As the notoriously reluctant author of the Bill of Rights, James Madison has had a profound influence on the American government and legal system. This original study examines Madison's writings and speeches to explain his views of human nature and his political philosophy. Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. Here, Kasper presents an unusually thorough explanation of Madison's vision of the Bill of Rights in the context of his complete body of political thought. Unlike other studies of Madison, To Secure the Liberty of the People not only explores the breadth and depth of Madison's own writings, but also presents a thoughtful look at the philosophers and writers who influenced the Father of the Bill of Rights. Additionally, and perhaps most valuably, Kasper provides a unique examination of modern-era Supreme Court justices and the ways in which they have correctly or incorrectly cited Madison and his original intent in their own opinions. This fascinating analysis shows the enduring vibrancy of Madison's thought—even when misinterpreted—and his ongoing importance in American political thought. Legal historians, legal scholars, and political scientists will find satisfying new perspectives on Madison in this impeccably researched book.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.
Описание: 1. Constitutional Afterthoughts.- 2. The Right to Wear a Hat-and Other Afterthoughts.- 3. Developmental Supplementation.- 4. From Property to Privacy.- 5. The Emergence of Privacy Norms in Nineteenth Century America.- 6. The Nineteenth Century Court Reads the Eighteenth Century Text.- 7. From Thoughts and Beliefs to Emotions and Sensations.- 8. An Exercise in Supplementation that Failed.- 9. Ambitious Supplementation.- 10. Unobtrusive Supplementation.- 11. Informational Privacy Imperiled.- 12. Reappraising the Constitutional Past.
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other.
The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.
Описание: Tyrannicide uses a captivating narrative to unpack the experiences of slavery and slave law in South Carolina and Massachusetts during the Revolutionary Era. In 1779, during the midst of the American Revolution, thirty-four South Carolina slaves escaped aboard a British privateer and survived several naval battles until the Massachusetts brig Tyrannicide led them to Massachusetts. Over the next four years, the slaves became the center of a legal dispute between the two states. The case affected slave law and highlighted the profound differences between how the “terrible institution” was practiced in the North and the South, in ways that would foreground issues eventually leading to the Civil War.Emily Blanck uses the Tyrannicide affair and the slaves involved as a lens through which to view contrasting slaveholding cultures and ideas of African American democracy. Blanck’s examination of the debate analyzes crucial questions: How could the colonies unify when they viewed one of America’s foundational institutions in fundamentally different ways? How would fugitive slaves be handled legally and ethically? Blanck shows how the legal and political battles that resulted from the affair reveal much about revolutionary ideals and states’ rights at a time when notions of the New Republic—and philosophies about the unity of American states were being created.
Автор: Warren Eugene Milteer Jr. Название: North Carolina`s Free People of Color, 1715-1885 ISBN: 080717176X ISBN-13(EAN): 9780807171769 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6098.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines the lives of free persons categorized by their communities as "negroes", "mulattoes," "mustees", "Indians", "mixed-bloods", or simply "free people of color". From the colonial period through Reconstruction, lawmakers passed legislation that curbed the rights and privileges of these non-enslaved residents.
Throughout the nineteenth century the idyllic island of Fernando de Noronha, which lies two hundred miles off Brazil's northeastern coast, was home to Brazil's largest forced labor penal colony. In Punishment in Paradise Peter M. Beattie uses Noronha as a case study to understand nineteenth-century Brazil's varied social and cultural values, especially in relation to justice, class, color, civil condition, human rights and labor. As Brazil’s slave population declined after 1850, the use of colonial-era disciplinary practices at Noronha—such as flogging and forced labor—stoked anxieties about human rights and Brazil’s international image. Beattie contends that the treatment of slaves, convicts, and other social categories subject to coercive labor extraction were interconnected and that reforms that benefitted one of these categories made them harder to deny to others. In detailing Noronha's history and the end of slavery as part of an international expansion of human rights, Beattie places Brazil firmly in the purview of Atlantic history.
By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.
Автор: Nolan, Dr Justine Boersma, Dr Martijn Название: Addressing modern slavery ISBN: 174223643X ISBN-13(EAN): 9781742236438 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3135.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Long after slavery was officially abolished, the practice not only continues but thrives. An estimated 40 million people are modern-day slaves, more than ever before in human history. Whether they are women in electronics or apparel sweatshops, children in brick kilns or on cocoa farms, men trapped in bonded labour working on construction sites, or girls forced into domestic servitude or sex work, millions of people are forced to perform labour through the use of force, intimidation or deceit.Modern slavery is an integral part of the global economy. It even becomes part of our daily lives when we use or buy products that are made through exploitative labour practices. In a world of growing inequality, consumers and business are both part of the problem and the solution. While we have all become accustomed to fast fashion and cheap consumer goods, we must take responsibility for exploitation at different points along complex supply chains. This important book examines slavery in the modern world and outlines ways it can be stopped.Book includes discussion of new anti-slavery legislation in Australia, theUK, France and CaliforniaFresh analysis by renowned experts in the field and written in a clear andaccessible styleIncludes information on how consumers, investors and shareholderscan make more informed choicesExamples and case studies show the extent of exploitative labourpractices worldwideDirected at individuals concerned about the real cost of cheap goods andfast fashion as well as corporations concerned about their procurementpracticesGrowing consumer and corporate awareness of need to buy ethically,whether it’s fashion, chocolate, coffee, electronic goods etcModern slavery is a growing component of human rights campaignsaround the world
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