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The Politics of Pregnancy: Policy Dilemmas in the Maternal-Fetal Relationship
by Janna C MerrickHere is a comprehensive overview and analysis of issues concerning the maternal-fetal relationship, from abortion to surrogate motherhood. Unlike many books which cover reproductive issues in general, this book focuses in-depth on one aspect of reproduction--the maternal-fetal relationship--to give readers a detailed study of the many issues involved. The Politics of Pregnancy discusses public policy dimensions of this relationship and posits new, critical political dilemmas. Many chapters in this unique book also provide significant clinical information as well as conceptual analysis.The Politics of Pregnancy offers great diversity in terms of the disciplinary backgrounds of the authors and their ideological perspectives. Authors come from many fields, including sociology, political science, pediatrics, ethics, and psychiatry, and provide diverse, sometimes opposing, analytical positions. Some of the topics they debate include: maternal substance use during pregnancy prenatal technology pregnancy and workplace hazards court-ordered obstetrical intervention fetal experimentationReaders interested in public and health care policy, nursing, feminism, pediatrics, or ethics, will find The Politics of Pregnancy to be a stimulating and thought-provoking book. This volume also makes an excellent discussion tool for graduate courses in these areas.
The Politics of Principle
by Theunis RouxUnder its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in asserting its institutional role in post-apartheid politics. While each of these accomplishments is noteworthy in its own right, the Court's simultaneous success in legal and political terms demands separate investigation. Drawing on and synthesising various insights from judicial politics and legal theory, this study offers an interdisciplinary explanation for the Chaskalson Court's achievement. Rather than a purely political strategy of the kind modelled by rational choice theorists, the study argues that the Court's achievement is attributable to a series of adjudicative strategies in different areas of law. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.
The Politics of Property Rights Institutions in Africa
by Ato Kwamena OnomaWhy do some political leaders create and strengthen institutions like title registries and land tribunals that secure property rights to land while others neglect these institutions or destroy those that already exist? How do these institutions evolve once they have been established? This book answers these questions through spatial and temporal comparison of national and subnational cases from Botswana, Ghana, and Kenya and, to a lesser extent, Zimbabwe. Onoma argues that the level of property rights security that leaders prefer depends on how they use land. However, the extent to which leaders' institutional preferences are translated into actual institutions depends on the level of leaders' capacity. Further, once established, these institutions through their very working can contribute to their own decline over time. This book is unique in revealing the political and economic reasons why some leaders unlike others prefer an environment of insecure rights even as land prices increase.
The Politics of Punishment: A Comparative Study of Imprisonment and Political Culture (New Advances in Crime and Social Harm)
by Louise BranganPrisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation’s political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.
The Politics of Punishment: Prison Reform in Russia, 1863–1917 (NIU Series in Slavic, East European, and Eurasian Studies)
by Bruce F. AdamsBruce F. Adams examines how Russia's Main Prison Administration was created, the number of prisoners it managed in what types of prisons, and what it accomplished. While providing a thorough account of prison management at a crucial time in Russia's history, Adams explores broader discussions of reform within Russia's government and society, especially after the Revolution of 1905, when arguments on such topics as parole and probation boiled in the arena of raucous public debate.
The Politics of Purity: Harvey Washington Wiley and the Origins of Federal Food Policy
by Jack High Clayton A. CoppinSpearheaded by Harvey Washington Wiley, the Pure Food and Drugs Act of 1906 launched the federal regulation of food and drugs in the United States. Wiley is often lauded as a champion of public interest for bringing about a law that required healthful ingredients and honest labeling. Clayton Coppin and Jack High demonstrate, however, that Wiley was in fact surreptitiously allied with business firms that would benefit from regulation and moreover, that the law would help him build his government agency, the Federal Bureau of Chemistry. Coppin and High discuss such issues as Wiley's efforts to assign the law's enforcement to his own bureau. They go on to expose the selectivity of Wiley's enforcement of the law, in which he manipulated commercial competition in order to reward firms that supported him and penalize those that opposed him. By examining the history of the law's movement, the authors show that, rather than acting in the public interest, Wiley used the Pure Food and Drugs Act to further his own power and success. Finally, they analyze government regulation itself as the outcome of two distinct competitive processes, one that takes place in the market, the other in the polity. The book will interest scholars concerned with government regulation, including those in economics, political science, history, and business. Clayton Coppin is a management consultant and historian, Koch Industries, Wichita. Jack High is Professor of Economics, George Mason University.
The Politics of Rights
by Stuart A. ScheingoldStuart 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.
The Politics of Rights of Nature: Strategies for Building a More Sustainable Future
by Pamela L. Martin Craig M. KauffmanHow Rights of Nature laws are transforming governance to address environmental crises through more ecologically sustainable approaches to development. With the window of opportunity to take meaningful action on climate change and mass extinction closing, a growing number of communities, organizations, and governments around the world are calling for Rights of Nature (RoN) to be legally recognized. RoN advocates are creating new laws that recognize natural ecosystems as subjects with inherent rights, and appealing to courts to protect those rights. Going beyond theory and philosophy, in this book Craig Kauffman and Pamela Martin analyze the politics behind the creation and implementation of these laws, as well as the effects of the laws on the politics of sustainable development. Kauffman and Martin tell how community activists, lawyers, judges, scientists, government leaders, and ordinary citizens have formed a global movement to advance RoN as a solution to the environmental crises facing the planet. They compare successful and failed attempts to implement RoN at various levels of government in six countries--Bolivia, Colombia, Ecuador, India, New Zealand, and the United States--asking why these laws emerged and proliferated in the mid-2000s, why they construct RoN differently, and why some efforts at implementation are more successful than others. As they analyze efforts to use RoN as a tool for constructing more ecocentric sustainable development, capable of achieving the 2030 Agenda for Sustainable Development goal of living "in harmony with Nature," Kauffman and Martin show how RoN jurisprudence evolves through experimentation and reshapes the debates surrounding sustainable development.
The Politics of Shari’a Law
by Michael BuehlerThe Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.
The Politics of Species
by Raymond Corbey Annette LanjouwThe assumption that humans are cognitively and morally superior to other animals is fundamental to social democracies and legal systems worldwide. It legitimises treating members of other animal species as inferior to humans. The last few decades have seen a growing awareness of this issue, as evidence continues to show that individuals of many other species have rich mental, emotional and social lives. Bringing together leading experts from a range of disciplines, this volume identifies the key barriers to a definition of moral respect that includes nonhuman animals. It sets out to increase concern, empathy and inclusiveness by developing strategies that can be used to protect other animals from exploitation in the wild and from suffering in captivity. The chapters link scientific data with normative and philosophical reflections, offering unique insight into controversial issues around the ethical, political and legal status of other species.
The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration
by Kai PurnhagenThis book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
The Politics of Total Liberation
by Steven BestThis book argues that there is an ongoing planetary crisis, in both the social and natural worlds, that is of urgent importance. This demands a new politics, a politics of total liberation, one that grasps the need to unite the disparate movements for human, animal, and earth liberation. In the book, Best outlines a way forward despite challenges.
The Politics of Virtue: Is Abortion Debatable?
by Elizabeth Mensch Alan FreemanFiercely committed to the separation of church and state, thoroughly pluralistic, largely secular: Where does a society like ours find common terms for conducting a moral debate? In view of the crises surrounding the issue of abortion, it is tempting to answer: nowhere. In this timely and provocative book, Elizabeth Mensch and Alan Freeman urge that we challenge the extremes of both the "pro-life" and "pro-choice" views of the abortion issue and affirm the moral integrity of compromise. Attempting to restore a level of complexity to the discussion and to enrich public debate so that we may move beyond our current impasse, the authors argue that it is essential to understand how issues of legal "rights" and theological concerns interact in American public debate.Returning to the years leading up to Roe v. Wade, Mensch and Freeman detail the role of religion and its relationship to the emerging politics of abortion. Discussing primarily the natural law tradition associated with Catholicism and the Protestant ethical tradition, the authors focus most sharply on the 1960s in which the present terms of the abortion debate were set. In a skillful analysis, they identify a variety of factors that directed and shaped the debate--including, among others, the haunting legacy of Nazism, the moral challenge of the civil rights movement, the "God is dead" discourse, school prayer and Bible reading, Harvey Cox's The Secular City, the Berrigans and Vietnam, the animal rights movement, and the movement of the church-going population away from mainstream Protestant tradition toward evangelical fundamentalism. By criticizing the rhetoric employed by both the "pro-choice" and "pro-life" camps, Mensch and Freeman reveal the extent to which forces on either side of the issue have failed to respond to relevant concerns. Since Roe v. Wade, the authors charge, public debate has seemed to concede the moral high ground to the "pro-life" position, while the "pro-choice" rhetoric has appeared to defend an individual's legal right to do moral wrong. Originally published as a special issue of The Georgia Law Review (Spring 1991), this revised and expanded edition will be welcomed by all those frustrated by the impasse of debates so central to our nation's moral life.
The Politics of Vulnerable Groups: Implications for Philosophy, Law, and Political Theory (Critical Political Theory and Radical Practice)
by Fabio MacioceThis book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups. Group vulnerability has become a common concept within legal and political scholarship but remains largely undertheorized as a phenomenon itself. At the same time, in academia and within legal circles, vulnerability is primarily understood as a phenomenon affecting individuals, and the attempts to identify vulnerable groups are discredited as essentialist and stereotypical. In contrast, this book demonstrates that a conception of group vulnerability is not only theoretically possible, but also politically and legally necessary. Two conceptions of group vulnerability are discussed: one focuses on systemic violence or oppression directed toward several individuals, while another requires a common positioning of individuals within a given context that conditions their agency, ability to cope with risks and uncertainties, and manage their consequences. By comparing these two definitions of group vulnerability and their implications, Macioce seeks a more precise delineation of the theoretical boundaries of the concept of group vulnerability.
The Politics of the Charter
by Andrew PetterAndrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada.Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.
The Politics of the Common Law: Perspectives, Rights, Processes, Institutions
by Wayne Morrison Adam Gearey Robert JagoThe Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
The Politics of the Death Penalty in Countries in Transition
by Nadia Bernaz Madoka FutamuraThe increase in the number of countries that have abolished the death penalty since the end of the Second World War shows a steady trend towards worldwide abolition of capital punishment. This book focuses on the political and legal issues raised by the death penalty in "countries in transition", understood as countries that have transitioned or are transitioning from conflict to peace, or from authoritarianism to democracy. In such countries, the politics that surround retaining or abolishing the death penalty are embedded in complex state-building processes. In this context, Madoka Futamura and Nadia Bernaz bring together the work of leading researchers of international law, human rights, transitional justice, and international politics in order to explore the social, political and legal factors that shape decisions on the death penalty, whether this leads to its abolition, reinstatement or perpetuation. Covering a diverse range of transitional processes in Asia, Africa, Latin America, Europe, and the Middle East, The Politics of the Death Penalty in Countries in Transition offers a broad evaluation of countries whose death penalty policies have rarely been studied. The book would be useful to human rights researchers and international lawyers, in demonstrating how transition and transformation, ‘provide the catalyst for several of interrelated developments of which one is the reduction and elimination of capital punishment’.
The Politics of the Globalization of Law: Getting from Rights to Justice (Routledge Advances in International Relations and Global Politics)
by Alison BryskHow does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk’s edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.
The Politics of the Rule of Law in the EU Polity: Actors, Tools and Challenges (Palgrave Studies in European Union Politics)
by Ramona ComanThis book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
The Portable Ethicist for Mental Health Professionals: An A-Z Guide to Responsible Practice
by Barton E. Bernstein Thomas L. HartsellEverything you need to know to protect your practice against ethical violations and complaints. The Portable Ethicist for Mental Health Professionals is a valuable, easy-to-use resource for all mental health service providers. Written by two attorneys specializing in legal and ethical issues in mental health, this indispensable guide arms you with the expert knowledge you need to avoid an ethical violation-or to handle the situation if a complaint is filed. Barton Bernstein and Thomas Hartsell Jr. tackle dozens of ethical questions using the codes of several mental health professional associations and provide practical guidelines for avoiding ethically questionable behavior. Organized alphabetically for easy reference, this complete A-to-Z guide: Provides clear, concise answers to ethical questions-from the simple to the complex Covers key categories, including confidentiality, dual relationships, sexual misconduct, false and misleading statements, malpractice, drug and alcohol use, documentation, record keeping, closing a practice (retirement or death), responding to a subpoena, and more Features step-by-step guidance, helpful case studies, and "ethical flash points" that alert you to warning signs and help you steer clear of ethically questionable situations Covers the role of state licensing boards and national mental health associations in responding to complaints of ethical violations Even an unintentional ethical violation can lead to personal and professional disaster. The Portable Ethicist for Mental Health Professionals helps you protect yourself, your future, and your practice-and lets you focus on the best interests of your clients.
The Portable Hannah Arendt
by Hannah ArendtThis biography includes generous selections from The Origins of Totalitarianism, The Human Condition, and her controversial Eichmann in Jerusalem. It also includes selection of Arendt's letters to other formative thinkers of the century.
The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself
by Barton E. Bernstein Thomas L. HartsellSafeguard your mental health practice with up-to-date information and savvy advice on practicing in today's legal environment. Today's mental health professional must approach the legal aspects of practice with both sensitivity and foreknowledge. The array of legal guidelines and ethical standards to comprehend is increasing in scope and complexity. Licensing issues, ethics questions, and malpractice suits all present pitfalls that, if ignored or misapprehended, can interrupt or even end a career. Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals, Second Edition is an indispensable survival guide for all clinicians. The authors explain how to handle allegations of malpractice, cope with threats of violence, preserve client confidentiality, and more. Each chapter features step-by-step guidance, helpful case studies, "legal light bulbs" highlighting important concepts, answers to frequently asked questions, dos and don'ts, and sample forms and contracts to help you safeguard your practice.
The Positive Impact Mindset: Working Together in a Polarized World
by Katrin MuffWe are facing a new and urgent challenge when collaborating across organizations, and with broader stakeholder groups: how to overcome polarization. It has never been harder to find a common vision, when opinions are often considered as facts. This book empowers changemakers and business leaders to understand how successful organizations in the 21st century require leaders to become fluent in collaborating outside of traditional business boundaries. Such collaboration often involves working with parties that hold very different values, opinions and priorities, and working with them requires new skills. Building on the book Five Superpowers for Co-Creators, Katrin Muff presents a number of real-world examples that demonstrate how organizations have successfully managed to address these challenges. Examples of such unlikely but successful cross-sector collaboration include a project addressing plastic waste in Switzerland, and two European city government projects that reached out beyond organizational boundaries. The book features many stories of trial and error in overcoming the societal polarization gap. From all these insights emerges clear guidance as to how leaders and organizations can transform to new ‘outside-in’ mindsets to overcome polarization and develop a Positive Impact Mindset. The book is ideal for use by facilitators, educators, business and political leaders, and consultants, who are seeking solutions within an often polarized world to achieve sustainable change and a positive impact.
The Positive Obligations of the State under the European Convention of Human Rights (Routledge Research in Human Rights Law)
by Dimitris XenosThe system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge Studies on Civil Rights and Civil Liberties)
by Joseph Blocher Darrell A.H. MillerThe Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.