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Rights in Context: Law and Justice in Late Modern Society

Edited by: Reza Banakar

ISBN13: 9781409407409
Published: October 2010
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: £45.00



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This collection offers a snapshot of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century.

They explore how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the rights established by those who wish to recast the social and political order.

This volume discusses rights, firstly, in relation to actual events and issues faced by policymakers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression.

Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies.

Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.

Subjects:
Human Rights and Civil Liberties, Law and Society
Contents:
Introduction: snapshots of the rights discourse, Reza Banakar
Law, rights and justice in late modern society: a tentative theoretical framework, Reza Banakar

Section I The Critiques of Rights: A sociological critique of rights, Max Travers
The 'rights' conundrum: poverty of philosophy amidst poverty, Radha D'Souza
Dangerous rights: of citizens and humans, Kate Nash
The neglected minority: the penurious human rights of artists, Paul Kearns
Truth and myth in critical theory, Eric Heinze.;

Section II The Challenges of Rights: Defacing Muslim women: dialectical meanings of dress in the body politic, Susan Edwards
Beyond the sacred and the secular: Muslim women, the law and the delivery of justice, Samia Bano
The right to be different: the position of Muslim migrants in The Netherlands, Halleh Ghorashi
It's not about freedom of expression: a sociological examination of the Danish cartoon controversy, Sarah Dreier
Pre-empting terrorism? 2 case studies of UK's anti-terrorism legislation, Reza Banakar.

Section III The Strategies of Rights: Human rights strategies in an age of counter-terrorism, Daniel Moeckli
'Terrorist lists' and procedural human rights: a collision between UN law, EU law and Strasbourg law?, Bill Bowring
Human security and international law: much ado about nothing?, Emma McClean.

Section IV The Reconstruction of Rights: Rights and diverse effects in EC law: a Hohfeldian approach to the doctrine of direct effect of directives, Joxerramon Bengoetxea and Niilo Jaaskinen
Investor's rights to disclosure of complex financial instruments: a risk symmetric analysis, Joseph Tanega
Women, culture and human rights: feminist interventions in human rights law?, Harriet Samuels
Rights and responsibilities, Hanne Petersen
Index.