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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.
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.
Media Coverage of the Humanitarian Disaster in the Congo and the United Nations Response, 1997–2008
Africa’s Deadliest Conflict deals with the complex intersection of the legacy of post-colonial history—a humanitarian crisis of epic proportions—and changing norms of international intervention associated with the idea of human security and the responsibility to protect (R2P). It attempts to explain why, despite a softening of norms related to the sanctity of state sovereignty, the international community dealt so ineffectively with a brutal conflict in the Democratic Republic of the Congo, which between 1997 and 2011 claimed an estimated 5.5 million. In particular, the book focuses on the role of mass media in creating a will to intervene, a role considered by many to be the key to prodding a reluctant international community to action.
Included in the book are a primer on Congolese history, a review of United Nations peacekeeping missions in the Congo, and a detailed examination of both US television news and New York Times coverage of the Congo from 1997 through 2008. Separate conclusions are offered with respect to peacekeeping in the Age of R2P and on the role of mass media in both promoting and inhibiting robust international responses to large-scale humanitarian crises.
Black Youth, Social Movement Activism, and the Post-Civil Rights Generation
What happened to black youth in the post-civil rights generation? What kind of causes did they rally around and were they even rallying in the first place? After the Rebellion takes a close look at a variety of key civil rights groups across the country over the last 40 years to provide a broad view of black youth and social movement activism.Based on both research from a diverse collection of archives and interviews with youth activists, advocates, and grassroots organizers, this book examines popular mobilization among the generation of activists – principally black students, youth, and young adults – who came of age after the passage of the 1964 Civil Rights Act and the Voting Rights Act of 1965. Franklin argues that the political environment in the post-Civil Rights era, along with constraints on social activism, made it particularly difficult for young black activists to start and sustain popular mobilization campaigns.
Building on case studies from around the country—including New York, the Carolinas, California, Louisiana, and Baltimore—After the Rebellion explores the inner workings and end results of activist groups such as the Southern Negro Youth Congress, Student Nonviolent Coordinating Committee, the Student Organization for Black Unity, the Free South Africa Campaign, the New Haven Youth Movement, the Black Student Leadership Network, the Juvenile Justice Reform Movement, and the AFL-CIO’s Union Summer campaign. Franklin demonstrates how youth-based movements and intergenerational campaigns have attempted to circumvent modern constraints, providing insight into how the very inner workings of these organizations have and have not been effective in creating change and involving youth. A powerful work of both historical and political analysis, After the Rebellion provides a vivid explanation of what happened to the militant impulse of young people since the demobilization of the civil rights and black power movements – a discussion with great implications for the study of generational politics, racial and black politics, and social movements.
Literary Experience in the Era of Emancipations
This book argues that we can no longer envision a political system that might practically displace democracy or, more accurately, global democratic state capitalism. Democracy has become fundamental: It extends deeper and deeper into everyday life; it grounds and limits our political thought and values. That is the sense in which we do indeed live at history's end. But this end is not a happy one, because the system that we now have does not satisfy tests that we can legitimately put to it. In this situation, it is important to come to new terms with the fact that literature, at least until about 1945, was predominantly hostile to political democracy. Literature's deep-seated conservative, counterdemocratic tendencies, along with its capacity to make important distinctions among political, cultural, and experiential democracies and its capacity to uncover hidden, nonpolitical democracies in everyday life, is now a resource not just for cultural conservatives but for all those who take a critical attitude toward the current political, cultural, and economic structures. Literature, and certain novelists in particular, helps us not so much to imagine social possibilities beyond democracy as to understand how life might be lived both in and outside democratic state capitalism. Drawing on political theory, intellectual history, and the techniques of close reading, Against Democracy offers new accounts of the ethos of refusing democracy, of literary criticism's contribution to that ethos, and of the history of conservatism, as well as innovative interpretations of a range of writers, including Tocqueville, Disraeli, George Eliot, E. M. Forster, and Saul Bellow.
Gender Violence and Reproductive Rights
In the mid-1990s, when the United Nations adopted positions affirming a woman's right to be free from bodily harm and to control her own reproductive health, it was both a coup for the international women's rights movement and an instructive moment for nongovernmental organizations (NGOs) seeking to influence UN decision making. Prior to the UN General Assembly's 1993 Declaration on the Elimination of All Forms of Violence against Women and the 1994 decision by the UN's Conference on Population and Development to vault women's reproductive rights and health to the forefront of its global population growth management program, there was little consensus among governments as to what constituted violence against women and how much control a woman should have over reproduction. Jutta Joachim tells the story of how, in the years leading up to these decisions, women's organizations got savvy—framing the issues strategically, seizing political opportunities in the international environment, and taking advantage of mobilizing structures—and overcame the cultural opposition of many UN-member states to broadly define the two issues and ultimately cement women's rights as an international cause. Joachim's deft examination of the documents, proceedings, and actions of the UN and women's advocacy NGOs—supplemented by interviews with key players from concerned parties, and her own participant-observation—reveals flaws in state-centered international relations theories as applied to UN policy, details the tactics and methods that NGOs can employ in order to push rights issues onto the UN agenda, and offers insights into the factors that affect NGO influence. In so doing, Agenda Setting, the UN, and NGOs departs from conventional international relations theory by drawing on social movement literature to illustrate how rights groups can motivate change at the international level.