Bronagh Byrne
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0024
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter provides a critical assessment of the approach adopted by the United Nations Convention on the Rights of Persons with Disabilities (CRPD) towards children with disabilities and its ...
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This chapter provides a critical assessment of the approach adopted by the United Nations Convention on the Rights of Persons with Disabilities (CRPD) towards children with disabilities and its implications for socializing States Parties to both ‘right’ and ‘rights’ behaviour. It discusses the ways in which ‘rights talk’ for children with disabilities, itself a relatively recent development in this context, has been predominantly needs based in its substantive content, and explores whether the exacerbated disadvantage experienced by children with disabilities as a result of the particular interaction between disability and childhood is effectively addressed and given due weight by the new Convention. The CRPD's provisions are discussed in the context of children with disabilities and their potential to provide effective redress assessed. The chapter concludes with some critical reflections on the extent to which the CRPD can really be understood as minding the gap for children with disabilities.Less
This chapter provides a critical assessment of the approach adopted by the United Nations Convention on the Rights of Persons with Disabilities (CRPD) towards children with disabilities and its implications for socializing States Parties to both ‘right’ and ‘rights’ behaviour. It discusses the ways in which ‘rights talk’ for children with disabilities, itself a relatively recent development in this context, has been predominantly needs based in its substantive content, and explores whether the exacerbated disadvantage experienced by children with disabilities as a result of the particular interaction between disability and childhood is effectively addressed and given due weight by the new Convention. The CRPD's provisions are discussed in the context of children with disabilities and their potential to provide effective redress assessed. The chapter concludes with some critical reflections on the extent to which the CRPD can really be understood as minding the gap for children with disabilities.
Dr. P. G. McHugh
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199699414
- eISBN:
- 9780191732133
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199699414.003.0001
- Subject:
- Law, Public International Law, Legal History
This chapter gives a general historical explanation and contextualisation of the legal milieu in which aboriginal title emerged. It sees it as arising from a confluence of rights-oriented direction ...
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This chapter gives a general historical explanation and contextualisation of the legal milieu in which aboriginal title emerged. It sees it as arising from a confluence of rights-oriented direction of public law (municipal and international) from the civil rights era of the late 1960s with tribal peoples' mobilisation against the increased tempo of state measures of assimilation intended to remove what special legal status the tribes had retained. Though the tribes successfully repelled these measures, the political branches were still slow to legislate for recognition of the tribes traditional land rights — claims that accompanied and grew more vocal with the spurning of assimilation as a driver of national legal policy. The Canadian, New Zealand, and Australian courts' creative use of the common law to recognise these land rights, drawing upon legal argumentation assembled by a handful of key scholars (in western Canada initially), broke that impasse.Less
This chapter gives a general historical explanation and contextualisation of the legal milieu in which aboriginal title emerged. It sees it as arising from a confluence of rights-oriented direction of public law (municipal and international) from the civil rights era of the late 1960s with tribal peoples' mobilisation against the increased tempo of state measures of assimilation intended to remove what special legal status the tribes had retained. Though the tribes successfully repelled these measures, the political branches were still slow to legislate for recognition of the tribes traditional land rights — claims that accompanied and grew more vocal with the spurning of assimilation as a driver of national legal policy. The Canadian, New Zealand, and Australian courts' creative use of the common law to recognise these land rights, drawing upon legal argumentation assembled by a handful of key scholars (in western Canada initially), broke that impasse.
Jeffrey R. Dudas
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804758093
- eISBN:
- 9780804779654
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804758093.001.0001
- Subject:
- Political Science, Political Theory
This is an examination of how grassroots conservative activists use rights discourse to pursue their political goals. It argues that conservative activists engage in frequent and sincere ...
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This is an examination of how grassroots conservative activists use rights discourse to pursue their political goals. It argues that conservative activists engage in frequent and sincere mobilizations of rights talk—a discourse that includes accusations that socially marginal Americans are seeking un-American, “special” rights that violate the nation's commitment to equal rights. The book finds that such rights talk is central both to the identities of conservative activists and to the broad appeal of modern New Right politics. However, through an in-depth case study of opposition on the Indian treaty rights, it establishes that the impact of conservative rights talk is ultimately ambiguous. While conservative rights discourse effectively expresses the nationalistic resentment that saturates New Right politics, it deflects critical scrutiny from the actual causes of that resentment. By tracing the interplay of rights and resentment, this book adds new insight to the prevailing scholarship on law and politics, which typically overlooks the importance of rights discourse for conservative politics.Less
This is an examination of how grassroots conservative activists use rights discourse to pursue their political goals. It argues that conservative activists engage in frequent and sincere mobilizations of rights talk—a discourse that includes accusations that socially marginal Americans are seeking un-American, “special” rights that violate the nation's commitment to equal rights. The book finds that such rights talk is central both to the identities of conservative activists and to the broad appeal of modern New Right politics. However, through an in-depth case study of opposition on the Indian treaty rights, it establishes that the impact of conservative rights talk is ultimately ambiguous. While conservative rights discourse effectively expresses the nationalistic resentment that saturates New Right politics, it deflects critical scrutiny from the actual causes of that resentment. By tracing the interplay of rights and resentment, this book adds new insight to the prevailing scholarship on law and politics, which typically overlooks the importance of rights discourse for conservative politics.
M. Anne Brown
- Published in print:
- 2002
- Published Online:
- July 2012
- ISBN:
- 9780719061059
- eISBN:
- 9781781700365
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719061059.003.0002
- Subject:
- Political Science, Comparative Politics
In his work on human rights in international relations, R. J. Vincent states that ‘human rights’ is a readily used term that has become a ‘staple of world politics’. This chapter examines some of the ...
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In his work on human rights in international relations, R. J. Vincent states that ‘human rights’ is a readily used term that has become a ‘staple of world politics’. This chapter examines some of the orders of thought that dominate human rights promotion and shape the meaning of this powerful, complex and in some ways contradictory tool of rights and ‘rights talk’. First, it considers the polarity of universalism and relativism that structures much of what it is possible to say on human rights. Second, it looks at the story of the Lockean social contract, as one still potent myth of the origin for human rights and more broadly as a mechanism for conceptualising the human political community and ethics in the liberal state. The chapter questions the adequacy of these constructions for responding to the complexity of systemic infliction of injury. It then looks at the dominant theoretical accounts of international politics that have formed a central platform for the debate and, to some extent, for practice regarding rights in the international arena.Less
In his work on human rights in international relations, R. J. Vincent states that ‘human rights’ is a readily used term that has become a ‘staple of world politics’. This chapter examines some of the orders of thought that dominate human rights promotion and shape the meaning of this powerful, complex and in some ways contradictory tool of rights and ‘rights talk’. First, it considers the polarity of universalism and relativism that structures much of what it is possible to say on human rights. Second, it looks at the story of the Lockean social contract, as one still potent myth of the origin for human rights and more broadly as a mechanism for conceptualising the human political community and ethics in the liberal state. The chapter questions the adequacy of these constructions for responding to the complexity of systemic infliction of injury. It then looks at the dominant theoretical accounts of international politics that have formed a central platform for the debate and, to some extent, for practice regarding rights in the international arena.
Frederick Powell
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9781861347640
- eISBN:
- 9781447303947
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861347640.003.0006
- Subject:
- Sociology, Organizations
This chapter discusses the emergence of rights talk and moral protests. It explains that social movements became the vehicles that provided expression to this new politics. It details that human ...
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This chapter discusses the emergence of rights talk and moral protests. It explains that social movements became the vehicles that provided expression to this new politics. It details that human rights had become an overarching discourse, used by new social movements to benchmark their campaigns for greater democracy and social justice.Less
This chapter discusses the emergence of rights talk and moral protests. It explains that social movements became the vehicles that provided expression to this new politics. It details that human rights had become an overarching discourse, used by new social movements to benchmark their campaigns for greater democracy and social justice.
Fred Powell
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9781447307150
- eISBN:
- 9781447310853
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447307150.003.0007
- Subject:
- Political Science, Public Policy
Chapter 6 moves beyond liberal notions of human rights based upon the protection of the individual. The UN Declaration of Human Rights (1948) was a landmark in protecting citizens from tyranny whose ...
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Chapter 6 moves beyond liberal notions of human rights based upon the protection of the individual. The UN Declaration of Human Rights (1948) was a landmark in protecting citizens from tyranny whose importance cannot be overstated. But there is another tradition of human rights, dating back to Tom Paine’s Rights of Man (1791 - 1792) that links human rights to moral protest and democratic struggle to create a ‘civilised society’. In this chapter is argued that dissident struggles and social movements have become the collective expressions of ‘rights talk’, in which citizens have created (1) an alternative democratic space to Parliament as a top-down model of democracy; (2) a bottom-up forum, based upon multiple counter-publics, continuously seeking to renegotiate power relations and; (3) through the influence of civic insurrections in 1989 and 2011, changed the democratic narrative. This is a vital manifestation of civil society in terms of the collective expression of human rights in the tradition of radical humanism.Less
Chapter 6 moves beyond liberal notions of human rights based upon the protection of the individual. The UN Declaration of Human Rights (1948) was a landmark in protecting citizens from tyranny whose importance cannot be overstated. But there is another tradition of human rights, dating back to Tom Paine’s Rights of Man (1791 - 1792) that links human rights to moral protest and democratic struggle to create a ‘civilised society’. In this chapter is argued that dissident struggles and social movements have become the collective expressions of ‘rights talk’, in which citizens have created (1) an alternative democratic space to Parliament as a top-down model of democracy; (2) a bottom-up forum, based upon multiple counter-publics, continuously seeking to renegotiate power relations and; (3) through the influence of civic insurrections in 1989 and 2011, changed the democratic narrative. This is a vital manifestation of civil society in terms of the collective expression of human rights in the tradition of radical humanism.
Nicholas P. Wolterstorff
- Published in print:
- 2011
- Published Online:
- March 2015
- ISBN:
- 9780199733453
- eISBN:
- 9780190258269
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199733453.003.0002
- Subject:
- Religion, Religion and Society
This chapter examines the relationship between Christianity and human rights, with particular emphasis on whether there is some integral connection between Christian thought and the idea of natural ...
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This chapter examines the relationship between Christianity and human rights, with particular emphasis on whether there is some integral connection between Christian thought and the idea of natural human rights. After explaining what human rights are, it explores the argument that Christian thought does not have any significant link with the idea of natural human rights, and that a deep understanding of the idea of natural rights is inimical to Christianity. It then considers why a lot of Christians in the twentieth century, mainly Protestants, have rejected the idea of natural rights in general, and to natural human rights in particular. It also discusses the claim that rights-talk in general, and natural rights-talk in particular, express and promote possessive agonistic individualism. Finally, the chapter analyzes what the church fathers and the Christian Scripture say about natural human rights, and why the Christian tradition has gone beyond affirming the existence of natural rights to affirming natural human rights.Less
This chapter examines the relationship between Christianity and human rights, with particular emphasis on whether there is some integral connection between Christian thought and the idea of natural human rights. After explaining what human rights are, it explores the argument that Christian thought does not have any significant link with the idea of natural human rights, and that a deep understanding of the idea of natural rights is inimical to Christianity. It then considers why a lot of Christians in the twentieth century, mainly Protestants, have rejected the idea of natural rights in general, and to natural human rights in particular. It also discusses the claim that rights-talk in general, and natural rights-talk in particular, express and promote possessive agonistic individualism. Finally, the chapter analyzes what the church fathers and the Christian Scripture say about natural human rights, and why the Christian tradition has gone beyond affirming the existence of natural rights to affirming natural human rights.
Menachem Mautner
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199600564
- eISBN:
- 9780191729188
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600564.003.0001
- Subject:
- Law, Philosophy of Law
Over a short span of time in the course of the 1980s, Israel's Supreme Court introduced a series of far-reaching changes into its jurisprudence: it adopted highly activist doctrines enabling it to ...
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Over a short span of time in the course of the 1980s, Israel's Supreme Court introduced a series of far-reaching changes into its jurisprudence: it adopted highly activist doctrines enabling it to sweepingly intervene in decisions undertaken by other branches of the state; it substituted its formalistic style of reasoning with a value-laden approach; and it adopted a perception of itself as a political institution. These changes should be understood in the context of the great historical processes that began to take place in Israel in the second half of the 1970s: The decline of the political, social, and cultural hegemony of the Labor movement; the rise of Jewish religious fundamentalism; and the renewal of the struggle between secular and religious Jews over the country's future cultural orientation. The Court, the state institution most closely identified with liberal values, collaborated with the secular group in its struggle. The Court has paid a heavy price for its identification with one of the two major groups contending in the struggle over the shaping of Israeli culture. The Court's new jurisprudence resulted in excessive legalization of decision-making processes. It also bred all the malaises associated with the prevalence of rights talk. In addition to the schism within the Jewish group, there is an additional, profound schism between the Jewish group and the Arab group, which constitutes around 20% of the country's population. Israel officially defines itself as a ‘Jewish and democratic state’, but demographically it is a bi-national state. The discrepancy between the definition and the demography will continue to give rise to many of the problems Israel faces in the coming years.Less
Over a short span of time in the course of the 1980s, Israel's Supreme Court introduced a series of far-reaching changes into its jurisprudence: it adopted highly activist doctrines enabling it to sweepingly intervene in decisions undertaken by other branches of the state; it substituted its formalistic style of reasoning with a value-laden approach; and it adopted a perception of itself as a political institution. These changes should be understood in the context of the great historical processes that began to take place in Israel in the second half of the 1970s: The decline of the political, social, and cultural hegemony of the Labor movement; the rise of Jewish religious fundamentalism; and the renewal of the struggle between secular and religious Jews over the country's future cultural orientation. The Court, the state institution most closely identified with liberal values, collaborated with the secular group in its struggle. The Court has paid a heavy price for its identification with one of the two major groups contending in the struggle over the shaping of Israeli culture. The Court's new jurisprudence resulted in excessive legalization of decision-making processes. It also bred all the malaises associated with the prevalence of rights talk. In addition to the schism within the Jewish group, there is an additional, profound schism between the Jewish group and the Arab group, which constitutes around 20% of the country's population. Israel officially defines itself as a ‘Jewish and democratic state’, but demographically it is a bi-national state. The discrepancy between the definition and the demography will continue to give rise to many of the problems Israel faces in the coming years.
John Gardner
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198818755
- eISBN:
- 9780191859656
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198818755.003.0002
- Subject:
- Law, Philosophy of Law
This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on ...
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This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on private law, and the hypo-relationalism of others. It does so in two moves. First, it introduces the idea of a ‘strictly relational’ duty, which is a duty that one has for the reason that one is in a certain relationship. The second move goes further to argue that private law duties need not be and often are not strictly relational. They are only ‘loosely relational’. The distinction between these moves is explored and refined by reflecting on the duty of care in the law of negligence, and its modern history. Finally, this chapter considers the import, but also the theoretical dispensability, of rights-talk in private law.Less
This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on private law, and the hypo-relationalism of others. It does so in two moves. First, it introduces the idea of a ‘strictly relational’ duty, which is a duty that one has for the reason that one is in a certain relationship. The second move goes further to argue that private law duties need not be and often are not strictly relational. They are only ‘loosely relational’. The distinction between these moves is explored and refined by reflecting on the duty of care in the law of negligence, and its modern history. Finally, this chapter considers the import, but also the theoretical dispensability, of rights-talk in private law.
