Author: Juhana Mikael Salojärvi Publisher: Springer Nature ISBN: 3030295338 Category : Law Languages : en Pages : 244
Book Description
This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Author: Juhana Mikael Salojärvi Publisher: ISBN: 9783030295349 Category : Human rights Languages : en Pages : 237
Book Description
This book investigates the origins and development of human rights discourse in Finnish legal scholarship in the twentieth century. It provides a detailed account of how human rights were understood before they had legal relevance in a positivist sense, how they were adapted to Finnish legal thinking in the post-Second World War decades, how they developed into a mode of legal rhetoric and a type of legal argument during the 1970s and 1980s, and how they eventually became a significant paradigm in legal thinking in the 1990s. The book also demonstrates how rights discourse infiltrated the discussion regarding problems that were previously addressed in arguments concerning morals, social justice and equity. Although the book focuses on the history of Finnish legal scholarship, it is also interesting from a global perspective for two reasons: Firstly, it demonstrates how an idea of international law is transplanted and diffused into national legal thinking; Finland is an illustrative example in this regard. Secondly, it offers insights into the general history of human rights.
Author: Mark Goodale Publisher: Stanford University Press ISBN: 150363101X Category : Political Science Languages : en Pages : 312
Book Description
A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.
Author: Peter H. Russell Publisher: University of Toronto Press ISBN: 1442659254 Category : Law Languages : en Pages : 748
Book Description
A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.
Author: Robert A. Williams Publisher: Macmillan + ORM ISBN: 1137116072 Category : History Languages : en Pages : 322
Book Description
From one of the world's leading experts on Native American law and indigenous peoples' human rights comes an original and striking intellectual history of the tribe and Western civilization that sheds new light on how we understand ourselves and our contemporary society. Throughout the centuries, conquest, war, and unspeakable acts of violence and dispossession have all been justified by citing civilization's opposition to these differences represented by the tribe. Robert Williams, award winning author, legal scholar, and member of the Lumbee Indian Tribe, proposes a wide-ranging reexamination of the history of the Western world, told from the perspective of civilization's war on tribalism as a way of life. Williams shows us how what we thought we knew about the rise of Western civilization over the tribe is in dire need of reappraisal.
Author: Ramona Ellen Skinner Publisher: Routledge ISBN: 1317732073 Category : History Languages : en Pages : 168
Book Description
This book explores the application of federal Indian policy to Alaska Natives in the 20th century, a process driven by the federal government's desire to acquire Indian land. Twentieth century Indian policy, as applied in Alaska, has oscillated between encouraging the privatization of land and assimilation of Native Alaskans into the dominant society, and allowing for Native autonomy and self-government. The Alaska Reorganization Act of 1936, better known as the Alaska Native New Deal, promoted Native self-government through constitutions and native self-sufficiency through corporations within geographic limits of designated reservations. In Alaska, the federal government's termination policy extended state jurisdiction over Native peoples after World War Two. A new policy of self-determination was initiated by the passage of the Alaska Native Claims Settlement Act of 1971. With this act, 40 million acres were conveyed to newly created Native corporations. Alaska Natives would achieve self-determination by participation in corporate decisions. This history of the legislation and implementation of federal Indian policy in Alaska explores the tensions and reversals expressed through successive legislative acts, and focuses upon the implications of this policy for Native Alaskans.
Author: Samuli Seppänen Publisher: Cambridge University Press ISBN: 1107142903 Category : Law Languages : en Pages : 233
Book Description
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.
Author: Jan Hoffman French Publisher: Univ of North Carolina Press ISBN: 0807832928 Category : Social Science Languages : en Pages : 273
Book Description
Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve
Author: Jan Hoffman French Publisher: Univ of North Carolina Press ISBN: 0807889881 Category : Social Science Languages : en Pages : 272
Book Description
Anthropologists widely agree that identities--even ethnic and racial ones--are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve as the impetus for the transformation of cultural practices and collective identity. Through ethnographic, historical, and legal analysis of successful claims to land by two neighboring black communities in the backlands of northeastern Brazil, Jan Hoffman French demonstrates how these two communities have come to distinguish themselves from each other while revising and retelling their histories and present-day stories. French argues that the invocation of laws by these related communities led to the emergence of two different identities: one indigenous (Xoco Indian) and the other quilombo (descendants of a fugitive African slave community). With the help of the Catholic Church, government officials, lawyers, anthropologists, and activists, each community won government recognition and land rights, and displaced elite landowners. This was accomplished even though anthropologists called upon to assess the validity of their claims recognized that their identities were "constructed." The positive outcome of their claims demonstrates that authenticity is not a prerequisite for identity. French draws from this insight a more sweeping conclusion that, far from being evidence of inauthenticity, processes of construction form the basis of all identities and may have important consequences for social justice.
Author: Robert Warrior Publisher: Routledge ISBN: 1136331999 Category : Social Science Languages : en Pages : 870
Book Description
The World of Indigenous North America is a comprehensive look at issues that concern indigenous people in North America. Though no single volume can cover every tribe and every issue around this fertile area of inquiry, this book takes on the fields of law, archaeology, literature, socio-linguistics, geography, sciences, and gender studies, among others, in order to make sense of the Indigenous experience. Covering both Canada's First Nations and the Native American tribes of the United States, and alluding to the work being done in indigenous studies through the rest of the world, the volume reflects the critical mass of scholarship that has developed in Indigenous Studies over the past decade, and highlights the best new work that is emerging in the field. The World of Indigenous North America is a book for every scholar in the field to own and refer to often. Contributors: Chris Andersen, Joanne Barker, Duane Champagne, Matt Cohen, Charlotte Cote, Maria Cotera, Vincente M. Diaz, Elena Maria Garcia, Hanay Geiogamah, Carole Goldberg, Brendan Hokowhitu, Sharon Holland, LeAnne Howe, Shari Huhndorf, Jennie Joe, Ted Jojola, Daniel Justice, K. Tsianina Lomawaima, Jose Antonio Lucero, Tiya Miles, Felipe Molina, Victor Montejo, Aileen Moreton-Robinson, Val Napoleon, Melissa Nelson, Jean M. O'Brien, Amy E. Den Ouden, Gus Palmer, Michelle Raheja, David Shorter, Noenoe K. Silva, Shannon Speed, Christopher B. Teuton, Sean Teuton, Joe Watkins, James Wilson, Brian Wright-McLeod
Author: Juhana Mikael Salojärvi
Author: Juhana Mikael Salojärvi
Author: Mark Goodale
Author: Peter H. Russell
Author: Robert A. Williams
Author: Ramona Ellen Skinner
Author: Samuli Seppänen
Author: Jan Hoffman French
Author: Jan Hoffman French
Author: Robert Warrior