Legal Cultures And Human Rights


Legal Cultures And Human Rights
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Legal Cultures And Human Rights


Legal Cultures And Human Rights
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Author : Kirsten Hastrup
language : en
Publisher: BRILL
Release Date : 2021-08-04

Legal Cultures And Human Rights written by Kirsten Hastrup and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.


Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights. In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it. The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.



The Human Rights Culture


The Human Rights Culture
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Author : Lawrence Meir Friedman
language : en
Publisher: Quid Pro Books
Release Date : 2011

The Human Rights Culture written by Lawrence Meir Friedman and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Social Science categories.


Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity--in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." -- Brian Z. Tamanaha, Professor of Law, Washington UniversityQuality ebook formatting from Quid Pro Books features active Contents, linked footnotes, linked textual cross-references, and active URLs in references. Professor Friedman's latest book joins Quid Pro's Contemporary Society Series.



Cultural Human Rights


Cultural Human Rights
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Author : Francesco Francioni
language : en
Publisher: BRILL
Release Date : 2008

Cultural Human Rights written by Francesco Francioni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.


What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.



Human Rights On Common Grounds The Quest For Universality


Human Rights On Common Grounds The Quest For Universality
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Author : Kirsten Hastrup
language : en
Publisher: Springer
Release Date : 2001-11-05

Human Rights On Common Grounds The Quest For Universality written by Kirsten Hastrup and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-05 with Law categories.


9. Limits to universality: Questions from Asia, Hatla Thelle.



Human Rights Culture And The Rule Of Law


Human Rights Culture And The Rule Of Law
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Author : Jessica Almqvist
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-09-12

Human Rights Culture And The Rule Of Law written by Jessica Almqvist and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-12 with Law categories.


This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance.



Law And Cultural Studies


Law And Cultural Studies
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Author : John Nguyet Erni
language : en
Publisher: Routledge
Release Date : 2018-12-07

Law And Cultural Studies written by John Nguyet Erni and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Social Science categories.


New and unremitting violence linked to state, inter-state, and private actors has precipitated a renewal of social movements, many of which act in concert with human rights ethos and legal conceptions. Yet, cultural studies has so far had little engagement or institutional connection with these movements. How can cultural studies as a progressive discipline think with, and make space for, rights-inflected legal and humanitarian practices? This book considers the ways in which cultural humanism and the critical approach to rights, and more broadly between culture and law, can be brought together to open a new intellectual space to allow cultural studies to better engage with the current challenges presented by social and political struggles worldwide. It lays out the central theses essential for constructing a critical view of human rights, and then advances a distinctive critical model of analysis that incorporates insights of postcolonial legal theorists and jurists from the Global South and important cultural theorists from the North, while rethinking law, rights, and social movements as something constituted by multiple legal modernities. Through case studies covering questions relating to sovereignty, citizenship, refugee displacement, human rights defenders, and gender and sexual rights, Law and Cultural Studies develops a means by which the practice of cultural studies can be reinvigorated around the legal spaces, institutions, and movements tied to human rights struggles. As such, it will appeal to scholars of cultural and media studies, critical legal studies, political theory, postcolonial studies, and human rights.



The Legal Culture Of The European Court Of Human Rights


The Legal Culture Of The European Court Of Human Rights
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Author : Nina-Louisa Arold
language : en
Publisher: BRILL
Release Date : 2007-09-21

The Legal Culture Of The European Court Of Human Rights written by Nina-Louisa Arold and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-21 with Law categories.


Without understanding the legal culture of the judges a full understanding of Strasbourg’s rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.



Cultural Rights In International Law


Cultural Rights In International Law
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Author : Elsa Stamatopoulou
language : en
Publisher: BRILL
Release Date : 2007

Cultural Rights In International Law written by Elsa Stamatopoulou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.



Handbook On Legal Cultures


Handbook On Legal Cultures
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Author : Sören Koch
language : en
Publisher: Springer Nature
Release Date : 2023-05-30

Handbook On Legal Cultures written by Sören Koch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-30 with Law categories.


Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.



Mediating Human Rights


Mediating Human Rights
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Author : Lieve Gies
language : en
Publisher: Routledge
Release Date : 2014-07-11

Mediating Human Rights written by Lieve Gies and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-11 with Law categories.


Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, , press concerns about an emerging privacy law and civil liberties. Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.