Daniel A. Bell and Nicola Piper
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199277629
- eISBN:
- 9780191603303
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199277621.003.0009
- Subject:
- Political Science, Political Theory
The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their ...
More
The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their descendants. The situation is different in developed East Asian societies, where the most migrant workers work under short-term contracts without the possibility of becoming equal members of the political community. It is argued that the special circumstances in East Asian societies may justify arrangements for differential rights. The practice of hiring foreign domestic workers ‘fits’ better with the Confucian cultural heritage in East Asia; there are cultural particularities underpinning the system in East Asia which may not be shared elsewhere.Less
The trend in Western liberal democracies is to extend to long-term residents most, if not all, the legal rights of citizens and improving their access to citizenship for immigrants and their descendants. The situation is different in developed East Asian societies, where the most migrant workers work under short-term contracts without the possibility of becoming equal members of the political community. It is argued that the special circumstances in East Asian societies may justify arrangements for differential rights. The practice of hiring foreign domestic workers ‘fits’ better with the Confucian cultural heritage in East Asia; there are cultural particularities underpinning the system in East Asia which may not be shared elsewhere.
Tanja A. Börzel and Rachel A. Cichowski (eds)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.001.0001
- Subject:
- Political Science, European Union
This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes ...
More
This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of recent key events in the EU, while illuminating how these institutional (formal legal) developments impact on ordinary individuals and EU politics. For example, it examines the European Convention with the possibility of an EU constitution, and asks what impact the creation of judicially enforceable rights may have on Europeans and European integration, and how the opportunity for new rights claims alters the balance of power between individuals and EU organizations (such as the European Court of Justice vis‐á‐vis national governments in EU policy expansion). The book also seeks to provide a unique and interdisciplinary approach to studying the EU by bringing together legal scholars and political scientists. Chapter contributors offer readers sophisticated theoretical and empirical accounts of new developments. Issues such as enlargement, immigration reform, and monetary union require a precise understanding of an increasingly complex set of formal legal rules (the domain of legal scholars), and, equally important, of the effects on ordinary citizens and political participation (the power struggles that concern political scientists). The volume seeks to integrate these two approaches and bridge the divide between them. It is arranged in eight parts: I, EU Law and Politics: The State of the Discipline (3 chapters concerned with broad changes, both theoretical and substantive, in the area of EU politics and law); II, Structures of Governance (3 chapters providing in‐depth analyses of new structures of governance and modes of decision making in the EU); III, EU Citizen Rights and Civil Society (2 chapters) and IV, EU Law in Action (3 chapters), which engage the many processes and recent developments characterizing the interactions between law, politics, and society in the EU; V, Innovation and Expansion (3 chapters analysing the salient policy innovations and expansion since 2000, from monetary to immigration policy); VI, Researching and Teaching the EU (2 chapters discussing cutting‐edge techniques, methodology, and resources for research and teaching in the area of EU studies); VII, References; and VIII, List of Contributors.Less
This is the sixth volume in the biennial series State of the European Union, which was launched in 1991 and is produced under the auspices of the European Union Studies Association (EUSA). It takes the dynamic interaction between law, politics, and society as a starting point to think critically about recent developments and future innovations in European integration and EU studies. The book provides an overview of recent key events in the EU, while illuminating how these institutional (formal legal) developments impact on ordinary individuals and EU politics. For example, it examines the European Convention with the possibility of an EU constitution, and asks what impact the creation of judicially enforceable rights may have on Europeans and European integration, and how the opportunity for new rights claims alters the balance of power between individuals and EU organizations (such as the European Court of Justice vis‐á‐vis national governments in EU policy expansion). The book also seeks to provide a unique and interdisciplinary approach to studying the EU by bringing together legal scholars and political scientists. Chapter contributors offer readers sophisticated theoretical and empirical accounts of new developments. Issues such as enlargement, immigration reform, and monetary union require a precise understanding of an increasingly complex set of formal legal rules (the domain of legal scholars), and, equally important, of the effects on ordinary citizens and political participation (the power struggles that concern political scientists). The volume seeks to integrate these two approaches and bridge the divide between them. It is arranged in eight parts: I, EU Law and Politics: The State of the Discipline (3 chapters concerned with broad changes, both theoretical and substantive, in the area of EU politics and law); II, Structures of Governance (3 chapters providing in‐depth analyses of new structures of governance and modes of decision making in the EU); III, EU Citizen Rights and Civil Society (2 chapters) and IV, EU Law in Action (3 chapters), which engage the many processes and recent developments characterizing the interactions between law, politics, and society in the EU; V, Innovation and Expansion (3 chapters analysing the salient policy innovations and expansion since 2000, from monetary to immigration policy); VI, Researching and Teaching the EU (2 chapters discussing cutting‐edge techniques, methodology, and resources for research and teaching in the area of EU studies); VII, References; and VIII, List of Contributors.
Jacques Werner
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199578184
- eISBN:
- 9780191722561
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578184.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private ...
More
This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.Less
This chapter explains why investor-state arbitration is often wrongfully likened to international commercial arbitration among private parties. Investor-state arbitrations involve not only private business interests but also public policies of the host state and citizen rights. Arbitral awards on investor-state disputes risk lacking credibility and democratic acceptability if they overrule, in non-transparent proceedings, democratically legitimate government decisions on grounds of investor-state contracts. Similar to the introduction of appellate review in the GATT/WTO dispute settlement system, the transparency, legitimacy, and legal coherence of investor-state arbitration could be enhanced by introduction of an appellate instance.
Michael Moore
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199599493
- eISBN:
- 9780191594649
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599493.003.0018
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
The last piece of the puzzle needed by a rational, retributivist legislator is a theory of the restraints she should observe in prohibiting moral wrongs. Promise-breaking may be morally wrong, for ...
More
The last piece of the puzzle needed by a rational, retributivist legislator is a theory of the restraints she should observe in prohibiting moral wrongs. Promise-breaking may be morally wrong, for example, but it should not be criminally prohibited. Prominent among such restraints is the general right to liberty, making it worse for a legislator to prohibit some moral wrongs than it would be to allow citizens to choose (even wrongly) whether to do such morally wrongful actions. This chapter develops a presumption of liberty (and of the values that stand behind it). It defends a derived right to liberty (where the citizen's right is derived from the more basic legislative duty to enact legislation for some reasons and not others). It also defines a sphere of basic liberty (immune to state regulation for all but the most compelling of reasons) in terms of self-identity. By way of example, these three notions are applied to the legal prohibition of recreational drug use.Less
The last piece of the puzzle needed by a rational, retributivist legislator is a theory of the restraints she should observe in prohibiting moral wrongs. Promise-breaking may be morally wrong, for example, but it should not be criminally prohibited. Prominent among such restraints is the general right to liberty, making it worse for a legislator to prohibit some moral wrongs than it would be to allow citizens to choose (even wrongly) whether to do such morally wrongful actions. This chapter develops a presumption of liberty (and of the values that stand behind it). It defends a derived right to liberty (where the citizen's right is derived from the more basic legislative duty to enact legislation for some reasons and not others). It also defines a sphere of basic liberty (immune to state regulation for all but the most compelling of reasons) in terms of self-identity. By way of example, these three notions are applied to the legal prohibition of recreational drug use.
Thomas E. Hill Jr.
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199692002
- eISBN:
- 9780191741241
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692002.003.0015
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
This chapter sketches a Kantian deliberative perspective, the moral presumption in favor of humanitarian interventions, relevant practical considerations, and Kant’s apparently inflexible opposition ...
More
This chapter sketches a Kantian deliberative perspective, the moral presumption in favor of humanitarian interventions, relevant practical considerations, and Kant’s apparently inflexible opposition to any forcible intervention in the governance or constitution of another state. The critical questions then are: (1) Does a government’s responsibility to its citizens prohibit intervention primarily for the sake of citizens of other countries? (2) Does the case for humanitarian intervention depend on illegitimate ideas about the right to punish or forfeiture of the right to govern? (3) Does forceful intervention in the governance of another state necessarily violate the rights of the citizens of that state? At issue are relations among ethics, law, and international relations. The chapter concludes that (1) Kant’s ethics rightly indicates that there is a presumption in favor of humanitarian interventions in some cases, (2) he wisely points to grounds for caution, avoiding punitive motives, and respecting the reasonable will of the citizens in other states, but (3) in the arguments reviewed here Kant did not provide adequate reasons for an absolute prohibition of humanitarian interventions in all cases.Less
This chapter sketches a Kantian deliberative perspective, the moral presumption in favor of humanitarian interventions, relevant practical considerations, and Kant’s apparently inflexible opposition to any forcible intervention in the governance or constitution of another state. The critical questions then are: (1) Does a government’s responsibility to its citizens prohibit intervention primarily for the sake of citizens of other countries? (2) Does the case for humanitarian intervention depend on illegitimate ideas about the right to punish or forfeiture of the right to govern? (3) Does forceful intervention in the governance of another state necessarily violate the rights of the citizens of that state? At issue are relations among ethics, law, and international relations. The chapter concludes that (1) Kant’s ethics rightly indicates that there is a presumption in favor of humanitarian interventions in some cases, (2) he wisely points to grounds for caution, avoiding punitive motives, and respecting the reasonable will of the citizens in other states, but (3) in the arguments reviewed here Kant did not provide adequate reasons for an absolute prohibition of humanitarian interventions in all cases.
Henry Phelps Brown
- Published in print:
- 1988
- Published Online:
- November 2003
- ISBN:
- 9780198286486
- eISBN:
- 9780191596773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198286481.003.0004
- Subject:
- Economics and Finance, Public and Welfare
The major part of this chapter is devoted to the two great revolutions of the eighteenth century––the American and French, both of which claimed the equality of man at their outset, but it starts by ...
More
The major part of this chapter is devoted to the two great revolutions of the eighteenth century––the American and French, both of which claimed the equality of man at their outset, but it starts by looking at the ideas of John Locke in Britain at the end of the seventeenth century. Locke had been working out a philosophy of government that was to exercise international influence throughout the following century and to lay the philosophical foundations for the American Revolution, and he affirmed near the start of his enquiry (and as a by‐product of his argument) the original equality of man in the state of nature. The second section of the chapter examines the American Declaration of Independence in relation to belief in equality, and the third examines the French Declaration of the Rights of Men and Citizens. Most of the rest of the chapter considers the situation in Britain in the eighteenth century––looking first at social inequality, and then at the English tradition of revolt and levelling (the Levellers). The final section briefly considers the limits of eighteenth‐century liberalism.Less
The major part of this chapter is devoted to the two great revolutions of the eighteenth century––the American and French, both of which claimed the equality of man at their outset, but it starts by looking at the ideas of John Locke in Britain at the end of the seventeenth century. Locke had been working out a philosophy of government that was to exercise international influence throughout the following century and to lay the philosophical foundations for the American Revolution, and he affirmed near the start of his enquiry (and as a by‐product of his argument) the original equality of man in the state of nature. The second section of the chapter examines the American Declaration of Independence in relation to belief in equality, and the third examines the French Declaration of the Rights of Men and Citizens. Most of the rest of the chapter considers the situation in Britain in the eighteenth century––looking first at social inequality, and then at the English tradition of revolt and levelling (the Levellers). The final section briefly considers the limits of eighteenth‐century liberalism.
Deborah Kamen
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691138138
- eISBN:
- 9781400846535
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691138138.003.0001
- Subject:
- History, Ancient History / Archaeology
This introductory chapter sets out the book's purpose, namely to provide a thick description of Athenian status, ultimately broaching larger questions about the relationship between Athenian ...
More
This introductory chapter sets out the book's purpose, namely to provide a thick description of Athenian status, ultimately broaching larger questions about the relationship between Athenian citizenship and civic ideology. “Civic ideology” here refers to the conception that all Athenian citizens—and only Athenian citizens—were autochthonous (that is, descended from ancestors “born from the earth” of Attica) and engaged in the political and military life of the city. This survey of statuses will demonstrate, among other things, that Athenian democracy was both more closed and more open than civic ideology might lead us to think: on the one hand, only some citizen males exercised full citizen rights; on the other, even noncitizens and naturalized citizens were, to varying degrees, partial shareholders in the Athenian polis.Less
This introductory chapter sets out the book's purpose, namely to provide a thick description of Athenian status, ultimately broaching larger questions about the relationship between Athenian citizenship and civic ideology. “Civic ideology” here refers to the conception that all Athenian citizens—and only Athenian citizens—were autochthonous (that is, descended from ancestors “born from the earth” of Attica) and engaged in the political and military life of the city. This survey of statuses will demonstrate, among other things, that Athenian democracy was both more closed and more open than civic ideology might lead us to think: on the one hand, only some citizen males exercised full citizen rights; on the other, even noncitizens and naturalized citizens were, to varying degrees, partial shareholders in the Athenian polis.
Manuel Castells
- Published in print:
- 2002
- Published Online:
- September 2011
- ISBN:
- 9780199255771
- eISBN:
- 9780191698279
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199255771.003.0006
- Subject:
- Business and Management, Information Technology
This chapter examines the interaction between the Internet and processes of socio-political conflict, representation, and management by focusing on four distinct, though related, areas in which this ...
More
This chapter examines the interaction between the Internet and processes of socio-political conflict, representation, and management by focusing on four distinct, though related, areas in which this interaction takes place. These areas include the new dynamics of social movements, the computer networking of local communities and their relevance for citizen participation, the uses of the Internet in the practice of informal politics, and the emergence of ‘noopolitik’ and cyberwarfare on the geopolitical stage. It explains that the Internet offers extraordinary potential for the expression of citizen rights, and for the communication of human values. The Internet cannot substitute for social change or political reform; however, it does contribute to democratization.Less
This chapter examines the interaction between the Internet and processes of socio-political conflict, representation, and management by focusing on four distinct, though related, areas in which this interaction takes place. These areas include the new dynamics of social movements, the computer networking of local communities and their relevance for citizen participation, the uses of the Internet in the practice of informal politics, and the emergence of ‘noopolitik’ and cyberwarfare on the geopolitical stage. It explains that the Internet offers extraordinary potential for the expression of citizen rights, and for the communication of human values. The Internet cannot substitute for social change or political reform; however, it does contribute to democratization.
Dan Edelstein
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780226588988
- eISBN:
- 9780226589039
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226589039.003.0007
- Subject:
- History, History of Ideas
When the French themselves began drafting their own Declaration, they clearly had American models in mind: two-thirds of the final French articles have antecedents in American texts. But this family ...
More
When the French themselves began drafting their own Declaration, they clearly had American models in mind: two-thirds of the final French articles have antecedents in American texts. But this family resemblance is also misleading. The French did not have the same judicial tradition to draw on. Instead, they adhered to the continental natural law tradition and sought the perfection of civil law on the basis of natural law. Rights, in this perspective, did not always trump laws. Critics who fault the 1789 Declaration for succumbing to légicentrisme are thus misguided. The French concern with la loi is not a legacy of Louisquatorzian centralization, but rather of a venerable, pan-European discipline of natural law. But the French did have their own constitutional legacy, which would come into conflict with this doctrine of social naturalism. Absent from the Declaration itself, the demand for protections of national rights would come to dominate political discourse after 1789. As France lurched from crisis to crisis, these collective rights came to be seen as more critical than individual ones. Those who violated these rights became the worst kind of enemy: l’ennemi du peuple, who would be the target of violent legislation during the Terror.Less
When the French themselves began drafting their own Declaration, they clearly had American models in mind: two-thirds of the final French articles have antecedents in American texts. But this family resemblance is also misleading. The French did not have the same judicial tradition to draw on. Instead, they adhered to the continental natural law tradition and sought the perfection of civil law on the basis of natural law. Rights, in this perspective, did not always trump laws. Critics who fault the 1789 Declaration for succumbing to légicentrisme are thus misguided. The French concern with la loi is not a legacy of Louisquatorzian centralization, but rather of a venerable, pan-European discipline of natural law. But the French did have their own constitutional legacy, which would come into conflict with this doctrine of social naturalism. Absent from the Declaration itself, the demand for protections of national rights would come to dominate political discourse after 1789. As France lurched from crisis to crisis, these collective rights came to be seen as more critical than individual ones. Those who violated these rights became the worst kind of enemy: l’ennemi du peuple, who would be the target of violent legislation during the Terror.
Alex Mold
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780719095313
- eISBN:
- 9781781708606
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719095313.003.0005
- Subject:
- Sociology, Comparative and Historical Sociology
The aim of this chapter is to explore the broader meaning and application of rights talk in connection with health from the 1970s to the early 1990s. It begins by considering the various ways in ...
More
The aim of this chapter is to explore the broader meaning and application of rights talk in connection with health from the 1970s to the early 1990s. It begins by considering the various ways in which the language of rights was used in the context of health. The chapter then moves on to consider the application of such language, through attempts to introduce a Rights of Patients Bill. A selection of patient’s rights guides and charters are also analysed, and the chapter suggests that it was unclear whether these were addressed to the individual patient, or all patients. A more collective understanding of patients’ rights was exhibited by organisations such as the Community Rights Project, which aimed to enhance democracy and accountability within the NHS through the language of rights. The establishment of Department of Health’s The Patient’s Charter in 1991, however, undermined such collective conceptualisations of rights. Addressed to the individual patient rather than all patients, The Patient’s Charter was indicative not only of an individualised approach to patients’ rights, but of a wider shift in the conceptualisation of the patient as consumer and who could speak for this figure.Less
The aim of this chapter is to explore the broader meaning and application of rights talk in connection with health from the 1970s to the early 1990s. It begins by considering the various ways in which the language of rights was used in the context of health. The chapter then moves on to consider the application of such language, through attempts to introduce a Rights of Patients Bill. A selection of patient’s rights guides and charters are also analysed, and the chapter suggests that it was unclear whether these were addressed to the individual patient, or all patients. A more collective understanding of patients’ rights was exhibited by organisations such as the Community Rights Project, which aimed to enhance democracy and accountability within the NHS through the language of rights. The establishment of Department of Health’s The Patient’s Charter in 1991, however, undermined such collective conceptualisations of rights. Addressed to the individual patient rather than all patients, The Patient’s Charter was indicative not only of an individualised approach to patients’ rights, but of a wider shift in the conceptualisation of the patient as consumer and who could speak for this figure.
A. G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This omnibus is a collection of essays that focuses on issues concerning the president of India, along with parliament, the judiciary, the states, the armed forces, the process of accountability, the ...
More
This omnibus is a collection of essays that focuses on issues concerning the president of India, along with parliament, the judiciary, the states, the armed forces, the process of accountability, the Election Commission, and the civil services. It brings together two volumes, Constitutional Questions in India and Citizens' Rights, Judges and State Accountability, published in 2000 and 2002 respectively. The first volume looks at the politically tumultuous years between 1989 and 1999, while the second examines the elections, institutions, and various commissions of enquiry created by the government. The two volumes revolve around a central theme, the rule of law in democratic society, and discusses issues ranging from Parliament's powers and responsibilities, respect for federalism, judges' powers and duties, and citizen's rights as well as the corresponding duty of accountability that devolves on the state. Other topics covered by the omnibus include freedom of information and the citizen's right to know, foreign policy, the sanctity of the Constitution, parliamentary resolutions, the court's powers of contempt, and the right to strike. While the volume highlights the process of accountability across India's institutions, it demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.Less
This omnibus is a collection of essays that focuses on issues concerning the president of India, along with parliament, the judiciary, the states, the armed forces, the process of accountability, the Election Commission, and the civil services. It brings together two volumes, Constitutional Questions in India and Citizens' Rights, Judges and State Accountability, published in 2000 and 2002 respectively. The first volume looks at the politically tumultuous years between 1989 and 1999, while the second examines the elections, institutions, and various commissions of enquiry created by the government. The two volumes revolve around a central theme, the rule of law in democratic society, and discusses issues ranging from Parliament's powers and responsibilities, respect for federalism, judges' powers and duties, and citizen's rights as well as the corresponding duty of accountability that devolves on the state. Other topics covered by the omnibus include freedom of information and the citizen's right to know, foreign policy, the sanctity of the Constitution, parliamentary resolutions, the court's powers of contempt, and the right to strike. While the volume highlights the process of accountability across India's institutions, it demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
Lynn Dobson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780719069529
- eISBN:
- 9781781702154
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719069529.003.0002
- Subject:
- Political Science, European Union
Chapter 1 provides a working definition of the concept of citizenship, prior to its contested conceptions, and a selective critical overview of some current approaches to its theory. Citizenship ...
More
Chapter 1 provides a working definition of the concept of citizenship, prior to its contested conceptions, and a selective critical overview of some current approaches to its theory. Citizenship denotes the relationship between an individual and a political locus, a relationship specifiable in three domains: reciprocal obligation, inter-subjective belonging, and action on matters of common concern. Our standard thinking about citizenship has assumed a nation-state, and has difficulties in conceptualising a non-national citizenship. Furthermore, many understandings of citizenship see it as privilege-conferring, a view to be rejected here. The chapter discusses the enduring influence of Marshall within this tradition of thinking about citizenship, and claims that the two assumptions on which his conception was predicated – that citizenship is the qualifying condition for entry into systems of rights, and that the only political community guaranteeing rights is the state – no longer hold. Conceptions of citizenship now need to notice the development of international human rights regimes, including the extension of rights to non-citizens.Less
Chapter 1 provides a working definition of the concept of citizenship, prior to its contested conceptions, and a selective critical overview of some current approaches to its theory. Citizenship denotes the relationship between an individual and a political locus, a relationship specifiable in three domains: reciprocal obligation, inter-subjective belonging, and action on matters of common concern. Our standard thinking about citizenship has assumed a nation-state, and has difficulties in conceptualising a non-national citizenship. Furthermore, many understandings of citizenship see it as privilege-conferring, a view to be rejected here. The chapter discusses the enduring influence of Marshall within this tradition of thinking about citizenship, and claims that the two assumptions on which his conception was predicated – that citizenship is the qualifying condition for entry into systems of rights, and that the only political community guaranteeing rights is the state – no longer hold. Conceptions of citizenship now need to notice the development of international human rights regimes, including the extension of rights to non-citizens.
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/9780719061059.003.0007
- Subject:
- Political Science, Comparative Politics
This book has explored the promotion of human rights practices and approaches in international life. It has argued for a shift in approach—a greater preparedness to reflect on some of the categories ...
More
This book has explored the promotion of human rights practices and approaches in international life. It has argued for a shift in approach—a greater preparedness to reflect on some of the categories by which we construct our sense of human rights and some acknowledgment of the limits of our understanding, or even of our ignorance, of the complex life to which these categories, particularly that of the human, refer. This way of conceptualising human rights has provided a remarkably powerful framework for the characterisation of both the individual and political community and for the identification of abuse. Moreover, it has to a significant extent shaped the terms in which general debate over human rights in international politics has been repeatedly cast, particularly the polarity of universalism and relativism, of the ‘rights of man’ and the citizen's rights, and of political and economic (or social or cultural) rights. Human rights practices are not part of a progression to perfection, or its approximation, but a way of working with the systemic generation of suffering.Less
This book has explored the promotion of human rights practices and approaches in international life. It has argued for a shift in approach—a greater preparedness to reflect on some of the categories by which we construct our sense of human rights and some acknowledgment of the limits of our understanding, or even of our ignorance, of the complex life to which these categories, particularly that of the human, refer. This way of conceptualising human rights has provided a remarkably powerful framework for the characterisation of both the individual and political community and for the identification of abuse. Moreover, it has to a significant extent shaped the terms in which general debate over human rights in international politics has been repeatedly cast, particularly the polarity of universalism and relativism, of the ‘rights of man’ and the citizen's rights, and of political and economic (or social or cultural) rights. Human rights practices are not part of a progression to perfection, or its approximation, but a way of working with the systemic generation of suffering.
A.G. Noorani
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195678291
- eISBN:
- 9780199080588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195678291.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme ...
More
This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).Less
This chapter focuses on the Supreme Court's arbitrary use of its contempt power as shown in its judgment on the case of contempt against Arundhati Roy. In the last decade and a half, the Supreme Court has shown a touchiness that is unbecoming in the highest court in the land, a selectivity in the application of the law, a total indifference to the limits of its power and, with it, a cavalier disregard for the citizen's rights when charged with contempt. This is most unfortunate in a court which the Constitution not only empowers and enjoins to enforce the fundamental rights, but makes this right of the citizen to move the court itself a fundamental right (Article 32).
Carolyn L. Karcher
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781469627953
- eISBN:
- 9781469627977
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469627953.003.0004
- Subject:
- History, African-American History
Chapter 4 examines the National Citizens’ Rights Association (NCRA), the interracial civil rights organization Tourgée founded in October 1891 to agitate for equal citizenship. After detailing ...
More
Chapter 4 examines the National Citizens’ Rights Association (NCRA), the interracial civil rights organization Tourgée founded in October 1891 to agitate for equal citizenship. After detailing African American newspaper editors’ role in publicizing the NCRA, the chapter focuses on the organization’s three main membership groups: black Southerners, black Northerners, and white Northerners. Their letters to Tourgée show how members enlisted new recruits, used Tourgée as a secret conduit for reporting local atrocities, and expressed frustration with his refusal to move beyond recruitment to a concrete plan of action. In turn, Tourgée’s replies provide insight into the obstacles that prevented the NCRA from fulfilling its ambitious goals: his deficiencies as an organizer, his lack of access to capital, the repression that limited black Southerners’ activities, the inadequate enrollment of black Northerners, and the racial separatism that deterred whites and blacks from socializing together.Less
Chapter 4 examines the National Citizens’ Rights Association (NCRA), the interracial civil rights organization Tourgée founded in October 1891 to agitate for equal citizenship. After detailing African American newspaper editors’ role in publicizing the NCRA, the chapter focuses on the organization’s three main membership groups: black Southerners, black Northerners, and white Northerners. Their letters to Tourgée show how members enlisted new recruits, used Tourgée as a secret conduit for reporting local atrocities, and expressed frustration with his refusal to move beyond recruitment to a concrete plan of action. In turn, Tourgée’s replies provide insight into the obstacles that prevented the NCRA from fulfilling its ambitious goals: his deficiencies as an organizer, his lack of access to capital, the repression that limited black Southerners’ activities, the inadequate enrollment of black Northerners, and the racial separatism that deterred whites and blacks from socializing together.
Tracy E. K’Meyer
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125398
- eISBN:
- 9780813135274
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125398.003.0002
- Subject:
- History, African-American History
This chapter discusses the story of the Interracial Hospital Movement (IHM) which contains many of the elements characteristic of the early civil rights movement in postwar Louisville. It provides ...
More
This chapter discusses the story of the Interracial Hospital Movement (IHM) which contains many of the elements characteristic of the early civil rights movement in postwar Louisville. It provides that as in the IHM, a variety of black, white, and biracial worker, religious, youth, and civic organizations came together in ad hoc interracial coalitions to target specific problems, developing a tradition in the city of white and black cooperation in equal rights campaigns. It notes that in this period, Louisville activists argued that African Americans as citizens had the right to equal access to tax-supported jobs and facilities, identifying them as two linked manifestations of government-enforced Jim Crow. It emphasizes that piecemeal success in these areas laid the groundwork for the city's progressive self-image as a leader for the South in race relations, an image that played a significant role in struggles throughout the movement era.Less
This chapter discusses the story of the Interracial Hospital Movement (IHM) which contains many of the elements characteristic of the early civil rights movement in postwar Louisville. It provides that as in the IHM, a variety of black, white, and biracial worker, religious, youth, and civic organizations came together in ad hoc interracial coalitions to target specific problems, developing a tradition in the city of white and black cooperation in equal rights campaigns. It notes that in this period, Louisville activists argued that African Americans as citizens had the right to equal access to tax-supported jobs and facilities, identifying them as two linked manifestations of government-enforced Jim Crow. It emphasizes that piecemeal success in these areas laid the groundwork for the city's progressive self-image as a leader for the South in race relations, an image that played a significant role in struggles throughout the movement era.
David Vincent
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198203070
- eISBN:
- 9780191675690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203070.003.0008
- Subject:
- History, British and Irish Modern History
The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in ...
More
The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in the immediate aftermath of a political landslide. The scale of the proposed legislation came as a surprise to campaigners who had feared the worst when the manifesto pledge was omitted from the first Queen's Speech in order to undergo further consultation. The tradition of being secret about secrecy was to be replaced by one of being open about openness. The pervasive appeal to cultural transformation throughout the new White Paper and the accompanying commentaries by politicians and civil servants were justified by the substance of the proposals. The proposed Freedom of Information Act was to form part of a complex of legislation designed to guarantee the rights of citizens to determine what they knew about the state, and what the state knew about them. The dilemmas of secrecy resolve themselves into issues of trust. In the reform of the culture of secrecy, history can only be made if first it is understood.Less
The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in the immediate aftermath of a political landslide. The scale of the proposed legislation came as a surprise to campaigners who had feared the worst when the manifesto pledge was omitted from the first Queen's Speech in order to undergo further consultation. The tradition of being secret about secrecy was to be replaced by one of being open about openness. The pervasive appeal to cultural transformation throughout the new White Paper and the accompanying commentaries by politicians and civil servants were justified by the substance of the proposals. The proposed Freedom of Information Act was to form part of a complex of legislation designed to guarantee the rights of citizens to determine what they knew about the state, and what the state knew about them. The dilemmas of secrecy resolve themselves into issues of trust. In the reform of the culture of secrecy, history can only be made if first it is understood.
Carolyn L. Karcher
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781469627953
- eISBN:
- 9781469627977
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469627953.003.0003
- Subject:
- History, African-American History
Chapter 3 surveys Tourgée’s “Bystander” column in the Chicago Daily Inter Ocean, showing how it fostered a national dialogue about the race question by incorporating long extracts from the private ...
More
Chapter 3 surveys Tourgée’s “Bystander” column in the Chicago Daily Inter Ocean, showing how it fostered a national dialogue about the race question by incorporating long extracts from the private letters and public statements of African Americans and whites representing different political opinions and regional identities. The chapter also highlights some of the issues Tourgée addressed in the column: the “lawless violence” directed against African Americans, the horrors of the Southern prison system, the fallacies of scientific racism, the accusations of “ingratitude” whites frequently levelled against African Americans, the Republican party’s abandonment of African Americans, the founding of the National Citizens’ Rights Association through which Tourgée hoped to influence the party, and economic policy. In addition, the chapter explores Tourgée’s stormy relationship with the Inter Ocean’s editor, William Penn Nixon, and with the Republican party bosses who sought to censor and ultimately to abolish the “Bystander” column.Less
Chapter 3 surveys Tourgée’s “Bystander” column in the Chicago Daily Inter Ocean, showing how it fostered a national dialogue about the race question by incorporating long extracts from the private letters and public statements of African Americans and whites representing different political opinions and regional identities. The chapter also highlights some of the issues Tourgée addressed in the column: the “lawless violence” directed against African Americans, the horrors of the Southern prison system, the fallacies of scientific racism, the accusations of “ingratitude” whites frequently levelled against African Americans, the Republican party’s abandonment of African Americans, the founding of the National Citizens’ Rights Association through which Tourgée hoped to influence the party, and economic policy. In addition, the chapter explores Tourgée’s stormy relationship with the Inter Ocean’s editor, William Penn Nixon, and with the Republican party bosses who sought to censor and ultimately to abolish the “Bystander” column.
A.G. Noorani and South Asia Human Rights Documentation Centre
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198074144
- eISBN:
- 9780199080823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198074144.003.0009
- Subject:
- Law, Human Rights and Immigration
Since Maneka Gandhi, the Supreme Court of India has been consistent in its argument that the procedure prescribed by law must be fair and reasonable. In turn, the law must conform to the other ...
More
Since Maneka Gandhi, the Supreme Court of India has been consistent in its argument that the procedure prescribed by law must be fair and reasonable. In turn, the law must conform to the other fundamental rights, especially those embodied in Article 19(1) of the Constitution concerning all the aspects of civil liberties. The Armed Forces (Special Powers) Act of 1958 (AFSPA) is currently under review, with the goal of striking a fair balance between citizens' rights and public order. That the Supreme Court has upheld the AFSPA's constitutional validity illustrates its insensitivity to citizens' rights in cases where ‘national security’ is involved. In particular, Section 4 of the AFSPA violates Article 21 of the Constitution and must be amended. It is also necessary to establish an independent appellate body to address complaints against the armed forces or the police when they operate under the AFSPA.Less
Since Maneka Gandhi, the Supreme Court of India has been consistent in its argument that the procedure prescribed by law must be fair and reasonable. In turn, the law must conform to the other fundamental rights, especially those embodied in Article 19(1) of the Constitution concerning all the aspects of civil liberties. The Armed Forces (Special Powers) Act of 1958 (AFSPA) is currently under review, with the goal of striking a fair balance between citizens' rights and public order. That the Supreme Court has upheld the AFSPA's constitutional validity illustrates its insensitivity to citizens' rights in cases where ‘national security’ is involved. In particular, Section 4 of the AFSPA violates Article 21 of the Constitution and must be amended. It is also necessary to establish an independent appellate body to address complaints against the armed forces or the police when they operate under the AFSPA.
Arvind Sharma
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195679489
- eISBN:
- 9780199081714
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195679489.003.0005
- Subject:
- Law, Human Rights and Immigration
A modern quasi-legal concept of capitalized Human Rights developed in the West at the expense of cursive human rights in the rest of the world. When it is claimed that human rights are Western then ...
More
A modern quasi-legal concept of capitalized Human Rights developed in the West at the expense of cursive human rights in the rest of the world. When it is claimed that human rights are Western then it could be taken to mean that human rights understood as rights of citizens are a Western notion, while human rights understood as the rights of human beings are a universal concept. Of the three forms of rights—personal rights, solidarity rights, and collective rights—it was the first kind which first gained legal force in the West, and the rest followed suit. The suggestion in this chapter is that if the argument by law is won then the argument by morality is lost.Less
A modern quasi-legal concept of capitalized Human Rights developed in the West at the expense of cursive human rights in the rest of the world. When it is claimed that human rights are Western then it could be taken to mean that human rights understood as rights of citizens are a Western notion, while human rights understood as the rights of human beings are a universal concept. Of the three forms of rights—personal rights, solidarity rights, and collective rights—it was the first kind which first gained legal force in the West, and the rest followed suit. The suggestion in this chapter is that if the argument by law is won then the argument by morality is lost.
