Author: Anne Griffiths
Publisher: Routledge
ISBN: 1317308131
Category : Law
Languages : en
Pages : 268
Book Description
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Subjectivity, Citizenship and Belonging in Law
Author: Anne Griffiths
Publisher: Routledge
ISBN: 1317308131
Category : Law
Languages : en
Pages : 268
Book Description
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Publisher: Routledge
ISBN: 1317308131
Category : Law
Languages : en
Pages : 268
Book Description
This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Visual Power, Representation and Migration Law
Author: Dorota Gozdecka
Publisher: Edinburgh University Press
ISBN: 1474460011
Category : Law
Languages : en
Pages : 280
Book Description
This book analyses the dominant imagery related to migration and illustrates how framing of migrants as subjects viewed through the lens of the host gaze positions them for exclusion and marginalisation. It focuses on comparative sources derived from public and media visual campaigns focusing on migration issues. It illustrates how the ethical gap that the host-centric way of looking creates results in the growing suspicion of the migrant and how this ethical gap broadens and impacts on the legal exclusion of migrants as legal subjects.
Publisher: Edinburgh University Press
ISBN: 1474460011
Category : Law
Languages : en
Pages : 280
Book Description
This book analyses the dominant imagery related to migration and illustrates how framing of migrants as subjects viewed through the lens of the host gaze positions them for exclusion and marginalisation. It focuses on comparative sources derived from public and media visual campaigns focusing on migration issues. It illustrates how the ethical gap that the host-centric way of looking creates results in the growing suspicion of the migrant and how this ethical gap broadens and impacts on the legal exclusion of migrants as legal subjects.
Supporting Legal Capacity in Socio-Legal Context
Author: Mary Donnelly
Publisher: Bloomsbury Publishing
ISBN: 1509940359
Category : Law
Languages : en
Pages : 337
Book Description
This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.
Publisher: Bloomsbury Publishing
ISBN: 1509940359
Category : Law
Languages : en
Pages : 337
Book Description
This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.
Equal Citizenship and Its Limits in EU Law
Author: Päivi Johanna Neuvonen
Publisher: Bloomsbury Publishing
ISBN: 1782258175
Category : Law
Languages : en
Pages : 229
Book Description
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.
Publisher: Bloomsbury Publishing
ISBN: 1782258175
Category : Law
Languages : en
Pages : 229
Book Description
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.
Justice After Stonewall
Author: Paul Behrens
Publisher: Taylor & Francis
ISBN: 1000833879
Category : Social Science
Languages : en
Pages : 325
Book Description
Justice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969. The riots (sparked by a police raid in New York City) are a milestone in LGBT history. Within a short time, a new feeling of confidence emerged, manifested in new LGBT organisations and the first Pride marches. Legal and social change followed: from the decriminalisation of homosexual activities to anti-discrimination laws and the legalisation of same-sex marriage. This makes it tempting to think of modern LGBT history as an unequivocal success story. But progress was not achieved everywhere: in 70 States, same-sex relations are still criminalised; violence against LGBT persons still occurs, and transgender people still struggle to have their rights recognised. The question whether the path since Stonewall represents success or failure cannot be answered by one discipline alone. This book breaks new ground by bringing together experts from politics, sociology, law, education, language, medicine and religion to discuss fields as diverse as same-sex marriage, transgender students, the LGBT movement in Uganda and LGBT migrants in the Arabian Peninsula, conversion 'therapy', and approaches to LGBT matters in Judaism, Christianity and Islam. What emerges is a rich tapestry of LGBT life today and its consideration from numerous perspectives. Based on thorough research, this book is an ideal text for students and scholars exploring LGBT matters. At the same time, its engaging style makes it a particularly valuable resource for anyone with an interest in LGBT matters and their reception in today's world.
Publisher: Taylor & Francis
ISBN: 1000833879
Category : Social Science
Languages : en
Pages : 325
Book Description
Justice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969. The riots (sparked by a police raid in New York City) are a milestone in LGBT history. Within a short time, a new feeling of confidence emerged, manifested in new LGBT organisations and the first Pride marches. Legal and social change followed: from the decriminalisation of homosexual activities to anti-discrimination laws and the legalisation of same-sex marriage. This makes it tempting to think of modern LGBT history as an unequivocal success story. But progress was not achieved everywhere: in 70 States, same-sex relations are still criminalised; violence against LGBT persons still occurs, and transgender people still struggle to have their rights recognised. The question whether the path since Stonewall represents success or failure cannot be answered by one discipline alone. This book breaks new ground by bringing together experts from politics, sociology, law, education, language, medicine and religion to discuss fields as diverse as same-sex marriage, transgender students, the LGBT movement in Uganda and LGBT migrants in the Arabian Peninsula, conversion 'therapy', and approaches to LGBT matters in Judaism, Christianity and Islam. What emerges is a rich tapestry of LGBT life today and its consideration from numerous perspectives. Based on thorough research, this book is an ideal text for students and scholars exploring LGBT matters. At the same time, its engaging style makes it a particularly valuable resource for anyone with an interest in LGBT matters and their reception in today's world.
Anti-Discriminatory Practice
Author: Neil Thompson
Publisher: Bloomsbury Publishing
ISBN: 1350312746
Category : Education
Languages : en
Pages : 251
Book Description
Now going into its seventh edition, Neil Thompson's Anti-Discriminatory Practice has been providing a trusted introduction to the challenges of promoting social justice and equality for a quarter of a century. Addressing the common concepts and issues across the various forms of discrimination, this book explores the reasons why the development of anti-discriminatory practice is so vital, and examines the steps that need to be taken towards constructing a social work practice based on principles of anti-discrimination and the promotion of equality. Promoting social justice, diversity and equality in social work practice is as vital today as it was when Anti-Discriminatory Practice was first published, and there is still much to learn. Written with Thompson's inimitable clarity, this new, fully updated edition of a classic text is key reading for undergraduate and postgraduate students of social work. Practitioners will also benefit hugely from Neil Thompson's experience and expertise. New to this Edition: - A new edition of a popular and trusted textbook fully updated to reflect the many changes since the last edition - Voice of Experience and Practice Focus examples, encourage readers to think contextually and integrate theory and practice - An explicit theory base, with key points from each chapter drawn out to highlight specific main themes - A range of questions for reflection and guidance on further learning
Publisher: Bloomsbury Publishing
ISBN: 1350312746
Category : Education
Languages : en
Pages : 251
Book Description
Now going into its seventh edition, Neil Thompson's Anti-Discriminatory Practice has been providing a trusted introduction to the challenges of promoting social justice and equality for a quarter of a century. Addressing the common concepts and issues across the various forms of discrimination, this book explores the reasons why the development of anti-discriminatory practice is so vital, and examines the steps that need to be taken towards constructing a social work practice based on principles of anti-discrimination and the promotion of equality. Promoting social justice, diversity and equality in social work practice is as vital today as it was when Anti-Discriminatory Practice was first published, and there is still much to learn. Written with Thompson's inimitable clarity, this new, fully updated edition of a classic text is key reading for undergraduate and postgraduate students of social work. Practitioners will also benefit hugely from Neil Thompson's experience and expertise. New to this Edition: - A new edition of a popular and trusted textbook fully updated to reflect the many changes since the last edition - Voice of Experience and Practice Focus examples, encourage readers to think contextually and integrate theory and practice - An explicit theory base, with key points from each chapter drawn out to highlight specific main themes - A range of questions for reflection and guidance on further learning
Earned Citizenship
Author: Michael J. Sullivan
Publisher: Oxford University Press
ISBN: 0190918373
Category : Nature
Languages : en
Pages : 364
Book Description
The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already living in the United States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation.
Publisher: Oxford University Press
ISBN: 0190918373
Category : Nature
Languages : en
Pages : 364
Book Description
The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already living in the United States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation.
Children’s Constitutional Rights in the Nordic Countries
Author: Trude Haugli
Publisher: BRILL
ISBN: 900438281X
Category : Law
Languages : en
Pages : 440
Book Description
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Publisher: BRILL
ISBN: 900438281X
Category : Law
Languages : en
Pages : 440
Book Description
The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national constitutions in addition to implementing the Convention on the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in the Constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the Nordic constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.
Wellbeing of Transnational Muslim Families
Author: Marja Tiilikainen
Publisher: Routledge
ISBN: 1351866664
Category : Social Science
Languages : en
Pages : 262
Book Description
This book examines the needs, aspirations, strategies, and challenges of transnational Muslim migrants in Europe with regard to family practices such as marriage, divorce, and parenting. Critically re-conceptualizing ‘wellbeing’ and unpacking its multiple dimensions in the context of Muslim families, it investigates how migrants make sense of and draw on different norms, laws, and regimes of knowledge as they navigate different aspects of family relations and life in a transnational social space. With attention to issues such as registration of marriage, civil versus religious marriage, spousal roles and rights, polygamy, parenting, child wellbeing, and everyday security, the authors offer national and comparative case studies of Muslim families from different parts of the world, covering different family bonds and relations, within both extended and nuclear families. Based on empirical research in the Nordic region and further afield, this volume affords a more complete understanding of the practices of transnational migrant families, as well as the processes through which family relations and rights are negotiated between family members and with state institutions and laws, whilst contributing to the growing literature on migrant wellbeing. As such, it will appeal to scholars of sociology and social policy with interests in migration and transnational communities, wellbeing, and the family.
Publisher: Routledge
ISBN: 1351866664
Category : Social Science
Languages : en
Pages : 262
Book Description
This book examines the needs, aspirations, strategies, and challenges of transnational Muslim migrants in Europe with regard to family practices such as marriage, divorce, and parenting. Critically re-conceptualizing ‘wellbeing’ and unpacking its multiple dimensions in the context of Muslim families, it investigates how migrants make sense of and draw on different norms, laws, and regimes of knowledge as they navigate different aspects of family relations and life in a transnational social space. With attention to issues such as registration of marriage, civil versus religious marriage, spousal roles and rights, polygamy, parenting, child wellbeing, and everyday security, the authors offer national and comparative case studies of Muslim families from different parts of the world, covering different family bonds and relations, within both extended and nuclear families. Based on empirical research in the Nordic region and further afield, this volume affords a more complete understanding of the practices of transnational migrant families, as well as the processes through which family relations and rights are negotiated between family members and with state institutions and laws, whilst contributing to the growing literature on migrant wellbeing. As such, it will appeal to scholars of sociology and social policy with interests in migration and transnational communities, wellbeing, and the family.
Citizenship After Orientalism
Author: Engin Isin
Publisher: Routledge
ISBN: 1317681371
Category : Political Science
Languages : en
Pages : 420
Book Description
This collection offers a postcolonial critique of the ostensible superiority or originality of ‘Western’ political theory and one of its fundamental concepts, ‘citizenship’. The chapters analyse the undoing, uncovering, and reinventing of citizenship as a way of investigating citizenship as political subjectivity. If it has now become very difficult to imagine citizenship merely as nationality or membership in the nation-state, this is at least in part because of the anticolonial struggles and the project of reimagining citizenship after orientalism that they precipitated. If it has become difficult to sustain the orientalist assumption, the question arises; how do we investigate citizenship as political subjectivity after orientalism? This book was originally published as a special issue of Citizenship Studies.
Publisher: Routledge
ISBN: 1317681371
Category : Political Science
Languages : en
Pages : 420
Book Description
This collection offers a postcolonial critique of the ostensible superiority or originality of ‘Western’ political theory and one of its fundamental concepts, ‘citizenship’. The chapters analyse the undoing, uncovering, and reinventing of citizenship as a way of investigating citizenship as political subjectivity. If it has now become very difficult to imagine citizenship merely as nationality or membership in the nation-state, this is at least in part because of the anticolonial struggles and the project of reimagining citizenship after orientalism that they precipitated. If it has become difficult to sustain the orientalist assumption, the question arises; how do we investigate citizenship as political subjectivity after orientalism? This book was originally published as a special issue of Citizenship Studies.