Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866, Rutherglen George A.
Автор: Sachs Albie Название: We, the People: Insights of an Activist Judge ISBN: 1868149986 ISBN-13(EAN): 9781868149988 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A stirring collection of public talks and essays by an activist and former judge offers an intimate insider's view of South Africa's Constitution. This stirring collection of essays and talks by activist and former judge Albie Sachs is the culmination of more than 25 years of thought about constitution-making and non-racialism. Following the Constitutional Court's landmark Nkandla ruling in March 2016, it serves as a powerful reminder of the tenets of the Constitution, the rule of law and the continuous struggle to uphold democratic rights and freedoms. We, the People offers an intimate insider's view of South Africa's Constitution by a writer who has been deeply entrenched in its historical journey from the depths of apartheid right up to the politically contested present. As a second-year law student at the University of Cape Town, Sachs took part in the Defiance Campaign and went on to attend the Congress of the People in Kliptown, where the Freedom Charter was adopted in 1955. Three decades later, shortly after the bomb attack in Maputo that cost him his arm and the sight in one eye, he was called on by the Constitutional Committee of the African National Congress to co-draft (with Kader Asmal) the first outline of a Bill of Rights for a new democratic South Africa. In 1994, he was appointed by Nelson Mandela to the Constitutional Court, where he served as a judge until 2009. We, the People contains some of Sachs' most memorable public talks and writings, in which he takes us back to the broad-based popular foundations of the Constitution in the Freedom Charter. He picks up on Oliver Tambo's original vision of a non-racial future for South Africa, rather than one based on institutionalised power-sharing between the races. He explores the tension between perfectability and corruptibility, hope and mistrust, which lies at the centre of all constitutions. Sachs discusses the enforcement of social and economic rights, and contemplates the building of the Constitutional Court in the heart of the Old Fort Prison as a mechanism for reconciling the past and the future. Subjective experience and objective analysis interact powerfully in a personalised narrative that reasserts the value of constitutionality not just for South Africans, but for people striving to advance human dignity, equality and freedom across the world today.
Автор: Green Название: Equal Citizenship, Civil Rights, and the Constitution ISBN: 1138846805 ISBN-13(EAN): 9781138846807 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context.
Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Описание: The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude.Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law―and placing these suits into conversation with similar encounters that arose in appellate cases nationwide―Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Описание: The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery's expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude.Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group's encounters with the law and placing these suits into conversation with similar encounters that arose in appellate cases nationwide Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
Автор: Malloch Margaret Название: Human Trafficking ISBN: 147442838X ISBN-13(EAN): 9781474428385 Издательство: Bloomsbury Academic Рейтинг: Цена: 3958.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: What is human trafficking? This volume critically examines the competing discourses surrounding human trafficking, the conceptual basis of global responses and the impact of these horrific acts worldwide.
Автор: Crofts, Professor Daniel W Название: Lincoln and the politics of slavery ISBN: 1469663945 ISBN-13(EAN): 9781469663944 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4383.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this landmark book, Daniel Crofts examines a little-known episode in the most celebrated aspect of Abraham Lincoln's life: his role as the "Great Emancipator." Lincoln always hated slavery, but he also believed it to be legal where it already existed, and he never imagined fighting a war to end it. In 1861, as part of a last-ditch effort to preserve the Union and prevent war, the new president even offered to accept a constitutional amendment that barred Congress from interfering with slavery in the slave states. Lincoln made this key overture in his first inaugural address.
Crofts unearths the hidden history and political maneuvering behind the stillborn attempt to enact this amendment, the polar opposite of the actual Thirteenth Amendment of 1865 that ended slavery. This compelling book sheds light on an overlooked element of Lincoln's statecraft and presents a relentlessly honest portrayal of America's most admired president. Crofts rejects the view advanced by some Lincoln scholars that the wartime momentum toward emancipation originated well before the first shots were fired. Lincoln did indeed become the "Great Emancipator," but he had no such intention when he first took office. Only amid the crucible of combat did the war to save the Union become a war for freedom.
Описание: Brown v. Board of Education is widely recognised as one of the US Supreme Court`s most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court`s most gifted writers. This book visits Brown v. Board of Education from Jackson`s perspective and offers a reinterpretation of the justice`s thinking.
Автор: Green Название: Equal Citizenship, Civil Rights, and the Constitution ISBN: 1138281743 ISBN-13(EAN): 9781138281745 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context.
Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.
Автор: Norton Helen Название: The Government`s Speech and the Constitution ISBN: 1108417728 ISBN-13(EAN): 9781108417723 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: When we discuss constitutional law, we usually focus on the constitutional rules that apply to what the government does. Far less clear are the constitutional rules that apply to what the government says. When does the speech of this unusually powerful speaker violate our constitutional rights and liberties?
Автор: Kaufman Michael J Название: Badges and Incidents ISBN: 1316510433 ISBN-13(EAN): 9781316510438 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Badges and Incidents explains the law and pedagogical practices governing American education. It is a valuable resource for any citizen concerned with ensuring equal educational opportunity for all. By examining sources from the Constitution to the latest neuroscientific research, the book outlines principles for a truly democratic system of education.
Автор: Shireen Morris Название: A First Nations Voice in the Australian Constitution ISBN: 1509928928 ISBN-13(EAN): 9781509928927 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs.
Offering the first scholarly monograph articulating the comprehensive case for a First Nations constitutional voice, the book explores the historical, political, theoretical and international contexts underpinning the debate, before delving into the constitutional detail to craft a compelling case for change.
Автор: Alan Bogg, Jacob Rowbottom, Alison L Young Название: The Constitution of Social Democracy: Essays in Honour of Keith Ewing ISBN: 1509916571 ISBN-13(EAN): 9781509916573 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, the chapters in this collection consider whether legal norms can and should contribute to the constitution of social democracy. This collection could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
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