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Defending rights in contemporary China.
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ISBN: 9780415694308 Year: 2013 Publisher: London Routledge

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"Citizen rights defence campaigns reflect the changing lives and priorities of Chinese citizens, both urban and rural. The term weiquan, or rights defence, was first coined by the Chinese party-state as part of a process of promotion of various laws, and was thus used by government-affiliated organisations to promote the rights of women, children, and consumers, and to develop citizens' legal awareness. Subsequently, first private citizens, then groups of citizens, then lawyers, appropriated the term as a means of dispute resolution in areas such as private property rights, rights for the handicapped, corruption claims and grievances with officials. Rights defence is important not just because of the political ramifications of its campaigns, but also because of the strategies its activists have used. Rights defence campaigns have taken novel forms unprecedented in China, including the use of the Internet by rights campaigners, the development of rights entrepreneur (or people who have set up businesses linked to rights defence), and the selection of representatives and leaders in rights defence campaigns. In recent years, the idea of rights defence has become used as a tool to attack the party-state, specifically by lawyers and legal campaigners. The growth of rights defence movements reflects the increasing capacity of Chinese citizens to shape their own civic discourse to achieve diverse goals. While rights defence may not pose an immediate threat to the authority of the party-state, it is nonetheless an important symbol of a developing social pluralism in China. This book offers essential insight into the development of rights in contemporary China and will be highly relevant for students, scholars and specialists in legal developments in Asia as well as anyone interested in social movements in China"-- "The growth of rights defence movements in China reflects the increasing capacity of Chinese citizens to shape their own civic discourse in order to achieve diverse goals. Rights defence campaigns have taken novel forms which are unprecedented in China, including the use of the Internet by rights campaigners, the development of rights entrepreneurs, and the selection of representatives and leaders in rights defence campaigns. Defending Rights in Contemporary China offers the first comprehensive analysis of the emergence and development of notions of rights defence, or weiquan, in China. Further, it shows that rights defence campaigns reflect the changing lives and priorities of Chinese citizens, both urban and rural, and the changing distribution of power in China. The Chinese government first used rights defence to promote the law and protect the rights of the weak. But the use of rights defence strategies by private citizens, and lawyers also demonstrates changing power structures - in areas as diverse as private property rights, rights for the handicapped, corruption claims and grievances with officials. In this book, Jonathan Benney argues that the idea of rights defence has gone from being a tool of the government to being a tool to attack the party-state, and explores the consequences of this controversial activist movement. This book offers essential insight into the development of rights in contemporary China and will be highly relevant for students, scholars and specialists in legal developments in Asia as well as anyone interested in social movements in China"--


Book
Civil disobedience
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ISBN: 150130044X 1441182292 1441126767 9781441182296 9781441119445 1441119442 9781441132093 1441132090 9781501300448 9781441126764 Year: 2013 Publisher: New York

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"Civil disobedience is a form of protest with a special standing with regards to the law that sets it apart from political violence. Such principled law-breaking has been witnessed in recent years over climate change, economic strife, and the treatment of animals. Civil disobedience is examined here in the context of contemporary political activism, in the light of classic accounts by Thoreau, Tolstoy, and Gandhi to call for a broader attitude towards what civil disobedience involves. The question of violence is discussed, arguing that civil disobedience need only be aspirationally non-violent and that although some protests do not clearly constitute law-breaking they may render people liable to arrest. For example, while there may not be violence against persons, there may be property damage, as seen in raids upon animal laboratories. Such forms of militancy raise ethical and legal questions. Arguing for a less restrictive theory of civil disobedience, the book will be a valuable resource for anyone studying social movements and issues of political philosophy, social justice, and global ethics."--Bloomsbury Publishing.


Book
Oman's basic statute and human rights : protections and restrictions : with a focus on nationality, shura, and freedom of association
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ISBN: 3112209001 Year: 2013 Publisher: Berlin : Klaus Schwarz Verlag,

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Recent developments in several Arab states in 2011 in what is now dubbed the 'Arab Spring', have refocused and placed human rights and freedoms norms at the forefront of many Arab states’ agenda. Over the last two decades or so there have been some developments in Gulf States in the areas of human rights and developments. However, substantial oil and gas revenues have served as a basis for social and economic development and Government largesse in providing basic needs has generally kept at bay demands for political freedoms in comparison to other parts of the world. This study seeks to answer the main question: To what extent is the application of human rights and freedoms set forth in the Oman Basic Statute compatible with international conventions? It aims to evaluate the importance of the constitution in Oman, and the extent to which it has succeeded in incorporating international human rights’ standards while walking the tightrope of reconciling this with core traditional social customs and Islamic values. It analyses the compatibility of constitutional and national laws and practice with international human rights standards and assesses current trends and policies. Three case studies for different rights and freedoms are conducted to explore the guarantees and weaknesses of different rights in practice. These are the areas of nationality 'as individual right' which is very important under the Omani system as it is the direct link to enjoyment of other rights and freedoms. The Shura is the second case study as a political right or a collective right which represents public participation in Oman. Finally, the Freedom of Association, as an example for the freedom of expression and opinion, which represents individual and group rights together. This research evaluation analyses in detail the developments since the promulgation of the Basic Statute in December 1996 but stretches to encompass developments till the status to the end of 2011.

Keywords

Civil rights. --- Oman.


Book
Annual Report on Human Rights : Serbia in 2011 - European Option Obstructed
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Year: 2013 Publisher: Belgrade, Serbia : Helsinški odbor za ljudska prava u Srbiji,

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Though formed a year ago, the Serbian government is still at the beginning – it has not yet adopted a systemic program or strategy. The structures in power are in permanent election campaign having an eye on their ratings on the one hand and demonization of the former government on the other. The biggest party of the ruling coalition, SNS, spares not even its coalition partners from criticism. SNS populist rhetoric is mainly after promoting Vice-Premier Aleksandar Vučić. The predominant populism is best exemplified by the arrest of suspects in “the struggle against corruption” and the “socially-oriented” budget for the year 2013 that subsidizes health insurance of a larger circle of citizens. All this gives rise to speculations about early elections, which are not to be ruled out. Aleksandar Vučić manifests a growing ambition to hold all the reins of power. He already controls all security services. Hence, citizens are under the impression that he is the most powerful man in Serbia. The steps the government has taken so far do not indicate its intention to reform the security sector; on the contrary, they indicate an ambition to strengthen partisan control over it. They neither indicate a plan for setting up permanent anti-corruption institutions and mechanisms. Primarily through the media controlled by parts or entire security services corruption is used for political showdowns and elimination of business competition. The security sector that has not undergone reform, operating under half-finished and legally discordant system of the democratic control and with cadres compromised on corruption will be unable to meet ambitious duties that have been allegedly imposed on it.


Book
Soziale Grundrechte : Arbeit, Bildung, Umweltschutz etc.
Authors: ---
ISBN: 3110888718 Year: 2013 Publisher: Berlin ; Boston : De Gruyter,

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Courting Justice : ten New Jersey cases that shook the nation
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ISBN: 0813561604 Year: 2013 Publisher: New Brunswick, New Jersey ; London : Rutgers University Press,

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Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world. Its decisions in cutting-edge cases have confronted society's toughest issues, reflecting changing social attitudes, modern life's complexities, and new technologies. Paul Tractenberg has selected ten of the court's landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases' litigation, enabling them to provide special insights. An overview chapter provides context for the court's distinctive activity. Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child's best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan's Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts. Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys 'R' Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes. For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, "the designated last-resort guarantor of the Constitution's command." For Tractenberg, the court's activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.

Keywords

Trials --- Law --- Civil rights


Book
Ain't scared of your jail : arrest, imprisonment, and the civil rights movement
Author:
ISBN: 0813043050 081304264X 9780813042640 9780813043050 9780813042411 0813042410 0813060354 9780813060354 Year: 2013 Publisher: Gainesville : University Press of Florida,

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An exploration of the impact on imprisonment of individuals involved in the Civil Rights Movement as a whole.


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Civil disobedience : an American tradition
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ISBN: 0300203861 Year: 2013 Publisher: New Haven, CT : Yale University Press,

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The distinctive American tradition of civil disobedience stretches back to pre-Revolutionary War days and has served the purposes of determined protesters ever since. This stimulating book examines the causes that have inspired civil disobedience, the justifications used to defend it, disagreements among its practitioners, and the controversies it has aroused at every turn. Tracing the origins of the notion of civil disobedience to eighteenth-century evangelicalism and republicanism, Lewis Perry discusses how the tradition took shape in the actions of black and white abolitionists and antiwar protesters in the decades leading to the Civil War, then found new expression in post-Civil War campaigns for women's equality, temperance, and labor reform. Gaining new strength and clarity from explorations of Thoreau's essays and Gandhi's teachings, the tradition persisted through World War II, grew stronger during the decades of civil rights protest and antiwar struggles, and has been adopted more recently by anti-abortion groups, advocates of same-sex marriage, opponents of nuclear power, and many others. Perry clarifies some of the central implications of civil disobedience that have become blurred in recent times-nonviolence, respect for law, commitment to democratic processes-and throughout the book highlights the dilemmas faced by those who choose to violate laws in the name of a higher morality.


Book
Canadian charter of rights and freedoms = Charte canadienne des droits et libertés
Authors: ---
ISBN: 9780433471400 0433471409 Year: 2013 Publisher: Markham: LexisNexis,

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The World Bank Legal Review, Volume 5 : Fostering Development through Opportunity, Inclusion, and Equity
Authors: --- --- --- ---
ISBN: 1464800383 Year: 2013 Publisher: Washington, D.C., The World Bank,

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This volume will explore the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable. Laws, legal frameworks and judicial institutions can create opportunity by providing the space to build human capital and assets, create jobs, and encourage individuals and organizations to make productive investments based on a greater sense of stability. They can also promote inclusion by advancing access to jobs and expanding the reach and quality of services including access to justice as well as promote equity by supporting equal opportunities, promoting open and accountable governance, and effective judicial and legal institutions. The objective is to shift focus to laws, legal frameworks and judicial institutions. To this end, submissions will explore the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.

Keywords

Civil rights. --- Jurisprudence. --- Africa --- India

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