, and international economic law as well as private international law, human rights law and development law. This convergence of globalization, human rights and rule of law concerns more than law's technical discourse with its own procedures and principles. Rather, this convergence now demands the creation of a legal culture of human rights followed by the design of a more humane paradigm for capitalist globalization. The process will require new ways of thinking and talking about rule of law, human rights and globalization so that balancing political and economic imperatives, rule of law and international justice becomes a universal reality in this century. An initial historical review outlines the impact of the twentieth-century neoliberal paradigm for the globalization process and the international human rights regime, both of which have seriously eroded State autonomy. This dissertation defines a contribution to the larger work already in progress and addresses reconstructing the role of the State. It attempts to secure the State's function as the sole architect of world order by introducing a third evolution in a continuum for the expression of sovereignty, a new typology for human rights, and a State taxonomy called The GeoNOMOS Model'. The core function proposed for the State reflects the operation of the universal principles of liberty, human dignity and mutual benefit and becomes the qualitative foundation of the GeoNOMOS Model'. The Model outlines a republican notion of liberty framed by four conduct standards supporting human dignity and an "enterprise of law" designed to consistently and meaningfully address human rights in a society of economic traders. It is axiomatic that nothing in the GeoNOMOS Model' exists outside the liberty framework as each State operates domestically [vertical axis] and internationally [horizontal axis] in support of its single core function [to balance and integrate its essential building blocks, eg., economic, social and human capital] within liberty framework, the "enterprise of law", and the proposed typology of human rights.

The Rule of Law in Comparative Perspective

The Rule of Law in Comparative Perspective Book
Author : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Release : 2010-07-23
ISBN : 9789048137497
Language : En, Es, Fr & De

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Book Description :

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Pluralism and Law

Pluralism and Law Book
Author : International Association for Philosophy of Law and Social Philosophy. World Congress,International Association for Philosophy of Law and Social Philosophy
Publisher : Springer Science & Business Media
Release : 2001-06-30
ISBN : 9780792370390
Language : En, Es, Fr & De

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Book Description :

Analogical Reasoning in Secular and Religious Legal Systems

Human Rights Protection System in China

Human Rights Protection System in China Book
Author : Pinghua Sun
Publisher : Springer Science & Business Media
Release : 2013-09-18
ISBN : 3642396631
Language : En, Es, Fr & De

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Book Description :

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

The Legalization of Human Rights

The Legalization of Human Rights Book
Author : Saladin Meckled-García,Basak Çali
Publisher : Routledge
Release : 2006-01-16
ISBN : 1134234546
Language : En, Es, Fr & De

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Book Description :

The concept of 'human rights' as a universal goal is at the centre of the international stage. It is now a key part in discourse, treaties and in domestic jurisdictions. However, as this study shows, the debate around this development is actually about human rights law. This text scrutinizes the extent to which legalization shapes the human rights ideal, and surveys its ethical, political and practical repercussions. How does the law influence what we think about rights? What more is there to such rights than their legal protection? These expert contributors approach these questions from a range of perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science, to deliver a diversity of methodologies. This book is essential reading for those wishing to develop a clear understanding of the relationship between human rights ideals and laws and for those working toward the fostering of a genuine human rights culture.

The SAGE Handbook of Human Rights

The SAGE Handbook of Human Rights Book
Author : Anja Mihr,Mark Gibney
Publisher : SAGE
Release : 2014-07-21
ISBN : 1473914361
Language : En, Es, Fr & De

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Book Description :

The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.

The Changing Legal Orders in Hong Kong and Mainland China Essays on One Country Two Systems

The Changing Legal Orders in Hong Kong and Mainland China  Essays on    One Country  Two Systems    Book
Author : Albert H.Y. Chen
Publisher : City University of HK Press
Release : 2021-03
ISBN : 9629374501
Language : En, Es, Fr & De

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Book Description :

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

The Chinese Road of the Rule of Law

The Chinese Road of the Rule of Law Book
Author : Lin Li
Publisher : Springer
Release : 2018-06-06
ISBN : 9811089655
Language : En, Es, Fr & De

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Book Description :

This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.

Human Rights

Human Rights Book
Author : Christian Tomuschat
Publisher : Oxford University Press, USA
Release : 2014-09-25
ISBN : 0199683735
Language : En, Es, Fr & De

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Book Description :

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Juricultural Pluralism vis vis Treaty Law

Juricultural Pluralism vis    vis Treaty Law Book
Author : Sandra L. Bunn-Livingstone
Publisher : BRILL
Release : 2002-03-01
ISBN : 904740310X
Language : En, Es, Fr & De

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Book Description :

Download Juricultural Pluralism vis vis Treaty Law book written by Sandra L. Bunn-Livingstone, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The Rule of Law Freedom of Expression and Islamic Law

The Rule of Law  Freedom of Expression and Islamic Law Book
Author : Hossein Esmaeili,Irmgard Marboe,Javaid Rehman
Publisher : Bloomsbury Publishing
Release : 2017-12-14
ISBN : 1782257489
Language : En, Es, Fr & De

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Book Description :

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Dialogues on Justice

Dialogues on Justice Book
Author : Helle Porsdam,Thomas Elholm
Publisher : Walter de Gruyter
Release : 2012-04-02
ISBN : 3110269384
Language : En, Es, Fr & De

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Book Description :

The contributions presented in this volume are the result of research activities and interdisciplinary encounters organised by the Nordic Network of Law and Literature. They focus on current discussions on justice in a Nordic and European context. By expanding the focus to justice and humanities – beyond "law and literature" – the authors intend to not only cover law and literature in a traditional (narrow) sense, but to embrace different perspectives closely linked to the research and debate about law and literature, e.g., in cultural studies. The volume specifically deals with four main themes, each of which is described and analysed from different angles, by a scholar with a background in the humanities and a scholar with a legal background (or lawyer), respectively: Law and Humanities – the Road Ahead; History, Memory and Human Rights; Forgiveness and Law; Justice, Culture and Copyright.

Chinese Contemporary Perspectives on International Law

Chinese Contemporary Perspectives on International Law Book
Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Release : 2012-12-03
ISBN : 9004236147
Language : En, Es, Fr & De

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Book Description :

Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.

The Settlement of International Cultural Heritage Disputes

The Settlement of International Cultural Heritage Disputes Book
Author : Alessandro Chechi
Publisher : OUP Oxford
Release : 2014-03-13
ISBN : 0191009083
Language : En, Es, Fr & De

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Book Description :

The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

The Culture of Judicial Independence

The Culture of Judicial Independence Book
Author : Shimon Shetreet,Christopher Forsyth
Publisher : Martinus Nijhoff Publishers
Release : 2011-11-11
ISBN : 9004215859
Language : En, Es, Fr & De

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Book Description :

This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.

Security and Human Rights

Security and Human Rights Book
Author : Benjamin Goold,Liora Lazarus
Publisher : Bloomsbury Publishing
Release : 2007-06-07
ISBN : 1847313620
Language : En, Es, Fr & De

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Book Description :

In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.