Author: Marten Breuer
Publisher: Springer
ISBN: 3662589869
Category : Law
Languages : en
Pages : 362
Get Book Here
Book Description
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
Author: Doris A. Santoro
Publisher:
ISBN: 9781682532287
Category : Education
Languages : en
Pages : 0
Get Book Here
Book Description
Principled Resistance: How Teachers Resolve Ethical Dilemmas brings together senior scholars and activist teachers to explore the concept of resistance as a necessary response to mandates that conflict with their understanding of quality teaching. The book provides vivid examples of the pedagogical, professional, and democratic principles undergirding resistance, as well as the distinct perspective of each of its contributors: teachers who reflect on their acts of principled resistance; teacher educators who study teachers and support their professional growth; and historians who demonstrate that a tradition of teachers' principled resistance has had a significant impact on American society, not only on schools and teaching. They also show the steps teachers take, in their reasoning and in their actions, to resist policies and mandates they are expected to enact. This volume offers a critical and unique resource for teacher educators who are preparing prospective teachers to navigate the contentious terrain of education politics, teachers who are interested in leading change, and others interested in educational ethics.
Author: William E. Scheuerman
Publisher: Cambridge University Press
ISBN: 1108478042
Category : Philosophy
Languages : en
Pages : 457
Get Book Here
Book Description
Outlines the theory and practice of civil disobedience, helping to understand how it is operating in the current turbulent conditions.
Author: Cedric Marti
Publisher: Cambridge University Press
ISBN: 1108904920
Category : Law
Languages : en
Pages : 271
Get Book Here
Book Description
The European Convention on Human Rights (ECHR) has evolved from an international agreement into an highly integrated legal community with an ever more pervasive effect on domestic law and individuals. The supranational authority of the European Court of Human Rights bypasses the nation state in a growing number of other areas. Understanding the evolution of the ECHR and its Court may help in explaining and contextualising growing resistance against the Court, and in developing possible responses. Examining the Convention system through the prism of supranationality, Cedric Marti offers a fresh, comprehensive and interdisciplinary perspective on the expanding adjudicatory powers of the Court, including law-making. Marti addresses the growing literature of institutional studies on human rights enforcement to ascertain the particularities of the ECHR and its relationship to domestic legal systems. This study will be of great value to both scholars of international law and human rights practitioners.
Author: Gordon K. Hirabayashi
Publisher: University of Washington Press
ISBN: 0295804645
Category : Social Science
Languages : en
Pages : 241
Get Book Here
Book Description
In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life. Scott and Laurie Oki Series in Asian American Studies A Capell Family Book
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 291
Get Book Here
Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author: Ben Laurence
Publisher: Harvard University Press
ISBN: 0674269438
Category : Philosophy
Languages : en
Pages : 267
Get Book Here
Book Description
An incisive argument for the relevance of political philosophy and its possibility of effecting change. The appeal of political philosophy is that it will answer questions about justice for the sake of political action. But contemporary political philosophy struggles to live up to this promise. Since the death of John Rawls, political philosophers have become absorbed in methodological debates, leading to an impasse between two unattractive tendencies: utopians argue that philosophy should focus uncompromisingly on abstract questions of justice, while pragmatists argue that we should concern ourselves only with local efforts to ameliorate injustice. Agents of Change shows a way forward. Ben Laurence argues that we can combine utopian justice and the pragmatic response to injustice in a political philosophy that unifies theory and practice in pursuit of change. Political philosophy, on this view, is not a purely normative theory disconnected from practice. Rather, political philosophy is itself a practice—an exercise of practical reason issuing in action. Laurence contends that this exercise begins in ordinary life with the confrontation with injustice. Philosophy draws ideas about justice from this encounter to be pursued through political action. Laurence shows that the task of political philosophy is not complete until it asks the question “What is to be done?” and deliberates actionable answers.
Author: Fernando Morais
Publisher: Springer Nature
ISBN: 3030705625
Category : Language Arts & Disciplines
Languages : en
Pages : 295
Get Book Here
Book Description
Fernando Morais’ Dirty Hearts is a tour de force of literary journalism that investigates the discriminatory treatment of the Japanese immigrant community in Brazil during World War II and in the aftermath of Japan’s defeat and unconditional surrender. In contrast to the internment camps and compulsory military service that characterized the Japanese American wartime experience, this book traces the rise to power of Shindō Renmei, an ultranationalist secret society that formed in response to the anti-Japanese measures enacted under Getulio Vargas’ Estado Novo. Based in São Paulo, the group used terrorism, propaganda campaigns, and conspiracy theories to violently enforce its narrative of Japan’s victory. These traumatic events nevertheless brought about a permanent transformation in the Japanese Brazilian community from a largely insular colony with close ties to its imperial homeland to its new identity as an ethnic minority in postwar Brazil’s fraught racial democracy.
Author: W. Michael Reisman
Publisher: BRILL
ISBN: 9004524835
Category : Law
Languages : en
Pages : 1207
Get Book Here
Book Description
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
Author: Silvia Edling
Publisher: Bloomsbury Publishing
ISBN: 1350174475
Category : Education
Languages : en
Pages : 313
Get Book Here
Book Description
Written by an international group of feminist scholars and activists, the book explores how the rise in right-wing politics, fundamentalist religion, and radical nationalism is constructed and results in gendered and racial violence. The chapters cover a broad range of international contexts and offer new ways of combating assaults and oppression to understand the dangers inherent within the current global political and social climate. The book includes a foreword by the distinguished critical activist, Antonia Darder, as well as a chapter by renowned feminist-scholar, Chandra Talpade Mohanty.
