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This book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the paradoxical implications of the 2014 UK Supreme Court ruling on the meaning of ‘deprivation of liberty’.
ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
Set against the rapid aging of the world's population, Human Rights and the Care of Older People explores the potential for the rule against torture and ill-treatment in international human rights law to better protect older people from care-related mistreatment. The book's analysis is broadly relevant but is prompted by the widespread reports of older people's suffering due to lack of access to care and coercion in respect of care needs. This includes the deprivation of liberty for 'care'. While recognizing that a new United Nations Convention on the rights of older people is on the horizon, the book argues that there is a pressing need for older people and all human rights actors to use and progressively interpret the established right to freedom from torture and ill-treatment. As an interpretive lens, the book offers a conception of a dignity violation that may amount to prohibited ill-treatment and thus trigger states' positive obligations to protect, including through systemic prevention measures. This book is intended as a tool for advocacy and a call for critical awareness, highlighting the anti-torture norm's potential for more effective application and challenging current legal barriers to such effectiveness. Meant for readers worldwide, the book addresses the rule against torture and ill-treatment from international law, regional European, Inter-American, and African perspectives. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Available open access digitally under CC-BY-NC-ND licence. This book examines how governments misuse detention to abuse power, suppress dissent and maintain social hierarchies. Proposing solutions for future policy, this is a call for greater respect for the rule of law and human rights.
Benjamin Constant (1767-1830) was born in Switzerland and became one of France's leading writers, as well as a journalist, philosopher, and politician. His colourful life included a formative stay at the University of Edinburgh; service at the court of Brunswick, Germany; election to the French Tribunate; and initial opposition and subsequent support for Napoleon, even the drafting of a constitution for the Hundred Days. Constant wrote many books, essays, and pamphlets. His deepest conviction was that reform is hugely superior to revolution, both morally and politically. While Constant's fluid, dynamic style and lofty eloquence do not always make for easy reading, his text forms a coherent whole, and in his translation Dennis O'Keeffe has focused on retaining the 'general elegance and subtle rhetoric' of the original. Sir Isaiah Berlin called Constant 'the most eloquent of all defenders of freedom and privacy' and believed to him we owe the notion of 'negative liberty', that is, what Biancamaria Fontana describes as "the protection of individual experience and choices from external interferences and constraints." To Constant it was relatively unimportant whether liberty was ultimately grounded in religion or metaphysics -- what mattered were the practical guarantees of practical freedom -- "autonomy in all those aspects of life that could cause no harm to others or to society as a whole." This translation is based on Etienne Hofmann's critical edition of Principes de politique (1980), complete with Constant's additions to the original work.
Presents opposing viewpoints about prison issues. Includes critical thinking skill activities and a list of organizations to contact.
“A haunted, haunting examination of mental illness and murder in a more or less ordinary American city…Mature and thoughtful…A Helter Skelter for our time, though without a hint of sensationalism—unsettling in the extreme but written with confidence and deep empathy” (Kirkus Reviews, starred review). On March 11, 2003, in Brownsville, Texas—one of America’s poorest cities—John Allen Rubio and Angela Camacho murdered their three young children. The apartment building in which the brutal crimes took place was already run down, and in their aftermath a consensus developed in the community that it should be destroyed. In 2008, journalist Laura Tillman covered the story for The Brownsville Herald. The questions it raised haunted her and set her on a six-year inquiry into the larger significance of such acts, ones so difficult to imagine or explain that their perpetrators are often dismissed as monsters alien to humanity. Tillman spoke with the lawyers who tried the case, the family’s neighbors and relatives and teachers, even one of the murderers: John Allen Rubio himself, whom she corresponded with for years and ultimately met in person. Her investigation is “a dogged attempt to understand what happened, a review of the psychological, sociological and spiritual explanations for the crime…a meditation on the death penalty and on the city of Brownsville” Star Tribune (Minneapolis). The result is a brilliant exploration of some of our age’s most important social issues and a beautiful, profound meditation on the truly human forces that drive them. “This thought-provoking…book exemplifies provocative long-form journalism that does not settle for easy answers” (Publishers Weekly, starred review).