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Author: Paul Quinn
Publisher: Routledge
ISBN: 1351470566
Category : Law
Languages : en
Pages : 264
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Book Description
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
Author: Paul Quinn
Publisher: Routledge
ISBN: 1351470566
Category : Law
Languages : en
Pages : 264
Get Book Here
Book Description
This book demonstrates the difficulties the law is likely to encounter in regulating the expressive activities of the state, particularly with regard to the stigmatization of vulnerable groups and minorities. Freedom of speech is indispensable to a democratic society, enabling it to operate with a healthy level of debate and discussion. Historically, legal scholars have underappreciated the power of stigmatization, instead focusing on anti-discrimination law, and the implicit assumption that the state is permitted to communicate freely with little fear of legal consequences. Whilst integral to a democratic society, the freedom of a state to express itself can however also be corrosive, allowing influential figures and organizations the possibility to stigmatize vulnerable groups within society. The book takes this idea and, uniquely weaving legal analysis with extant psychological and sociological research, shows that current legal approaches to stigmatization are limited. Starting with a deep insight into what constitutes state expressions and how they can become stigmatizing, the book then goes on to look into the capacity the law currently has to limit these expressions and asks even if it could, should it? This fascinating study of an increasingly topical subject will be of interest to any legal scholar working in the field of freedom of expression and discrimination law.
Author: Gianclaudio Malgieri
Publisher: Oxford University Press
ISBN: 019269751X
Category : Law
Languages : en
Pages : 305
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Book Description
Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.
Author: Diana Rickard
Publisher: Rutgers University Press
ISBN: 0813578329
Category : Political Science
Languages : en
Pages : 215
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Book Description
The 1990s witnessed a flurry of legislative initiatives—most notably, “Megan’s Law”—designed to control a population of sex offenders (child abusers) widely reviled as sick, evil, and incurable. In Sex Offenders, Stigma, and Social Control, Diana Rickard provides the reader with an in-depth view of six such men, exploring how they manage to cope with their highly stigmatized role as social outcasts. The six men discussed in the book are typical convicted sex offenders—neither serial pedophiles nor individuals convicted of the type of brutal act that looms large in public perceptions about sex crimes. Sex Offenders, Stigma, and Social Control explores how these individuals, who have been cast as social pariahs, construct their sense of self. How does being labeled in this way and controlled by measures such as Megan’s Law affect one’s identity and sense of social being? Unlike traditional criminological and psychological studies of this population, this book frames their experiences in concepts of both deviance and identity, asking how men so highly stigmatized cope with the most extreme form of social marginality. Placing their stories within the context of the current culture of mass incarceration and zero-tolerance, Rickard provides a deeper understanding of the complex relationship between public policy and lived experience, as well as an understanding of the social challenges faced by this population, whose re-integration into society is far from simple or assured. Sex Offenders, Stigma, and Social Control makes a significant contribution to our understanding of sex offenders, offering a unique window into how individuals make meaning out of their experiences and present a viable—not monstrous—social self to themselves and others.
Author: Kenneth L. Karst
Publisher: Yale University Press
ISBN: 9780300065077
Category : Political Science
Languages : en
Pages : 338
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Book Description
In this text, a constitutional law scholar argues that most of the social issues agenda for law violates the constitutional principle of equal citizenship. The conservative social issues agenda is targeted at voters who have felt left out by other civil rights movements.
Author: Roger J.R. Levesque
Publisher: NYU Press
ISBN: 1479875465
Category : Family & Relationships
Languages : en
Pages : 287
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Book Description
Explores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.
Author: Erving Goffman
Publisher: Simon and Schuster
ISBN: 1439188335
Category : Psychology
Languages : en
Pages : 204
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Book Description
From the author of The Presentation of Self in Everyday Life, Stigma is analyzes a person’s feelings about himself and his relationship to people whom society calls “normal.” Stigma is an illuminating excursion into the situation of persons who are unable to conform to standards that society calls normal. Disqualified from full social acceptance, they are stigmatized individuals. Physically deformed people, ex-mental patients, drug addicts, prostitutes, or those ostracized for other reasons must constantly strive to adjust to their precarious social identities. Their image of themselves must daily confront and be affronted by the image which others reflect back to them. Drawing extensively on autobiographies and case studies, sociologist Erving Goffman analyzes the stigmatized person’s feelings about himself and his relationship to “normals” He explores the variety of strategies stigmatized individuals employ to deal with the rejection of others, and the complex sorts of information about themselves they project. In Stigma the interplay of alternatives the stigmatized individual must face every day is brilliantly examined by one of America’s leading social analysts.
Author: Brenda Major
Publisher: Oxford University Press
ISBN: 0190243473
Category : Medical
Languages : en
Pages : 577
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Book Description
Stigma leads to poorer health. In The Oxford Handbook of Stigma, Discrimination, and Health, leading scholars identify stigma mechanisms that operate at multiple levels to erode the health of stigmatized individuals and, collectively, produce health disparities. This book provides unique insights concerning the link between stigma and health across various types of stigma and groups.
Author: Samuel P. Nelson
Publisher: JHU Press
ISBN: 9780801881732
Category : History
Languages : en
Pages : 248
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Book Description
Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.
Author: Hossein Esmaeili
Publisher: Bloomsbury Publishing
ISBN: 1782257500
Category : Law
Languages : en
Pages : 309
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Book Description
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Author: Judith Daar
Publisher: Yale University Press
ISBN: 030013715X
Category : Law
Languages : en
Pages : 284
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Book Description
A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement Eugenics, the effort to improve the human species by inhibiting reproduction of "inferior" genetic strains, ultimately came to be regarded as the great shame of the Progressive movement. Judith Daar, a prominent expert on the intersection of law and medicine, argues that current attitudes toward the potential users of modern assisted reproductive technologies threaten to replicate eugenics' same discriminatory practices. In this book, Daar asserts how barriers that block certain people's access to reproductive technologies are often founded on biases rooted in notions of class, race, and marital status. As a result, poor, minority, unmarried, disabled, and LGBT individuals are denied technologies available to well-off nonminority heterosexual applicants. An original argument on a highly emotional and important issue, this work offers a surprising departure from more familiar arguments on the issue as it warns physicians, government agencies, and the general public against repeating the mistakes of the past.
