51 books match the query 'Rights' and 12 start with t

cover of The Bill of Rights in the Modern State

The Bill of Rights in the Modern State

Edited by Geoffrey R. Stone, Richard A. Epstein, and Cass R. Sunstein

University of Chicago Press, 1992

Although the Bill of Rights has existed for two hundred years, the last half century has seen dramatic changes in its meaning and scope. The essays collected in this volume represent the full range of views and interpretations of what these first ten amendments to the U. S. Constitution mean today as guarantors of individual rights.

The contributors to this volume are among the most prominent constitutional scholars in the country. Most of the essays are grouped in pairs, each of which offers conflicting positions on current constitutional controversies, including property rights, freedom of religion, freedom of speech, levels of generality in constitutional interpreation, and unemumerated rights.

The contributors are: Bruce Ackerman, Mary E. Becker, Ronald Dworkin, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Mary Ann Glendon, Philip B. Kurland, Frank J. Michaelman, Michael W. McConnell, Richard A. Posner, Kathleen M. Sullivan, John Paul Stevens, David A. Strauss, and Cass R. Sunstein.

"A thoughtful and well coordinated set of exchanges between leading modern constitutional theorists about the most significant issues related to the Bill of Rights and the Welfare State. These issues are debated through penetrating essays by opposing theorists who get to the heart of these issues and provide significant answers to their debate opponents' points."—Thomas R. Van Dervort, Southeastern Political Review
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cover of The Community of Rights

The Community of Rights

Alan Gewirth

University of Chicago Press, 1997

Alan Gewirth extends his fundamental principle of equal and universal human rights, the Principle of Generic Consistency, into the arena of social and political philosophy, exploring its implications for both social and economic rights. He argues that the ethical requirements logically imposed on individual action hold equally for the supportive state as a community of rights, whose chief function is to maintain and promote the universal human rights to freedom and well-being. Such social afflictions as unemployment, homelessness, and poverty are basic violations of these rights, which the supportive state is required to overcome. A critical alternative to both "liberal" and "communitarian" views, this book will command the attention of anyone engaged in the debate over social and economic justice.
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cover of The Defender: The Battle to Protect the Rights of the Accused in Philadelphia

The Defender

The Battle to Protect the Rights of the Accused in Philadelphia

Edward W. Madeira Jr. and Michael D. Schaffer

Temple University Press, 2020

Long before the Supreme Court ruled that impoverished defendants in criminal cases have a right to free counsel, Philadelphia’s public defenders were working to ensure fair trials for all. In 1934, when penniless defendants were routinely railroaded through the courts without ever seeing a lawyer, Philadelphia attorney Francis Fisher Kane helped create the Voluntary Defender Association, supported by charity and free from political interference, to represent poor people accused of crime. 

When the Supreme Court’s 1963 decision Gideonv. Wainwright mandated free counsel for indigent defendants, the Defender (as it is now known) became more essential than ever, representing at least 70 percent of those caught in the machinery of justice in the city. Its groundbreaking work in juvenile advocacy, homicide representation, death-row habeas corpus petitions, parole issues, and alternative sentencing has earned a national reputation.

In The Defender, Edward Madeira, past president of the Defender’s Board of Directors, and former Philadelphia Inquirer journalist Michael Schaffer chart the 80-plus-year history of the organization as it grew from two lawyers in 1934 to a staff of nearly 500 in 2015.

This is a compelling story about securing justice for those who need it most.

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cover of The Elusive Promise of Indigenous Development: Rights, Culture, Strategy

The Elusive Promise of Indigenous Development

Rights, Culture, Strategy

Karen Engle

Duke University Press, 2010

Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences.

Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy.

Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.

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cover of The Fierce Urgency of Now: Improvisation, Rights, and the Ethics of Cocreation

The Fierce Urgency of Now

Improvisation, Rights, and the Ethics of Cocreation

Daniel Fischlin, Ajay Heble, and George Lipsitz

Duke University Press, 2013

The Fierce Urgency of Now links musical improvisation to struggles for social change, focusing on the connections between the improvisation associated with jazz and the dynamics of human rights struggles and discourses. The authors acknowledge that at first glance improvisation and rights seem to belong to incommensurable areas of human endeavor. Improvisation connotes practices that are spontaneous, personal, local, immediate, expressive, ephemeral, and even accidental, while rights refer to formal standards of acceptable human conduct, rules that are permanent, impersonal, universal, abstract, and inflexible. Yet the authors not only suggest that improvisation and rights can be connected; they insist that they must be connected.

Improvisation is the creation and development of new, unexpected, and productive cocreative relations among people. It cultivates the capacity to discern elements of possibility, potential, hope, and promise where none are readily apparent. Improvisers work with the tools they have in the arenas that are open to them. Proceeding without a written score or script, they collaborate to envision and enact something new, to enrich their experience in the world by acting on it and changing it. By analyzing the dynamics of particular artistic improvisations, mostly by contemporary American jazz musicians, the authors reveal improvisation as a viable and urgently needed model for social change. In the process, they rethink politics, music, and the connections between them.

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cover of The Politics of Rights: Lawyers, Public Policy, and Political Change

The Politics of Rights

Lawyers, Public Policy, and Political Change

Stuart A. Scheingold

University of Michigan Press, 2004

Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies.

"Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion."
-Gerald N. Rosenberg, University of Chicago

"This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic."
-Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword

Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

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cover of The Price of Misfortune: Rights and Wrongs in Indebted America

The Price of Misfortune

Rights and Wrongs in Indebted America

Daniel Platt

University of Chicago Press, 2023

A history of the struggle for debtors’ rights from the Civil War to the Great Depression

What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors’ rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law.
 
Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the experiences of wage garnishment and property foreclosure. He traces the ways those analogies were used to campaign for bold new protections for debtors, keeping them secure in their labor, property, and personhood. Yet, as Platt demonstrates, those reforms tended to assume as their ideal borrower someone who was white, propertied, and male. In subsequent decades, the emancipatory promise of debtors’ rights would be tested as women, wage earners, and African Americans seized on their language to challenge other structural inequalities: the dependency of marriage, the exploitation of industrial capitalism, and the oppression of Jim Crow. By reconstructing these forgotten developments—and recovering the experiences of indebted farmwives, sharecroppers, and wage workers—The Price of Misfortune narrates a new history of inequality, coercion, and law amid the early financialization of American capitalism.
 
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cover of The Price of Misfortune: Rights and Wrongs in Indebted America

The Price of Misfortune

Rights and Wrongs in Indebted America

Daniel Platt

University of Chicago Press, 2023

This is an auto-narrated audiobook version of this book.

A history of the struggle for debtors’ rights from the Civil War to the Great Depression


What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors’ rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law.
 
Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the experiences of wage garnishment and property foreclosure. He traces the ways those analogies were used to campaign for bold new protections for debtors, keeping them secure in their labor, property, and personhood. Yet, as Platt demonstrates, those reforms tended to assume as their ideal borrower someone who was white, propertied, and male. In subsequent decades, the emancipatory promise of debtors’ rights would be tested as women, wage earners, and African Americans seized on their language to challenge other structural inequalities: the dependency of marriage, the exploitation of industrial capitalism, and the oppression of Jim Crow. By reconstructing these forgotten developments—and recovering the experiences of indebted farmwives, sharecroppers, and wage workers—The Price of Misfortune narrates a new history of inequality, coercion, and law amid the early financialization of American capitalism.
 
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cover of The Rights of Communication: Beyond Free Speech

The Rights of Communication

Beyond Free Speech

Amit M. Schejter

University of Westminster Press, 2027

Freedom of expression has long been regarded as the cornerstone of democratic theory, communication law, and human rights. Yet many of the rights that shape contemporary communication, including the right to receive information, the right to be heard, privacy, anonymity, memory, and the governance of digital platforms, sit uneasily within an expression-centred framework. The Rights of Communication: Beyond Free Speech argues that a Right to Communication should instead serve as the normative foundation for rights that sustain communication.


Drawing on philosophy, communication theory, legal scholarship, and media policy, Amit M. Schejter develops a theory of a foundational Right to Communication from which a coherent family of Communication Rights emerges. Rather than treating these rights as isolated doctrines or as extensions of free speech, the book shows how they protect the people, institutions, and conditions that make meaningful human communication possible.


The book examines rights associated with senders, receivers, media and platforms, the integrity of communication, information, privacy, non-communication, and memory, arguing that together they constitute a coherent architecture of Communication Rights. Combining normative theory with constitutional analysis and comparative perspectives from the United States, Europe, and international human rights law, it offers a new way of thinking about the relationship between communication and human rights. 

The Rights of Communication: Beyond Free Speech will be of interest to scholars and students of communication, media, law, political science, and human rights, as well as policymakers and legal practitioners concerned with the future of democratic communication.
 

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cover of The Rights of Nature and the Testimony of Things: Literature and Environmental Ethics from Latin America

The Rights of Nature and the Testimony of Things

Literature and Environmental Ethics from Latin America

Mark Anderson

Vanderbilt University Press, 2024

The Rights of Nature and the Testimony of Things begins by analyzing the ethical debates and political contexts relating to Latin American “rights of nature” legislation and the political ontology of nonhuman speech within a framework of intercultural and multispecies diplomacy. Author Mark Anderson shows how Latin American authors and thinkers complicate traditional humanistic perspectives on nature, the social, and politics, exploring how animals, plants, and environments as a whole might be said to engage in social relations and political speech or self-representation.

Drawing Native Amazonian thought into productive tension with a variety of posthumanist theoretical frameworks—ranging from Derrida’s conceptualization of passive decision and hospitality to biosemiotics, Karen Barad’s theorization of intra-activity, and Isabelle Stengers’ proposal for cosmopolitical diplomacy—Anderson analyzes literary works by Julio Cortázar, Clarice Lispector, José Eustasio Rivera, and Davi Kopenawa that reframe environmental ethics in terms of collective, multispecies work and reciprocal care and politics as a cosmopolitics of friendship rooted in diplomacy across difference. Finally, Anderson examines the points of connection and divergences between Latin American relational ontologies and Euro American posthumanist theories within Indigenous Latin American remodernization projects that reappropriate and repurpose ancestral practices as well as develop new technologies with the goal of forging alternative modernities compatible with a livable future for all species.
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cover of The Rights of Nature: A History of Environmental Ethics

The Rights of Nature

A History of Environmental Ethics

Roderick Frazier Nash

University of Wisconsin Press, 1989

Charting the history of contemporary philosophical and religious beliefs regarding nature, Roderick Nash focuses primarily on changing attitudes toward nature in the United States.  His work is the first comprehensive history of the concept that nature has rights and that American liberalism has, in effect, been extended to the nonhuman world.

“A splendid book.  Roderick Nash has written another classic.  This exploration of a new dimension in environmental ethics is both illuminating and overdue.”—Stewart Udall
    
“His account makes history ‘come alive.’”—Sierra

“So smoothly written that one almost does not notice the breadth of scholarship that went into this original and important work of environmental history.”—Philip Shabecoff, New York Times Book Review

“Clarifying and challenging, this is an essential text for deep ecologists and ecophilosophers.”—Stephanie Mills, Utne Reader

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cover of The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America

The Rights of the Defenseless

Protecting Animals and Children in Gilded Age America

Susan J. Pearson

University of Chicago Press, 2011

In 1877, the American Humane Society was formed as the national organization for animal and child protection. Thirty years later, there were 354 anticruelty organizations chartered in the United States, nearly 200 of which were similarly invested in the welfare of both humans and animals. In The Rights of the Defenseless, Susan J. Pearson seeks to understand the institutional, cultural, legal, and political significance of the perceived bond between these two kinds of helpless creatures, and the attempts made to protect them.

Unlike many of today’s humane organizations, those Pearson follows were delegated police powers to make arrests and bring cases of cruelty to animals and children before local magistrates. Those whom they prosecuted were subject to fines, jail time, and the removal of either animal or child from their possession. Pearson explores the limits of and motivation behind this power and argues that while these reformers claimed nothing more than sympathy with the helpless and a desire to protect their rights, they turned “cruelty” into a social problem, stretched government resources, and expanded the state through private associations. The first book to explore these dual organizations and their storied history, The Rights of the Defenseless will appeal broadly to reform-minded historians and social theorists alike.

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