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Book part
Publication date: 18 October 2017

Patrick Banon

Debates over ritual slaughter, sacred food, fasts, and forbidden foods, perpetuated by religion and tradition, are nothing new. Dietary obligations and prohibitions, in all their…

Abstract

Debates over ritual slaughter, sacred food, fasts, and forbidden foods, perpetuated by religion and tradition, are nothing new. Dietary obligations and prohibitions, in all their diversity, have always been the object of comment, critique, or even concern from one human group towards another. The consumption of meat (or its prohibition) has always been about more than its nutritional function. Reducing religious dietary obligations to hygienic or gustatory practices would be an unrealistic attempt to erase the diversity of the procedures which people undertake to give meaning to life, death, and the world, and to locate themselves in relation to “others”. These rites, ­legitimated by myths, inevitably provoke phenomena of influence, reciprocated within and outside groups. The selection of food – of meat in particular – plays a primordial role as a social marker, the rules of which contribute to the organisation of groups by tracing ­differences between individuals, between men and women, and between communities. Formerly attached to a totemic group and its territory, then to a religion and its society, dietary practices are globalising and encountering one-another. Questions are now raised about the management, in shared spaces, of a diversity of dietary prohibitions and obligations. These questions are at the core of this chapter, notably, what place should be reserved for dietary particularities in collective catering in human organisations? And what limits should be given to the expectations of each regarding dietary purity or fasting?

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Management and Diversity
Type: Book
ISBN: 978-1-78635-489-1

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Public Morality and the Culture Wars: The Triple Divide
Type: Book
ISBN: 978-1-80455-722-8

Book part
Publication date: 3 August 2011

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine…

Abstract

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is in fact a two-way channel that permits the transmission of domestic anti-constitutional ideas up to the international level.

In reaching the findings presented herein, the chapter also adds to the universalism–relativism debate by demonstrating that allowances for “plurality consciousness” on the international level may in certain instances undermine fundamental norms previously negotiated and accepted as authoritative by the international community. From this perspective, the movement in favor of prohibiting “defamation of religion” is not merely a case study that helps to expand our understanding of how anti-constitutional ideas migrate, but also indicative of a reenergized campaign to challenge the status, content, and stability of universal human rights norms.

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Special Issue Human Rights: New Possibilities/New Problems
Type: Book
ISBN: 978-1-78052-252-4

Book part
Publication date: 4 April 2017

Helen M. Kinsella

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and…

Abstract

During the four years of preliminary meetings that led to the 1977 Protocols Additional I and II governing internal armed conflict, the prohibitions against superfluous injury and unnecessary suffering – two concepts that gird the regulation and moderation of war and limit the use of certain means and methods of warfare – were invoked as a means of calling into account the actions of imperial states. These meetings took place in the context of the conflicts in Southeast Asia, following the wars of decolonization and national liberation in the 1950s and 1960s. The participants in these meetings were freedom fighters and liberation movements who used this forum, which was open to them for the first time, to push for a wider understanding of the concepts of superfluous injury and unnecessary suffering. Their intention was to hold imperialism and imperial states accountable for suffering and injury beyond that of physical death or wounding and to recognize the violence of colonization and the social and cultural devastation it brought. These interventions were a critical attempt to broaden and deepen the meaning of the laws of war, to make them responsive to more than established sovereign state violence, and to ensure that they reflected the experience of colonization/decolonization. This episode matters because the prohibitions against unnecessary suffering and superfluous injury are two elements that detail the general prohibition first codified in 1907 Hague Convention IV, Article 22, namely that the “the right of belligerents to adopt means of injuring the enemy is not unlimited.” However, the history and formulation of these two concepts has yet to be fully explored, the meaning of each is debated, and taken together the two are among “the most unclear and controversial rules of warfare.”

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International Origins of Social and Political Theory
Type: Book
ISBN: 978-1-78714-267-1

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Book part
Publication date: 1 January 2004

Mark Thornton

Much progress has been made in public opinion regarding drug prohibition. The policy has been an utter failure, very expensive, and increasingly disliked by people around the…

Abstract

Much progress has been made in public opinion regarding drug prohibition. The policy has been an utter failure, very expensive, and increasingly disliked by people around the world. As a result, several states have passed drug reform legislation that reduces penalties for the production, distribution, and consumption of previously prohibited substances such as narcotics and marijuana. Other states have placed more resources in drug treatment programs (demand reduction) instead of drug interdiction efforts (supply reduction). In North America, several states in the US and Canada have passed medical marijuana legislation to take advantage of the well-known medical benefits of marijuana (Piper, Matthew, Katherine, & Rebecca, 2003).

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The Dynamics of Intervention: Regulation and Redistribution in the Mixed Economy
Type: Book
ISBN: 978-0-76231-053-1

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The Political Economy of Antitrust
Type: Book
ISBN: 978-0-44453-093-6

Book part
Publication date: 10 December 2018

Arielle Denis

The Treaty on the Prohibition of Nuclear Weapons was established in July 2017 several months after the International Peace Bureau (IPB) Congress was conducted. This Treaty had

Abstract

The Treaty on the Prohibition of Nuclear Weapons was established in July 2017 several months after the International Peace Bureau (IPB) Congress was conducted. This Treaty had been a benchmark and was considered a ground-breaking opportunity to attract attention on the nonproliferation of nuclear weapons. The IPB is proud that the International Campaign to Abolish Nuclear Weapons received the 2017 Nobel Peace Prize for its “efforts to achieve a treaty-based prohibition of such weapons.” At a time of renewed nuclear tensions, such awards inspire people’s mobilization, which is more than welcome.

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Disarmament, Peace and Development
Type: Book
ISBN: 978-1-78743-854-5

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Book part
Publication date: 20 August 2012

Sonu Bedi

Rights constitute a familiar feature of the liberal discourse of judging. This chapter seeks to recast this discourse away from the language of rights by considering two cases…

Abstract

Rights constitute a familiar feature of the liberal discourse of judging. This chapter seeks to recast this discourse away from the language of rights by considering two cases where liberals often invoke it: abortion and same-sex marriage. I argue that the presence of rights in American constitutional discourse exacerbates the counter-majoritarian nature of judicial review. We do better to recast the language of judging from an emphasis on protecting rights to an emphasis on making sure that the demos acts on publicly justifiable reasons. In doing so, I proffer a novel analysis of liberal theory's extant commitment to public reason, one that conceptualizes public reason as representing the scope of state power.

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Special Issue: The Discourse of Judging
Type: Book
ISBN: 978-1-78052-871-7

Book part
Publication date: 16 May 2007

Boris N. Filatov, Valentina V. Klauchek, Nikolay G. Britanov and Sergei V. Klauchek

The world community has long striven for the liquidation of chemical weapons of mass destruction. The 1925 Geneva treaty “On the Prohibition of the Use in War of Asphyxiating…

Abstract

The world community has long striven for the liquidation of chemical weapons of mass destruction. The 1925 Geneva treaty “On the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacterial Methods of Warfare” was the first international accord on chemical weapons prohibition. Signed by 125 countries, the USSR ratified the treaty in December 1927. The later development of the “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction” (henceforth “the Convention”) followed this early step and was undertaken with Russia's active participation. The Convention was signed by the Russian Federation in January 1993 and ratified by the State Duma in November 1997 with the decision to end chemical weapons stockpiling by 2007. As a signatory, Russia accepted international responsibilities for solving many interrelated problems, paramount among them was the protection of people and the environment (The Convention…, 1994, item 4).

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Cultures of Contamination
Type: Book
ISBN: 978-0-7623-1371-6

Book part
Publication date: 1 February 2009

Mitsuo Matsushita

There are several agreements within the framework of the World Trade Organization that have an impact on the issue of food safety. These include the prohibition against…

Abstract

There are several agreements within the framework of the World Trade Organization that have an impact on the issue of food safety. These include the prohibition against quantitative restrictions of GATT 94, the general exceptions of Article XX, the Agreement on Sanitary and Phytosanitary Measures, the Agreement on Technical Barriers to Trade, and the Agreement on Trade-Related Aspects of International Property Rights. This chapter analyzes the primary disputes pertaining directly or tangentially to matters of food safety and representation under each of these agreements that were impaneled under the dispute settlement understanding. Particular attention is given to the EC/Hormones and the EC/genetically modified organisms (GMO) cases.

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