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This collection of essays, written by a range of distinguished socio-legal scholars, explores human rights in domestic legal systems.
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
The white power movement in America wants a revolution. It has declared all-out war against the federal government and its agents, and has carried out—with military precision—an escalating campaign of terror against the American public. Its soldiers are not lone wolves but are highly organized cadres motivated by a coherent and deeply troubling worldview of white supremacy, anticommunism, and apocalypse. In Bring the War Home, Kathleen Belew gives us the first full history of the movement that consolidated in the 1970s and 1980s around a potent sense of betrayal in the Vietnam War and made tragic headlines in the 1995 bombing of the Oklahoma City federal building. Returning to an America ripped apart by a war that, in their view, they were not allowed to win, a small but driven group of veterans, active-duty personnel, and civilian supporters concluded that waging war on their own country was justified. They unified people from a variety of militant groups, including Klansmen, neo-Nazis, skinheads, radical tax protestors, and white separatists. The white power movement operated with discipline and clarity, undertaking assassinations, mercenary soldiering, armed robbery, counterfeiting, and weapons trafficking. Its command structure gave women a prominent place in brokering intergroup alliances and giving birth to future recruits. Belew’s disturbing history reveals how war cannot be contained in time and space. In its wake, grievances intensify and violence becomes a logical course of action for some. Bring the War Home argues for awareness of the heightened potential for paramilitarism in a present defined by ongoing war.
Demonstrating that the state of civil liberties and human rights in the United Kingdom are quite perilous, this case study looks at the role of rights vis-à-vis social change and culture. Empirically examining the Human Rights Act (HRA), with asylum serving as the main case study, the book focuses on law in action, based on extensive fieldwork and framed against current events. It also discusses the role of Section 55—a law enacted at the same time as the HRA that was an antithesis of what the HRA promised and which forced thousands of asylum-seekers into destitution. Though Section 55 was eventually defeated, asylum-seekers in the UK are still powerless and marginalized. The book argues that the HRA has proven to be ineffective against illiberal policies and that the development of a culture of rights, as far as asylum is concerned, has stalled. This thoughtful analysis of the use of rights laws to advance social causes presents both potential and pitfalls, making it useful for sociologists, activists, and nongovernmental organizations.
Human Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.
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