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Book part
Publication date: 2 November 2009

Jeffrey R. Dudas

Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been limited…

Abstract

Scholars increasingly recognize the centrality of legal ideas and language to the political vision that inspires American conservatism. However, relevant studies have been limited to the discursive practices that motivate conservative activism at the grass-root level. Exploration of the legal discourses employed by prominent public officials thus carries significant scholarly potential. For example, this chapter's investigation of President Ronald Reagan reveals that his political vision was suffused with legal discourse. Reagan's legal discourse, moreover, has exerted constitutive effects both on American conservatism and on the form and substance of a great deal of contemporary American public policy.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-616-8

Book part
Publication date: 27 October 2017

Malia Lee Womack

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination…

Abstract

Purpose: The United States became a member of the United Nations’ (UN’s) core anti-racism treaty, International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), but has not passed the UN’s core gender equality treaty, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This chapter explores why the United States passed only one of the conventions. It reviews the power, misinterpretation, and compliance theories that explain why only one of the treaties was ratified. In addition, it offers a fourth explanation of the nation’s behavior – that of relative cost.

Findings: This chapter shows that CEDAW’s mandates, which are specific in nature, are costlier with respect to public services, educational resources, and programs to alleviate cultural prejudices, than are the more broadly framed ICERD mandates. This chapter finds this difference as a driving factor for the nation to enter into the race convention and not the women’s rights pact.

Methodologies: Methodologies used in this publication include feminist and legal analyses and the examination of US policies as well as statements made by political figures.

Originality: This chapter makes contributions to legal and feminist scholarship by providing insight into the nation’s adoption of ICERD, and its failure to ratify CEDAW despite its stance that it is a supporter of women’s rights. The implications of this study are that while the power, misinterpretation, and compliance theories are useful to understand the apparent discrepant response to the two treaties, relative cost as defined by the different ways in which the treaties are framed is also useful in explaining the United States’ failure to ratify the gender equality treaty. Though CEDAW is more specific in its identification of equality issues and is costlier than ICERD, the advancement of both gender and racial equality in the United States falls short of international standards.

Details

Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

Keywords

Book part
Publication date: 9 April 2003

Jonathan Goldberg-Hiller

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977…

Abstract

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977 despite continued demands for legal recognition by lesbians and gays, indigenous peoples and others interested in expanding civil rights doctrine. Public tolerance for civil rights measures has likewise dried up. Since the 1960s, referenda on civil rights have halted affirmative action programs, limited school busing and housing discrimination protections, promoted English-only laws, limited AIDS policies, and ended the judicial recognition of same-sex marriage, among other issues. Nearly 80% of these referenda have had outcomes realizing the Madisonian fear of “majority tyranny”1 and signaling the Nietzschean dread of a politics of resentment (Brown, 1995, p. 214; Connolly, 1991, p. 64).

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

Book part
Publication date: 6 May 2008

Ronald Kahn

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial…

Abstract

Legalists and social scientists have not been able to explain the expansion of gay rights in a conservative age because they refuse to respect the special qualities of judicial decision making. These qualities require the Supreme Court to look simultaneously at the past, present, and future, and, most importantly, to determine questions of individual rights through a consideration of how citizens are to live under a continuing rights regime. Unless scholars understand how and why Supreme Court decision making differs from that of more directly politically accountable institutions we can expect no greater success in explaining or predicting individual rights in the future.

Details

Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

Book part
Publication date: 14 December 2015

Paul T. Jaeger, Brian Wentz and John Carlo Bertot

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as…

Abstract

Purpose

This chapter explores the historical and evolving relationship between human rights, social justice, and library support of these efforts through physical and digital access, as well as relevant legal frameworks.

Methodology/approach

We explore the connection between libraries, technology, human rights, and social justice. The human rights and social justice functions of libraries are descriptive of what libraries have become in the age of the Internet. Many aspects of the information and communication capabilities that are provided through Internet access have been leveraged to promote human rights and social justice throughout the world.

Findings

There is practical evidence through case studies and survey results that libraries have primarily embraced this direction through offering many individuals without Internet access or technology experience a place of physical access, education, and an ongoing atmosphere of inclusion and accessibility as society embraces an increasingly digital future. This focus on rights and justice exists within varying legal structures related to people with disabilities and to values of rights and justice. Many libraries have also created programs and services that are targeted toward online equity for people with disabilities. This proactive response regarding digital accessibility is indicative of the likelihood that there is an inclusive future for libraries and their services to the broadest of their communities.

Social implications

Highlighting this role and a motto of access for all will enable libraries to expand their significant contributions to human rights and social justice that extend beyond the traditional physical infrastructure and space of libraries.

Details

Accessibility for Persons with Disabilities and the Inclusive Future of Libraries
Type: Book
ISBN: 978-1-78560-652-6

Keywords

Book part
Publication date: 18 October 2017

Lucy Taksa and Dimitria Groutsis

Most publications on the management of diversity in Western countries pay homage to history by referring back to the way regulatory frameworks developed to promote equal treatment…

Abstract

Most publications on the management of diversity in Western countries pay homage to history by referring back to the way regulatory frameworks developed to promote equal treatment and to oppose discrimination. In work on English speaking countries, particular attention has been given to the struggles waged in the USA for civil rights and for gender equality in the 1960s and their impact on the emergence of equal employment opportunity and affirmative action laws and policies. Generally, these developments are depicted as the antecedents to the emergence of diversity management in the USA. This genealogical orientation is usually designed to establish historical foundations. However, as we see it, this approach to history has promoted an impression of linear evolution. Our general aim in this chapter is to show how an historical perspective can help uncover continuities in regard to equal employment opportunity, affirmative action and diversity management policies and strategies in Australia, particularly in relation to the management of cultural diversity in Australian workplaces. Rather than seeing development in linear terms, our aim is to highlight connections and the implications of such connections. Accordingly, this chapter relates each of these policies/strategies to analogous political and legal developments that emerged concurrently, in particular such initiatives as multiculturalism, anti-discrimination laws and what became known in Australia as ‘productive diversity’ policies.

Book part
Publication date: 15 July 2009

Ross B. Emmett and Kenneth C. Wenzer

To the Most Rev. M.A. Corrigan, Archbishop of New York:

Abstract

To the Most Rev. M.A. Corrigan, Archbishop of New York:

Details

Henry George, the Transatlantic Irish, and their Times
Type: Book
ISBN: 978-1-84855-658-4

Book part
Publication date: 2 October 2023

Vibha Kapuria-Foreman and Charles R. McCann

Prior to the passage of the 20th amendment to the US Constitution in 1920, several states had extended the suffrage to women. Helen Laura Sumner (later Woodbury), a student of…

Abstract

Prior to the passage of the 20th amendment to the US Constitution in 1920, several states had extended the suffrage to women. Helen Laura Sumner (later Woodbury), a student of John R. Commons at Wisconsin, undertook a statistical study of the political, economic, and social impacts of the granting of voting rights to women in the state of Colorado, and subsequently defended the results against numerous attacks. In this paper, we present a brief account of the struggle for women’s equality in the extension of the suffrage and examine Sumner’s critical analysis of the evidence as to its effects, as well as the counterarguments to which she responded.

Details

Research in the History of Economic Thought and Methodology: Including a Selection of Papers Presented at the First History of Economics Diversity Caucus Conference
Type: Book
ISBN: 978-1-80455-982-6

Keywords

Book part
Publication date: 11 June 2014

This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling and…

Abstract

This chapter pulls together the main strands of Child Labour in Global Society, and addresses their implications for the sociological study of children’s lives, schooling and slavery.

In popular and scholarly discourses there is a tendency to emphasize the differences between the social lives of children and those of adults rather than the similarities and continuities; to misrepresent children’s social activities in comparison with those of adults; to rationalize the differential way in which children’s social activities and participation are assessed and rewarded relative to those of adults; and to fortify children’s actual and/or assumed marginal situation in modern society.

There are sociological gains to be had from emphasizing the comparable features and structural links between ‘childhood’ and ‘adulthood’ due especially to the common participation of children and adults in productive labour.

The way in which children’s social activities are differentially assessed and rewarded is reflected in how children are denied full citizenship rights, and so are non-citizens.

In particular, children are denied the right to freely exchange their labour power on the labour market.

While viewing educational labour as forced labour does not sit well with ideas about children and childhood in modern society, doing so is consistent with the element of compulsion in for instance the Convention on the Rights of the Child (CRC).

Being compulsorily required to perform educational labour is indicative of how in modern societies children are owned and in slavery, not just of the de facto kind, but also of the de jure kind.

Details

Child Labour in Global Society
Type: Book
ISBN: 978-1-78350-780-1

Keywords

Book part
Publication date: 28 August 2019

Theodoros Fouskas

This chapter focuses on the case of migrant Filipina live-in domestic workers in Greece and how the frame of their work and employment in precarious, low-status/low-wage jobs and…

Abstract

This chapter focuses on the case of migrant Filipina live-in domestic workers in Greece and how the frame of their work and employment in precarious, low-status/low-wage jobs and race discrimination at work, that is, the employers’ residences, affect their participation in secondary groups of solidarity and workers and their representation in them, that is, community, migrant labour associations and trade unions, during the economic crisis in Greece. According to the results of in-depth interviews Filipina migrants are entrapped in a frame of isolative and exploitative working conditions and racial discrimination at work, that is, personal services, care and domestic work. In this working context, most of the interviewed migrant Filipina live-in domestic workers appear to have developed individualistic perceptions, they act in an atomistic manner, form materialistic beliefs, are indifferent to collectivity and solidarity and are isolated from their compatriots and other workers. They have low self-perceptions and expectations for social advancement and deal with their social and labour-related problems individually, or completely resign from claiming them.

Details

Race Discrimination and Management of Ethnic Diversity and Migration at Work
Type: Book
ISBN: 978-1-78714-594-8

Keywords

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