Margaret Jane Radin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691155333
- eISBN:
- 9781400844838
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155333.001.0001
- Subject:
- Law, Company and Commercial Law
Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our ...
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Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. This book examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and it finds these justifications wanting. It argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, the book offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. It goes on to offer possibilities for new methods of boilerplate evaluation and control, and concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.Less
Boilerplate—the fine-print terms and conditions that we become subject to when we click “I agree” online, rent an apartment, or enter an employment contract, for example—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. This book examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and it finds these justifications wanting. It argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, the book offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. It goes on to offer possibilities for new methods of boilerplate evaluation and control, and concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Neera Chandhoke
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780198077978
- eISBN:
- 9780199080977
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198077978.003.0002
- Subject:
- Political Science, Political Theory
The argument in this chapter addresses the issue of why rights should be justified, and what the processes of such justification are. The first section of this chapter addresses this particular issue ...
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The argument in this chapter addresses the issue of why rights should be justified, and what the processes of such justification are. The first section of this chapter addresses this particular issue and suggests that there are certain sorts of rights that need to be justified by reference to core moral rights, so that they can command a measure of acceptability. The second part of the chapter maps the three different ways in which the right of secession has been justified by political philosophers. The third section suggests that the ‘remedial right only’ theory or the just cause theory proves appropriate for contested secessions. Still, we have to take on board dilemmas and moral considerations that might not find place on the agenda of liberal political philosophers based in the West and theorizing for the West. The right of secession appears then much weaker.Less
The argument in this chapter addresses the issue of why rights should be justified, and what the processes of such justification are. The first section of this chapter addresses this particular issue and suggests that there are certain sorts of rights that need to be justified by reference to core moral rights, so that they can command a measure of acceptability. The second part of the chapter maps the three different ways in which the right of secession has been justified by political philosophers. The third section suggests that the ‘remedial right only’ theory or the just cause theory proves appropriate for contested secessions. Still, we have to take on board dilemmas and moral considerations that might not find place on the agenda of liberal political philosophers based in the West and theorizing for the West. The right of secession appears then much weaker.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.001.0001
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
Two conventional wisdoms dominate debates about why women’s rights advance in some places but not others. While culture and religion are understood to be the primary barriers to gender equality, ...
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Two conventional wisdoms dominate debates about why women’s rights advance in some places but not others. While culture and religion are understood to be the primary barriers to gender equality, efforts by international institutions and women’s groups to change social norms are seen as the most effective way to reduce discrimination. Often overlooked, the core rights perspective holds that investments in women’s education and their incorporation into the workforce more consistently advance women’s rights. By fostering gender consciousness, strengthening political organization, and improving women’s socioeconomic status, core rights increase women’s political leverage and incentivize politicians to become their advocates. As one of the first studies of its kind, this book synthesizes competing explanations of women’s rights and rigorously tests the implications of cultural, international norms-building and core rights explanations across nationality, political, reproductive, and property rights. The results show that conventional wisdoms are often overstated and incomplete, such that far less is actually known about how, where, and why women’s rights improve. Rarely, for example, are culture and religion as influential as conventional wisdom implies, while international norms-building is effective in only some areas. Instead, on issue after issue, core rights appear to enhance the status of women’s de jure and de facto rights.Less
Two conventional wisdoms dominate debates about why women’s rights advance in some places but not others. While culture and religion are understood to be the primary barriers to gender equality, efforts by international institutions and women’s groups to change social norms are seen as the most effective way to reduce discrimination. Often overlooked, the core rights perspective holds that investments in women’s education and their incorporation into the workforce more consistently advance women’s rights. By fostering gender consciousness, strengthening political organization, and improving women’s socioeconomic status, core rights increase women’s political leverage and incentivize politicians to become their advocates. As one of the first studies of its kind, this book synthesizes competing explanations of women’s rights and rigorously tests the implications of cultural, international norms-building and core rights explanations across nationality, political, reproductive, and property rights. The results show that conventional wisdoms are often overstated and incomplete, such that far less is actually known about how, where, and why women’s rights improve. Rarely, for example, are culture and religion as influential as conventional wisdom implies, while international norms-building is effective in only some areas. Instead, on issue after issue, core rights appear to enhance the status of women’s de jure and de facto rights.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.003.0003
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
Drawing on scholarship from political science, economics, history, and sociology, this chapter describes how core rights foster individual and collective effects that advance women’s rights. While ...
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Drawing on scholarship from political science, economics, history, and sociology, this chapter describes how core rights foster individual and collective effects that advance women’s rights. While scholars have long recognized how education and labor force participation enhance a woman’s agency, advances in core rights also facilitate the political representation of women’s interests. By encouraging the development of women’s rights subconstituencies, facilitating stronger political organization, spurring broad attitudinal change, and fostering women’s socioeconomic development, core rights provide politicians with strong incentives to support advances in gender equality. The remainder of the chapter raises potential limitations of the core rights framework and generates testable implications of this perspective.Less
Drawing on scholarship from political science, economics, history, and sociology, this chapter describes how core rights foster individual and collective effects that advance women’s rights. While scholars have long recognized how education and labor force participation enhance a woman’s agency, advances in core rights also facilitate the political representation of women’s interests. By encouraging the development of women’s rights subconstituencies, facilitating stronger political organization, spurring broad attitudinal change, and fostering women’s socioeconomic development, core rights provide politicians with strong incentives to support advances in gender equality. The remainder of the chapter raises potential limitations of the core rights framework and generates testable implications of this perspective.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.003.0008
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
This chapter summarizes the degree to which cultural, international norms-building, and core rights effectively explain the status of women’s rights. Conventional explanations for why women’s rights ...
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This chapter summarizes the degree to which cultural, international norms-building, and core rights effectively explain the status of women’s rights. Conventional explanations for why women’s rights advance are either overstated or incomplete across each of the four issues examined. Cultural and religious barriers to gender equality appear weak over many aspects of women’s rights, while international advocacy may only be an efficacious strategy in specific cases. Fostering core rights, however, appears to be a more propitious way to advocate reform. In addition to being more broadly effective, strategies emphasizing core rights may be less controversial, and allow activists to partner with those interested in economic development to improve levels of female education and labor force participation.Less
This chapter summarizes the degree to which cultural, international norms-building, and core rights effectively explain the status of women’s rights. Conventional explanations for why women’s rights advance are either overstated or incomplete across each of the four issues examined. Cultural and religious barriers to gender equality appear weak over many aspects of women’s rights, while international advocacy may only be an efficacious strategy in specific cases. Fostering core rights, however, appears to be a more propitious way to advocate reform. In addition to being more broadly effective, strategies emphasizing core rights may be less controversial, and allow activists to partner with those interested in economic development to improve levels of female education and labor force participation.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.003.0006
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
This chapter examines the status of women’s reproductive rights by investigating abortion laws and family planning rights across countries. While the conventional wisdom holds that religious norms ...
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This chapter examines the status of women’s reproductive rights by investigating abortion laws and family planning rights across countries. While the conventional wisdom holds that religious norms strongly influence the level of reproductive choice that states afford, there have been remarkable advances in women’s rights across countries of various cultural and religious backgrounds. To what extent do religion and culture, international norms-building, and core rights influence women’s reproductive rights? While religious and cultural norms shape abortion policy, they have little to no effect on women’s exercise of their family planning rights. Further, though women’s rights treaties and organizations appear to improve the level of reproductive autonomy states afford, reproductive rights depend much more centrally on the status of core rights, especially education.Less
This chapter examines the status of women’s reproductive rights by investigating abortion laws and family planning rights across countries. While the conventional wisdom holds that religious norms strongly influence the level of reproductive choice that states afford, there have been remarkable advances in women’s rights across countries of various cultural and religious backgrounds. To what extent do religion and culture, international norms-building, and core rights influence women’s reproductive rights? While religious and cultural norms shape abortion policy, they have little to no effect on women’s exercise of their family planning rights. Further, though women’s rights treaties and organizations appear to improve the level of reproductive autonomy states afford, reproductive rights depend much more centrally on the status of core rights, especially education.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.003.0004
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
This chapter explores the conventional wisdom that unequal nationality rights are a problem limited to non-Western countries, and that women’s rights advocacy facilitates reform by challenging states ...
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This chapter explores the conventional wisdom that unequal nationality rights are a problem limited to non-Western countries, and that women’s rights advocacy facilitates reform by challenging states discriminatory practices. Nationality rights are often referred to as “the right to have rights,” as citizenship is generally a precondition of political rights and access to state services (e.g., education and health care). Examining a woman’s right to an independent nationality and to confer citizenship to her children across countries, the data show that cultural and international norms-building explanations are either incomplete, or poorly explain the status of women’s nationality rights. Instead, across the nationality rights examined, advances in core rights are correlated with greater equality for women.Less
This chapter explores the conventional wisdom that unequal nationality rights are a problem limited to non-Western countries, and that women’s rights advocacy facilitates reform by challenging states discriminatory practices. Nationality rights are often referred to as “the right to have rights,” as citizenship is generally a precondition of political rights and access to state services (e.g., education and health care). Examining a woman’s right to an independent nationality and to confer citizenship to her children across countries, the data show that cultural and international norms-building explanations are either incomplete, or poorly explain the status of women’s nationality rights. Instead, across the nationality rights examined, advances in core rights are correlated with greater equality for women.
Feryal M. Cherif
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190211172
- eISBN:
- 9780190211196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190211172.003.0001
- Subject:
- Political Science, International Relations and Politics, Comparative Politics
Drawing on Unity Dow’s Citizenship Case, a renowned example of women’s rights reform in Botswana, this chapter introduces the three central theories of how, where, and why women’s rights evolve: ...
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Drawing on Unity Dow’s Citizenship Case, a renowned example of women’s rights reform in Botswana, this chapter introduces the three central theories of how, where, and why women’s rights evolve: culture, international norms-building, and core rights. While culture and religion are largely seen as the principal impediments to gender equality, advocacy by women’s rights groups and international institutions is widely accepted as the way to bring about reform. Often overlooked in debates about women’s rights is consideration of the central role played by fostering core rights. This chapter also presents the book’s central premise: that culture and international norms-building explain changes in gender equality much less effectively than is commonly recognized. Finally, it summarizes the main contributions, discusses the methods and data used, and offers a brief overview of the remaining chapters in the book.Less
Drawing on Unity Dow’s Citizenship Case, a renowned example of women’s rights reform in Botswana, this chapter introduces the three central theories of how, where, and why women’s rights evolve: culture, international norms-building, and core rights. While culture and religion are largely seen as the principal impediments to gender equality, advocacy by women’s rights groups and international institutions is widely accepted as the way to bring about reform. Often overlooked in debates about women’s rights is consideration of the central role played by fostering core rights. This chapter also presents the book’s central premise: that culture and international norms-building explain changes in gender equality much less effectively than is commonly recognized. Finally, it summarizes the main contributions, discusses the methods and data used, and offers a brief overview of the remaining chapters in the book.
Azadeh Chalabi
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198822844
- eISBN:
- 9780191861291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198822844.003.0004
- Subject:
- Law, Public International Law
Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. The main thrust of Chapter 3 is to unravel whether states are obliged, under international human rights law, ...
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Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. The main thrust of Chapter 3 is to unravel whether states are obliged, under international human rights law, to adopt a National Human Rights Action Plan (NHRAP), and if so, what is the nature and the scope of this obligation. To this end, a content analysis of all the nine core human rights conventions, General Comments, reports, and concluding observations is conducted. The findings of this content analysis show that each of these conventions places upon states parties an immediate obligation to adopt a NHRAP which must be geared towards realizing the rights embodied in the conventions.Less
Part II, ‘Doctrinal Perspectives’, is structured in two chapters: Chapter 3 and Chapter 4. The main thrust of Chapter 3 is to unravel whether states are obliged, under international human rights law, to adopt a National Human Rights Action Plan (NHRAP), and if so, what is the nature and the scope of this obligation. To this end, a content analysis of all the nine core human rights conventions, General Comments, reports, and concluding observations is conducted. The findings of this content analysis show that each of these conventions places upon states parties an immediate obligation to adopt a NHRAP which must be geared towards realizing the rights embodied in the conventions.
Albert Galinsoga Jordà
- Published in print:
- 2014
- Published Online:
- April 2015
- ISBN:
- 9780199388677
- eISBN:
- 9780190271893
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199388677.003.0003
- Subject:
- Law, Public International Law
In the written contribution that it made to the preparation of the Brighton Conference (18–20 April 2012) on the reform of the European Convention of Human Rights (ECHR), the European Court of Human ...
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In the written contribution that it made to the preparation of the Brighton Conference (18–20 April 2012) on the reform of the European Convention of Human Rights (ECHR), the European Court of Human Rights (ECtHR) proposed several amendments to the Convention for states to consider. Three of these were accepted: a change in the age-limit for judges, the removal of the power of the parties to a case to veto relinquishment to the Grand Chamber, and a shorter time-limit of four months for making an application to the Court. The year 2012 was a year of transition and change in the leadership of the institution. From a quantitative perspective, in 2012 the Court delivered 1,093 judgments. All Grand Chamber judgments are of at least high-level importance.Less
In the written contribution that it made to the preparation of the Brighton Conference (18–20 April 2012) on the reform of the European Convention of Human Rights (ECHR), the European Court of Human Rights (ECtHR) proposed several amendments to the Convention for states to consider. Three of these were accepted: a change in the age-limit for judges, the removal of the power of the parties to a case to veto relinquishment to the Grand Chamber, and a shorter time-limit of four months for making an application to the Court. The year 2012 was a year of transition and change in the leadership of the institution. From a quantitative perspective, in 2012 the Court delivered 1,093 judgments. All Grand Chamber judgments are of at least high-level importance.