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From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.
A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuancedOCoand surprisingOCothan many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions."
This is a Summary of Matthew Desmond's New York Times Bestseller: EVICTED Poverty and Profit in the American CityFrom Harvard sociologist and MacArthur "Genius" Matthew Desmond, a landmark work of scholarship and reportage that will forever change the way we look at poverty in America In this brilliant, heartbreaking book, Matthew Desmond takes us into the poorest neighborhoods of Milwaukee to tell the story of eight families on the edge. Arleen is a single mother trying to raise her two sons on the $20 a month she has left after paying for their rundown apartment. Scott is a gentle nurse consumed by a heroin addiction. Lamar, a man with no legs and a neighborhood full of boys to look after, tries to work his way out of debt. Vanetta participates in a botched stickup after her hours are cut. All are spending almost everything they have on rent, and all have fallen behind.The fates of these families are in the hands of two landlords: Sherrena Tarver, a former schoolteacher turned inner-city entrepreneur, and Tobin Charney, who runs one of the worst trailer parks in Milwaukee. They loathe some of their tenants and are fond of others, but as Sherrena puts it, "Love don't pay the bills." She moves to evict Arleen and her boys a few days before Christmas.Even in the most desolate areas of American cities, evictions used to be rare. But today, most poor renting families are spending more than half of their income on housing, and eviction has become ordinary, especially for single mothers. In vivid, intimate prose, Desmond provides a ground-level view of one of the most urgent issues facing America today. As we see families forced into shelters, squalid apartments, or more dangerous neighborhoods, we bear witness to the human cost of America's vast inequality-and to people's determination and intelligence in the face of hardship.Based on years of embedded fieldwork and painstakingly gathered data, this masterful book transforms our understanding of extreme poverty and economic exploitation while providing fresh ideas for solving a devastating, uniquely American problem. Its unforgettable scenes of hope and loss remind us of the centrality of home, without which nothing else is possible.Available in a variety of formats, this summary is aimed for those who want to capture the gist of the book but don't have the current time to devour all 432 pages. You get the main summary along with all of the benefits and lessons the actual book has to offer. This summary is not intended to be used without reference to the original book.
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, prohibited discrimination in the sale, rent, and financing of housing based on race, religion, and national origin. However, manifold historical and contemporary forces, driven by both governmental and private actors, have segregated these protected classes by denying them access to homeownership or housing options in high-performing neighborhoods. Perspectives on Fair Housing argues that meaningful government intervention continues to be required in order to achieve a housing market in which a person's background does not arbitrarily restrict access. The essays in this volume address how residential segregation did not emerge naturally from minority preference but rather how it was forced through legal, economic, social, and even violent measures. Contributors examine racial land use and zoning practices in the early 1900s in cities like Atlanta, Richmond, and Baltimore; the exclusionary effects of single-family zoning and its entanglement with racially motivated barriers to obtaining credit; and the continuing impact of mid-century "redlining" policies and practices on public and private investment levels in neighborhoods across American cities today. Perspectives on Fair Housing demonstrates that discrimination in the housing market results in unequal minority households that, in aggregate, diminish economic prosperity across the country. Amended several times to expand the protected classes to include gender, families with children, and people with disabilities, the FHA's power relies entirely on its consistent enforcement and on programs that further its goals. Perspectives on Fair Housing provides historical, sociological, economic, and legal perspectives on the critical and continuing problem of housing discrimination and offers a review of the tools that, if appropriately supported, can promote racial and economic equity in America. Contributors: Francesca Russello Ammon, Raphael Bostic, Devin Michelle Bunten, Camille Zubrinsky Charles, Nestor M. Davidson, Amy Hillier, Marc H. Morial, Eduardo M. PeƱalver, Wendell E. Pritchett, Rand Quinn, Vincent J. Reina, Akira Drake Rodriguez, Justin P. Steil, Susan M. Wachter.
Housing law issues can be wide-ranging and involve dealing with several areas of the law. The Housing Law Handbook provides a practical and concise outline of the law and procedure relating to housing problems. The handbook aims to be a first port of call for lawyers and advisors dealing with housing as well as professionals in social housing sector, providing information in a concise and manageable form to support busy litigators and caseworkers.
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
An examination of America's housing crisis by the leading progressive housing activists in the country.