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On Peace, Place, and Postcoloniality
Cases and Controversies
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead.
The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order.
Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Violence and Dispossession in the Making of Everyday Life
Accumulating Insecurity examines the relationship between two vitally important contemporary phenomena: a fixation on security that justifies global military engagements and the militarization of civilian life, and the dramatic increase in day-to-day insecurity associated with contemporary crises in health care, housing, incarceration, personal debt, and unemployment.
Contributors to the volume explore how violence is used to maintain conditions for accumulating capital. Across world regions violence is manifested in the increasingly strained, often terrifying, circumstances in which people struggle to socially reproduce themselves. Security is often sought through armaments and containment, which can lead to the impoverishment rather than the nourishment of laboring bodies. Under increasingly precarious conditions, governments oversee the movements of people, rather than scrutinize and regulate the highly volatile movements of capital. They often do so through practices that condone dispossession in the name of economic and political security.
Censorship, Political Criticism, and the Public Sphere
Next Generation Reform
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry.
In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success.
This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
Human Rights Mobilizations in Global Politics
In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational linkages in international society. The U.N. system is continuously reinvigorated and strengthened by its ties to local individuals, organizations, and groups engaged in day-to-day rights advocacy. This daily work, in turn, is supported by the ongoing activities from above.
Quataert establishes the global contexts for the historical unfolding of human rights advocacy through thorough studies of such cases as the Soviet dissident movement, the mothers' demonstrations in Argentina, the transnational antiapartheid campaign, and coalitions for gender and economic justice. Drawing from many fields of inquiry, including legal studies, philosophy, international relations theory, political science, and gender history, Advocating Dignity is an innovative work that narrates the hopes and bitter struggles that have altered the course of international and domestic relations over the past sixty years.
An Overview and Synthesis, Second Edition
Provides a comprehensive and even-handed overview of the very contentious subject of affirmative action. Racism, sexism, and ethnic discrimination have long represented a seemingly intractable problem. Affirmative action was conceived as an attack on these ingrained problems, but today it is widely misunderstood. This volume reviews new developments in affirmative action law, policy, and ideological conflict in the areas of employment, education, voting, and housing. The revised edition adds a discussion of age, disability, and sexual-orientation discrimination, providing a truly comprehensive portrait of affirmative action that is informed by history, law, political science, sociology, and economics.
Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization.
An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.