The Criminalization of a Woman`s Body, Feinman, Clarice
Автор: Novak, Andrew Название: Transnational human rights litigation ISBN: 3030285456 ISBN-13(EAN): 9783030285456 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality.The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
Описание: While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined `political order` from difference and disagreement.
Chapter 1. Introduction: Lawyers, Strategic Litigation, and the Transnational Judicial Dialogue.- Chapter 2. Applying the Lens of Transnational Advocacy Networks to Human Rights Litigation.- Chapter 3.Transnational Legal Citation as a Method of Norm Diffusion.- Chapter 4. Litigation and the Abolition of the Mandatory Death Penalty.- Chapter 5. BLitigation and the Decriminalization of Homosexuality.- Chapter 6: Conclusion: Transnational Litigation as part of a Comprehensive Human Rights Strategy.
Описание: This book tells the hidden story of the criminalization of pregnant women, including how doctors reveal women`s confidential medical history to law enforcement and prosecutors, and how states increasingly enact laws that criminalize all manner of conduct during pregnancy.
Описание: This volume contains two Open Access Chapters. This volume features contributions from activist scholars grappling to understand and alleviate the compound sufferings of women and LGBTIQA+ persons as they encounter criminal justice systems in Southeast Asia.
Описание: While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined `political order` from difference and disagreement.
Описание: This book tells the hidden story of the criminalization of pregnant women, including how doctors reveal women`s confidential medical history to law enforcement and prosecutors, and how states increasingly enact laws that criminalize all manner of conduct during pregnancy.
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