A SCHOLARLY BOOK REPOSITORY
Alexander Karn analyzes more than a dozen Holocaust commissions—in Germany, Switzerland, France, Poland, Austria, Latvia, Lithuania, and elsewhere—in a comparative framework, situating each in the context of past and present politics, to evaluate their potential for promoting justice and their capacity for bringing the perspectives of rival groups more closely together. Karn also evaluates the media coverage these commissions received and probes their public reception from multiple angles.
Arguing that historical commissions have been underused as a tool for conflict management, Karn develops a program for historical mediation and moral reparation that can deepen democratic commitment and strengthen human rights in both transitional regimes and existing liberal states.
Beyond Left and Right is a sweeping overview of political insurgency in the United States from the 1880s to the present. It is at once a stunning synthesis, drawing on a large number of scholarly works, and an ambitious and original piece of research. The book ranges over diverse individuals and groups that have attacked the established order, from the left and the right, from the Populists of the 1890s to Ross Perot and the religious right of our times, dealing along the way with non-interventionists, Klans, monetary radicals, McCarthyites, Birchers, and Reaganites, among many others.
Christina Xydias shows that some right-leaning parties advocate for women’s rights and interests, while left- and right-leaning parties can be equally indifferent to lack of representation for women from marginalized groups. These findings follow from analyses of election results, transcripts from debates and speeches, and personal interviews, as well as from a close reading of intertwined military and citizenship policies that illustrate how women’s and ethnic minority groups’ rights are constructed.
Beyond Left, Right, and Center concludes with an analysis of women’s representation across OECD countries, showing that right-leaning parties are more likely to support women’s rights and interests in societies that are more egalitarian.
Offering four Black rhetorics as antiracist means for rhetorical reclamation—autoethnography, hashtagging, inter(con)textual reading, and reconceptualized disruption—the book uses Black feminist relationality via an African indigenous approach. Maraj examines fluid, quotidian ways Black folk engage anti/racism at historically white institutions in the United States in response to violent campus spaces, educational structures, protest movements, and policy practice. Black or Right’s experimental, creative style strives to undiscipline knowledge from academic confinement. Exercising different vantage points in each chapter—autoethnographer, digital media scholar/pedagogue, cultural rhetorician, and critical discourse analyst—Maraj challenges readers to ecologically understand shifting, multiple meanings of Blackness in knowledge-making. Black or Right’s expressive form, organization, narratives, and poetics intimately interweave with its argument that Black folk must continuously invent “otherwise” in reiterative escape from oppressive white spaces.
In centering Black experiences, Black theory, and diasporic Blackness, Black or Right mobilizes generative approaches to destabilizing institutional whiteness, as opposed to reparative attempts to “fix racism,” which often paradoxically center whiteness. It will be of interest to both academic and general readers and significant for specialists in cultural rhetorics, Black studies, and critical theory.
Consumers of American media find themselves in a news world that has shifted toward more conservative reporting. This book takes a measured, historical view of the shift, addressing factors that include the greater skill with which conservatives have used the media, the media’s gradual trend toward conservatism, the role of religion, and the effects of media conglomeration. The book makes the case that the media have managed to not only enable today’s conservative resurgence but also ignore, largely, the consequences of that change for the American people.
More than a survey or work of advocacy, A Death of One’s Own examines the consequences and limits of the three reasons most often cited for supporting a person’s right to die: that it is justified as an expression of personal autonomy or self-ownership; that it constitutes an act of self-authorship, of “choosing a final chapter” in one’s life; and that it enables what has come to be called “death with dignity.” Probing the intersections of law and literature, Stark interweaves close discussion of major legal, political, and philosophical arguments with revealing readings of literary and testimonial texts by writers including Balzac, Melville, Benjamin, and Améry.
A thought-provoking work that will be of interest to those concerned with law and humanities, biomedical ethics, cultural history, and human rights, A Death of One’s Own opens new and suggestive paths for thinking about the history of modern death as well as the unsettled future of the right to die.
In 1920, socialist leader Eugene V. Debs ran for president while serving a ten-year jail term for speaking against America’s role in World War I. Though many called Debs a traitor, others praised him as a prisoner of conscience, a martyr to the cause of free speech. Nearly a million Americans agreed, voting for a man whom the government had branded an enemy to his country.
In a beautifully crafted narrative, Ernest Freeberg shows that the campaign to send Debs from an Atlanta jailhouse to the White House was part of a wider national debate over the right to free speech in wartime. Debs was one of thousands of Americans arrested for speaking his mind during the war, while government censors were silencing dozens of newspapers and magazines. When peace was restored, however, a nationwide protest was unleashed against the government’s repression, demanding amnesty for Debs and his fellow political prisoners. Led by a coalition of the country’s most important intellectuals, writers, and labor leaders, this protest not only liberated Debs, but also launched the American Civil Liberties Union and changed the course of free speech in wartime.
The Debs case illuminates our own struggle to define the boundaries of permissible dissent as we continue to balance the right of free speech with the demands of national security. In this memorable story of democracy on trial, Freeberg excavates an extraordinary episode in the history of one of America’s most prized ideals.
Excavating Marx’s early writings to rethink the rights of the poor and the idea of the commons in an era of unprecedented privatization
The politics of dispossession are everywhere. Troubling developments in intellectual property, genomics, and biotechnology are undermining established concepts of property, while land appropriation and ecological crises reconfigure basic institutions of ownership. In The Dispossessed, Daniel Bensaïd examines Karl Marx’s early writings to establish a new framework for addressing the rights of the poor, the idea of the commons, and private property as a social institution.
In his series of articles from 1842–43 about Rhineland parliamentary debates over the privatization of public lands and criminalization of poverty under the rubric of the “theft of wood,” Marx identified broader anxieties about customary law, property rights, and capitalist efforts to privatize the commons. Bensaïd studies these writings to interrogate how dispossession continues to function today as a key modality of power. Brilliantly tacking between past and present, The Dispossessed discloses continuity and rupture in our relationships to property and, through that, to one another.
In addition to Bensaïd’s prescient work of political philosophy, The Dispossessed includes new translations of Marx’s original “theft of wood” articles and an introductory essay by Robert Nichols that lucidly contextualizes the essays.
Using a rich array of archival sources, Michael Brenes draws important connections between economic inequality and American militarism that enhance our understanding of the Cold War's continued impact on American democracy and the resilience of the military-industrial complex, up to the age of Donald Trump.
This innovative perspective has implications for understanding not only the rise of fascism and Nazism in Germany but also the rise and fall of the New Left in the United States and Europe, which was occurring at the time of Mosse’s writing. A new critical introduction by Sarah Wobick-Segev, research associate at the University of Hamburg, places Mosse’s work in its historical and intellectual contexts and draws lessons for students and scholars today.
To observe a dog's guilty look.
to witness a gorilla's self-sacrifice for a wounded mate, to watch an elephant herd's communal effort on behalf of a stranded calf--to catch animals in certain acts is to wonder what moves them. Might there he a code of ethics in the animal kingdom? Must an animal be human to he humane? In this provocative book, a renowned scientist takes on those who have declared ethics uniquely human Making a compelling case for a morality grounded in biology, he shows how ethical behavior is as much a matter of evolution as any other trait, in humans and animals alike.
World famous for his brilliant descriptions of Machiavellian power plays among chimpanzees-the nastier side of animal life--Frans de Waal here contends that animals have a nice side as well. Making his case through vivid anecdotes drawn from his work with apes and monkeys and holstered by the intriguing, voluminous data from his and others' ongoing research, de Waal shows us that many of the building blocks of morality are natural: they can he observed in other animals. Through his eyes, we see how not just primates but all kinds of animals, from marine mammals to dogs, respond to social rules, help each other, share food, resolve conflict to mutual satisfaction, even develop a crude sense of justice and fairness.
Natural selection may be harsh, but it has produced highly successful species that survive through cooperation and mutual assistance. De Waal identifies this paradox as the key to an evolutionary account of morality, and demonstrates that human morality could never have developed without the foundation of fellow feeling our species shares with other animals. As his work makes clear, a morality grounded in biology leads to an entirely different conception of what it means to he human--and humane.
Linguistic Human Rights (LHR) is a fast growing new area of study combining the principles of national and international law with the study of language as a central dimension of ethnicity. Implementation of these principles is aimed at ensuring that no state or society violates these basic rights.
This path breaking study broadens our knowledge of the important role of language in minority rights and in social and political struggles for LHRs. Exploring the interactions of linguistic diversity, biodiversity, the free market and human rights, the contributors present case studies to highlight such issues as Kurdish satellite TV attempting to create a virtual state on the air through trying to achieve basic LHR’s for Kurds in Turkey; the implementation of LHRs in the Baltic states; language rights activism in Canada; the spread of English as an international language; and the obstacles met in education by Roma and the Deaf in Hungary because of lack of appropriate LHRs.
Language: A Right and a Resource is a valuable multi-disciplinary text which can be used in a variety of different areas of study in the legal profession, linguistics, cultural and political studies.
Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
Bobbio argues that left and right are not absolute terms, but represent a shifting map of the political spectrum, relative to the particular cultural and historical contexts of a given time. The distinction continues to endure because it reflects the essentially antithetical nature and dynamics of democratic politics. In his accessible yet provocative style, Bobbio constructs a historically informed, analytic division of the political universe along two foundational axes, from equality to inequality, from liberty to authoritarianism. He then charts the past and present tendencies of the left and the right, in both their more moderate and more virulently extreme forms. Ultimately, for Bobbio, the measure of post-modern democracy will indeed lie in where and how we situate ourselves relative to these critical left/right parameters, in whether we cast ourselves, our votes, and our era in terms of political expediency, social viability, or moral responsibility.
A bestseller in Italy, where it sold over three hundred thousand copies, Left and Right is an important contribution to our understanding of global political developments in the 1990s and beyond.
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate.
What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently.
How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason.
Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
—Amendment II, United States Constitution
The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the amendment's second clause (declaring the right to bear arms) depends entirely on the premise set out in the amendment's first clause (stating that a well-regulated militia is necessary to the security of a free state). The authors demonstrate that the militia envisioned by the framers of the Bill of Rights in 1789 has long since disappeared from the American scene, leaving no lineal descendants. The constitutional right to bear arms, Uviller and Merkel conclude, has evaporated along with the universal militia of the eighteenth century.
Using records from the founding era, Uviller and Merkel explain that the Second Amendment was motivated by a deep fear of standing armies. To guard against the debilitating effects of militarism, and against the ultimate danger of a would-be Caesar at the head of a great professional army, the founders sought to guarantee the existence of well-trained, self-armed, locally commanded citizen militia, in which service was compulsory. By its very existence, this militia would obviate the need for a large and dangerous regular army. But as Uviller and Merkel describe the gradual rise of the United States Army and the National Guard over the last two hundred years, they highlight the nation's abandonment of the militia ideal so dear to the framers. The authors discuss issues of constitutional interpretation in light of radically changed social circumstances and contrast their position with the arguments of a diverse group of constitutional scholars including Sanford Levinson, Carl Bogus, William Van Alstyne, and Akhil Reed Amar.
Espousing a centrist position in the polarized arena of Second Amendment interpretation, this book will appeal to those wanting to know more about the amendment's relevance to the issue of gun control, as well as to those interested in the constitutional and political context of America's military history.
Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.
In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizens’ freedom to leave the country and return is a fundamental right, protected by the Constitution.
Who was responsible for the crimes of the Nazis? Party leaders and members? Rank-and-file soldiers and bureaucrats? Ordinary Germans? This question looms over German disputes about the past like few others. It also looms over the art and architecture of postwar Germany in ways that have been surprisingly neglected. In The Nazi Perpetrator, Paul B. Jaskot fundamentally reevaluates pivotal developments in postwar German art and architecture against the backdrop of contentious contemporary debates over the Nazi past and the difficulty of determining who was or was not a Nazi perpetrator.
Like their fellow Germans, postwar artists and architects grappled with the Nazi past and the problem of defining the Nazi perpetrator—a problem that was thoroughly entangled with contemporary conservative politics and the explosive issue of former Nazis living in postwar Germany. Beginning with the formative connection between Nazi politics and art during the 1930s, The Nazi Perpetrator traces the dilemma of identifying the perpetrator across the entire postwar period. Jaskot examines key works and episodes from West Germany and, after 1989, reunified Germany, showing how the changing perception of the perpetrator deeply impacted art and architecture, even in cases where artworks and buildings seem to have no obvious relation to the Nazi past. The book also reinterprets important periods in the careers of such major figures as Gerhard Richter, Anselm Kiefer, and Daniel Libeskind.
Combining political history with a close analysis of specific works, The Nazi Perpetrator powerfully demonstrates that the ongoing influence of Nazi Germany after 1945 is much more central to understanding a wide range of modern German art and architecture than cultural historians have previously recognized.
Plebiscites, or referendums, are epitomes of direct democracy and the right of self-determination. While direct democracy has always been a key subject in the theory and practice of western liberal democracies, the issue of self-determination has been propelled to the fore by the hegemonistic moves of Russia. By providing a historical analysis of the post-World War One plebiscites, this book deals with enduring, painfully contemporary, and in in any case fundamental, concepts.
The contributors to this edited volume approach the referendums comparatively. After grounding the analysis theoretically, the authors look at detailed aspects of individual cases, with the two plebiscites held in the Danish-German border region of Schleswig in the winter of 1920 as points of departure. They then extend the exploration through the inter-war period and address the effects of border delimitations on everyday life or gender roles in the context of ethnic mobilization. Finally, the book places the post-World War One plebiscites in a long-term perspective. The concluding essays assess, among others, the applicability of plebiscitary solutions to contemporary conflicts, taking into consideration issues of borders, religion, language, identity, and minority rights.
This book examines the legacy of the racial imaginary in Mexico with a focus on the Wixarika (Huichol) Indigenous peoples of the western Sierra Madre from the colonial period to the present. Through an examination of the politics of identity, space, and activism among Wixarika university students living and working in the western Mexican cities of Tepic and Guadalajara, geographer Diana Negrín analyzes the production of racialized urban geographies and reveals how Wixarika youth are making claims to a more heterogeneous citizenship that challenges these deep-seated discourses and practices. Through the weaving together of historical material, critical interdisciplinary scholarship, and rich ethnography, this book sheds light on the racialized history, urban transformation, and contemporary Indigenous activism of a region of Mexico that has remained at the margins of scholarship.
Some acts are wrong, even if they have good results, and some are right even if the world would have been a better place without them. Here is a cogent and lucid argument for a system of morality that makes place for that which is right or wrong in itself and not just according to consequences. Charles Fried develops in this book a conception of right and wrong that supports judgments on subjects as various as tax structure, self-defense, kidney transplants, tort liability, and freedom of speech.
Fried begins by examining the demands of morality in two quite different cases: harming the innocent (where ordinary moral consciousness suggests absolutes) and lying (where consequences seem pertinent). Upon this foundation he elaborates a theory of rights that accounts for the obligation to contribute to the welfare of others but accounts also for the limits of that obligation. Comparisons and contrasts are drawn to economic theories of rights, and to the writings of Dworkin, Nozick, and Rawls. Finally, Fried considers how choices made within personal and professional roles—by friends and kin, by doctors and lawyers—are susceptible of moral judgment.
Right and Wrong will have an impact on ethical, legal, and social theory, and will profit anyone thinking about the requirements of a moral life.
"A real contribution to Michigan history that gets to the root of the movements in twentieth-century American history that upon reflection can bring a certain discomfort and unease."
---Francis X. Blouin, Director of the Bentley Historical Library, University of Michigan
Throughout the twentieth century, Michigan became home to nearly every political movement in America that emerged from the grassroots. Citizens organized on behalf of concerns on the "left," on the "right," and in the "middle of the road." Right in Michigan's Grassroots: From the KKK to the Michigan Militia is about the people who supported movements that others, then and later, would denounce as disgraceful---members of the Ku Klux Klan during the 1920s, the followers of Father Charles Coughlin in the 1930s, anti-Communists and the John Birch Society in the post–World War II era, and the members of the Michigan Militia who first appeared in the 1990s.
The book explores the complex historical circumstances in Michigan that prompted the emergence of these organizations and led everyday men and women to head off, despite ridicule or condemnation, with plans unsanctioned and tactics unorthodox, variously brandishing weapons of intimidation, discrimination, fearmongering, and terror. Drawing heavily on primary sources, including the organizations' files and interviews with some of their leaders and surviving members, JoEllen Vinyard provides a far more complete portrait of these well-known extremist groups than has ever been available.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works.
The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn.
The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
The tragedy of traffic violence has barely registered with the media and wider culture. Disproportionately the victims are like Duarte-Rodriguez—immigrants, the poor, and people of color. They have largely been blamed and forgotten.
In Right of Way, journalist Angie Schmitt shows us that deaths like Duarte-Rodriguez’s are not unavoidable “accidents.” They don’t happen because of jaywalking or distracted walking. They are predictable, occurring in stark geographic patterns that tell a story about systemic inequality. These deaths are the forgotten faces of an increasingly urgent public-health crisis that we have the tools, but not the will, to solve.
Schmitt examines the possible causes of the increase in pedestrian deaths as well as programs and movements that are beginning to respond to the epidemic. Her investigation unveils why pedestrians are dying—and she demands action. Right of Way is a call to reframe the problem, acknowledge the role of racism and classism in the public response to these deaths, and energize advocacy around road safety. Ultimately, Schmitt argues that we need improvements in infrastructure and changes to policy to save lives.
Right of Way unveils a crisis that is rooted in both inequality and the undeterred reign of the automobile in our cities. It challenges us to imagine and demand safer and more equitable cities, where no one is expendable.
Contributors include John Dumbrell (University of Leicester, UK), Martin Durham (University of Wolverhampton, UK), Godfrey Hodgson (Rothermere American Institute, Oxford University, UK), Steven Hurst (Manchester Metropolitan University, UK), Klaus Larres (Royal Holloway College, University of London, UK), Bob McKeever (University of Reading, UK), John Owens (University of Westminster, UK), Rob Singh (Birkbeck College, University of London, UK), and Alex Waddan (University of Sunderland, UK).
An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials
With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context.
Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators.
The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.
for their political agendas as Americans try to determine the role--if
any--of the federal government in the lives of children. But what is the
history of child welfare policy in the United States? What can we learn
from the efforts to found the U.S. Children's bureau in 1903 and its eventual
dismemberment in 1946?
This is the first history of the Children's Bureau and the first in-depth
examination of federal child welfare policy from the perspective of that
agency. Its goal was to promote "a right to childhood," and
Kriste Lindenmeyer unflinchingly examines the successes--and the failures--of
the Bureau. She analyzes infant and maternal mortality, the promotion
of child health care, child labor reform, and the protection of children
with "special needs" from the Bureau's inception through the
Depression, and through all the legislation that impacted on its work
for children. The meaningful accomplishments and the demise of the Children's
Bureau have much to tell parents, politicians, and policy-makers everywhere.
There are few issues more divisive than what has become known as “the right to die.” One camp upholds “death with dignity,” regarding the terminally ill as autonomous beings capable of forming their own judgment on the timing and process of dying. The other camp advocates “sanctity of life,” regarding life as intrinsically valuable, and that should be sustained as long as possible. Is there a right answer?
Raphael Cohen-Almagor takes a balanced approach in analyzing this emotionally charged debate, viewing the dispute from public policy and international perspectives. He offers an interdisciplinary, compelling study in medicine, law, religion, and ethics. It is a comprehensive look at the troubling question of whether physician-assisted suicide should be allowed. Cohen-Almagor delineates a distinction between active and passive euthanasia and discusses legal measures that have been invoked in the United States and abroad. He outlines reasons non-blood relatives should be given a role in deciding a patient’s last wishes. As he examines euthanasia policies in the Netherlands and the 1994 Oregon Death with Dignity Act, the author suggests amendments and finally makes a circumscribed plea for voluntary physician-assisted suicide.
Samuels demonstrates that Jewish difference has always been essential to the elaboration of French universalism, whether as its foil or as proof of its reach. He traces the development of this discourse through key moments in French history, from debates over granting Jews civil rights during the Revolution, through the Dreyfus Affair and Vichy, and up to the rise of a “new antisemitism” in recent years. By recovering the forgotten history of a more open, pluralistic form of French universalism, Samuels points toward new ways of moving beyond current ethnic and religious dilemmas and argues for a more inclusive view of what constitutes political discourse in France.
The Right to Difference examines novels that depict human rights violations in order to explore causes of intergroup violence within diverse societies, using Germany as a test case. In these texts, the book shows that an exaggeration of difference between minority and majority groups leads to violence. Germany has become increasingly diverse over the past decades due to skilled labor migration and refugee movements. In light of this diversity, this book’s approach transcends a divide between migrant and post-migrant German literature on the one hand and a national literature on the other hand. Addressing competing definitions of national identity as well as the contest between cultural homogeneity and diversity, the author redefines the term “intercultural literature.” It becomes not a synonym for authors who do not belong to a national literature, such as migrant writers, but a way of reading literature with an intercultural lens.
This book builds a theory of intercultural literature that focuses on the multifaceted nature of identity, in which ethnicity represents only one of many characteristics defining individuals. To develop intercultural competence, one needs to adopt a complex image of individuals that allows for commonalities and differences by complicating the notion of sharp contrasts between groups. Revealing the affective allegiances formed around other characteristics (gender, profession, personal motivations, relationships, and more) allows for similarities that grouping into large, homogeneous, and seemingly exclusive entities conceals. Eight novels analyzed in this book remember and reveal human rights violations, such as genocide, internment and torture, violent expulsion, the reasons for fleeing a country, dangerous flight routes and the difficulty of settling in a new country. Some of these novels allow for affective identification with diverse characters and cast the protagonists as individuals with plural perspectives and identities rather than monolithic members of one large national or ethnic group, whereas others emphasize the commonalities of all people.
Ultimately, the author makes the case for German Studies to contribute to an antiracist approach to diversity by redefining what it means to be German and establishing difference as a fundamental human right.
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation.
Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows.
Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms.
Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
In 1988, a new health care system, the Sistema Único de Saúde (Unified Health Care System or SUS) was formally established in Brazil. The system was intended, among other goals, to provide universal access to health care services and to redefine health as a citizen’s right and a duty of the state. A Right to Health explores how these goals have unfolded within an urban peripheral community located on the edges of the northeastern city of Fortaleza. Focusing on the decade 1998–2008 and the impact of health care reforms on one low-income neighborhood, Jessica Jerome documents the tensions that arose between the ideals of the reforms and their entanglement with pervasive socioeconomic inequality, neoliberal economic policy, and generational tension with the community.
Using ethnographic and historical research, the book traces the history of political activism in the community, showing that, since the community’s formation in the early 1930s, residents have consistently fought for health care services. In so doing, Jerome develops a multilayered portrait of urban peripheral life and suggests that the notion of health care as a right of each citizen plays a major role not only in the way in which health care is allocated, but, perhaps more importantly, in how health care is understood and experienced.
The contributors to A Right to Housing consider the key issues related to America's housing crisis, including income inequality and insecurity, segregation and discrimination, the rights of the elderly, as well as legislative and judicial responses to homelessness. The book offers a detailed examination of how access to adequate housing is directly related to economic security.
With essays by leading activists and scholars, this book presents a powerful and compelling analysis of the persistent inability of the U.S. to meet many of its citizens' housing needs, and a comprehensive proposal for progressive change.
A New Yorker Best Book of the Year
"It is a radiantly original contribution to a conversation gravely in need of new thinking."
–Ben Tarnoff, The New Yorker
A visionary reexamination of the value of privacy in today’s hypermediated world—not just as a political right but as the key to a life worth living.
The parts of our lives that are not being surveilled and turned into data diminish each day. We are able to configure privacy settings on our devices and social media platforms, but we know our efforts pale in comparison to the scale of surveillance capitalism and algorithmic manipulation. In our hyperconnected era, many have begun to wonder whether it is still possible to live a private life, or whether it is no longer worth fighting for.
The Right to Oblivion argues incisively and persuasively that we still can and should strive for privacy, though for different reasons than we might think. Recent years have seen heated debate in the realm of law and technology about why privacy matters, often focusing on how personal data breaches amount to violations of individual freedom. Yet as Lowry Pressly shows, the very terms of this debate have undermined our understanding of privacy’s real value. In a novel philosophical account, Pressly insists that privacy isn’t simply a right to be protected but a tool for making life meaningful.
Privacy deepens our relationships with others as well as ourselves, reinforcing our capacities for agency, trust, play, self-discovery, and growth. Without privacy, the world would grow shallow, lonely, and inhospitable. Drawing inspiration from the likes of Hannah Arendt, Jorge Luis Borges, and a range of contemporary artists, Pressly shows why we all need a refuge from the world: not a place to hide, but a psychic space beyond the confines of a digital world in which the individual is treated as mere data.
Waugh analyzes an eclectic international selection of films and issues from the 1920s to the present day. The essays provide a transcultural focus, moving from documentaries of the industrialized societies of North America and Europe to those of 1980s India and addressing such canonical directors as Dziga Vertov, Emile de Antonio, Barbara Hammer, Rosa von Praunheim, and Anand Patwardhan. Woven through the volume is the relationship of the documentary with the history of the Left, including discussions of LGBT documentary pioneers and the firebrand collectives that changed the history of documentary, such as Challenge for Change and ACT UP’s Women’s Collective.
Together with the introduction by the author, Waugh’s essays advance a defiantly and persuasively personal point of view on the history and significance of documentary film.
Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.
This original and significant contribution to the historiography of the civil rights movement and education in the South details a dramatic and disturbing chapter in American cultural history.
The tradition of American public libraries is closely tied to the perception that these institutions are open to all without regard to social background. Such was not the case in the segregated South, however, where public libraries barred entry to millions of African Americans and provided tacit support for a culture of white supremacy. A Right to Read is the first book to examine public library segregation from its origins in the late 19th century through its end during the tumultuous years of the 1960s civil rights movement. Graham focuses on Alabama, where African Americans, denied access to white libraries, worked to establish and maintain their own "Negro branches." These libraries-separate but never equal-were always underfunded and inadequately prepared to meet the needs of their constituencies.
By 1960, however, African Americans turned their attention toward desegregating the white public libraries their taxes helped support. They carried out "read-ins" and other protests designed to bring attention and judicial pressure upon the segregationists. Patterson Toby Graham contends that, for librarians, the civil rights movement in their institutions represented a conflict of values that pitted their professional ethics against regional mores. He details how several librarians in Alabama took the dangerous course of opposing segregationists, sometimes with unsettling results.
This groundbreaking work built on primary evidence will have wide cross-disciplinary appeal. Students and scholars of southern and African-American history, civil rights, and social science, as well as academic and public librarians, will appreciate Graham's solid research and astute analysis.
All too often an incident or accident, such as the eruption in Crown Heights with its legacy of bitterness and recrimination, thrusts Black–Jewish relations into the news. A volley of discussion follows, but little in the way of progress or enlightenment results—and this is how things will remain until we radically revise the way we think about the complex interactions between African Americans and Jews. A Right to Sing the Blues offers just such a revision.
“Black–Jewish relations,” Jeffrey Melnick argues, has mostly been a way for American Jews to talk about their ambivalent racial status, a narrative collectively constructed at critical moments, when particular conflicts demand an explanation. Remarkably flexible, this narrative can organize diffuse materials into a coherent story that has a powerful hold on our imagination. Melnick elaborates this idea through an in-depth look at Jewish songwriters, composers, and performers who made “Black” music in the first few decades of this century. He shows how Jews such as George Gershwin, Irving Berlin, Al Jolson, and others were able to portray their “natural” affinity for producing “Black” music as a product of their Jewishness while simultaneously depicting Jewishness as a stable white identity. Melnick also contends that this cultural activity competed directly with Harlem Renaissance attempts to define Blackness.
Moving beyond the narrow focus of advocacy group politics, this book complicates and enriches our understanding of the cultural terrain shared by African Americans and Jews.
The American founders did not endorse a citizen’s right to know. More openness in government, more frankness in a doctor’s communication with patients, more disclosure in a food manufacturer’s package labeling, and more public notice of actions that might damage the environment emerged in our own time.
As Michael Schudson shows in The Rise of the Right to Know, modern transparency dates to the 1950s, 1960s, and 1970s—well before the Internet—as reform-oriented politicians, journalists, watchdog groups, and social movements won new leverage. At the same time, the rapid growth of higher education after 1945, together with its expansive ethos of inquiry and criticism, fostered both insight and oversight as public values.
“One of the many strengths of The Rise of the Right To Know is its insistent emphasis on culture and its interaction with law…What Schudson shows is that enforceable access to official information creates a momentum towards a better use of what is disclosed and a refinement of how disclosure is best done.”
—George Brock, Times Literary Supplement
“This book is a reminder that the right to know is not an automatic right. It was hard-won, and fought for by many unknown political soldiers.”
—Monica Horten, LSE Review of Books
Since 2003 the characters from this story have had a highly visible presence in nearly every genre of popular culture: two major films, a literary sequel to the original adventures, a graphic novel featuring a grown-up Wendy Darling, and an Argentinean novel about a children's book writer inspired by J. M. Barrie. Simultaneously, Barrie surfaced as the subject of two major biographies and a feature film. The engaging essays in Second Star to the Right approach Pan from literary, dramatic, film, television, and sociological perspectives and, in the process, analyze his emergence and preservation in the cultural imagination.
The political stories narrated in Sodomy’s Solicitations are undoubtedly stories of racism, sexism, homophobia, and transphobia, but they are also stories of other political problems—and political possibilities. Fischel indicts U.S. sex offender regulatory regimes as state-sponsored sexual violence; offers a qualified defense for sexual expression in public; and argues that animal sexual abuse laws, with their exemptions for industrial agricultural practices, authorize the suffering they were enacted to deter. He also makes the case that laws criminalizing the exchange of sex for money are unconstitutional, and proposes that the best way to protect trans and queer children might just be to enfranchise them.
Sodomy’s Solicitations champions a right to queerness across rather than within identity formations—a right to relatively unpoliced gender, sexual, and intimate pluralism.
In the series Sexuality Studies
“Must reading for scholars, sexuality researchers, activists, and public policy and public health planners engaged in efforts to promote education on sex, sexually transmitted diseases, and HIV infection prevention for adolescents in schools.”—JAMA
Talk about Sex is a rich social history about the political transformations, cultural dynamics, and emotional rhetorical strategies that helped the right wing manufacture controversies on the local and national levels in the United States. Although the emergence of a politicized Christian Right is commonly dated at the mid-seventies, with the founding of groups like the Moral Majority, Talk about Sex tells the story of a powerful right-wing Christian presence in politics a full decade earlier. These activists used inflammatory sexual rhetoric—oftentimes deceptive and provocative—to capture the terms of public debate, galvanize voters, and reshape the culture according to their own vision.
This 20th Anniversary Edition includes a new preface and epilogue by the author that examines current controversies over public education on sexuality, gender, and race.
Demonstrating how the right wing draws on the cultural power of sexual shame and fear to build a political movement, Talk about Sex explores the complex entanglements of sexual knowledge, politics, and discourses.
In today’s world, responsible biocitizenship has become a new way of belonging in society. Individuals are expected to make “responsible” medical choices, including the decision to be screened for genetic disease. Paradoxically, we have even come to see ourselves as having the right to be responsible vis-à-vis the proactive mitigation of genetic risk. At the same time, the concept of genetic disease has become a new and powerful way of defining the boundaries between human groups. Tay-Sachs, an autosomal recessive disorder, is a case in point—with origins in the period of Eastern European Jewish immigration to the United States and United Kingdom that spanned the late nineteenth and early twentieth centuries, it has a long and fraught history as a marker of Jewish racial difference.
In Testing Fate, Shelley Z. Reuter asks: Can the biocitizen, especially one historically defined as a racialized and pathologized Other, be said to be exercising authentic, free choice in deciding whether to undertake genetic screening? Drawing on a range of historical and contemporary examples—doctors’ medical reports of Tay-Sachs since the first case was documented in 1881, the medical field’s construction of Tay-Sachs as a disease of Jewish immigrants, YouTube videos of children with Tay-Sachs that frame the disease as tragic disability avoidable through a simple genetic test, and medical malpractice suits since the test for the disease became available—Reuter shows that true agency in genetic decision-making can be exercised only from a place of cultural inclusion. Choice in this context is in fact a kind of unfreedom—a moral duty to act that is not really agency at all.
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