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Transgender Rights And Politics: Groups, Issue Framing, And Policy Adoption
by Jami K. TaylorTo date, media and scholarly attention to gay politics and policy has focused on the morality debates over sexual orientation and the legal aspects of rights for non-heterosexuals. However, transgender concerns as such have received little attention. As transgender activism has become more visible, policymakers, both in the United States and around the world, have begun to respond to demands for more equitable treatment. Jami K. Taylor and Donald P. Haider-Markel bring together new research employing the concepts and tools of political science to explore the politics of transgender rights. Volume contributors address the framing of transgender rights in the U. S. and in Latin America. They discuss transgender interest groups, the inclusion of transgender activists in advocacy coalitions, policy diffusion at the state and local levels, and, importantly, the implementation of transgender public policy. This volume sets the standard for empirical research on transgender politics and demonstrates that the study of this topic can contribute to the understanding of larger questions in the field of political science.
The Transgenerational Consequences of the Armenian Genocide: Near The Foot Of Mount Ararat (Palgrave Studies in the History of Genocide)
by Anthonie HolslagThis book brings together the Armenian Genocide process and its transgenerational outcome, which are often juxtaposed in existing scholarship, to ask how the Armenian Genocide is conceptualized and placed within diasporic communities. Taking a dual approach to answer this question, Anthonie Holslag studies the cultural expression of violence during the genocidal process itself, and in the aftermath for the victims. By using this approach, this book allows us to see comparatively how genocide in diasporic communities in the Netherlands, London and the US is encapsulated in an historic narrative. It paints a picture of the complexity of genocidal violence itself, but also in its transgenerational and non-spatial consequences, raising new questions of how violence can be perpetuated or interlocked with the discourse and narratives of the victims, and how the violence can be relived.
Transgressive Citizenship and the Struggle for Social Justice
by Lucy EarleThis book analyses the struggle for social justice in S#65533;o Paulo, Brazil. It takes the wave of protests that began in the city in 2013 as a starting point, and grounds them in the history of social movement mobilisation in urban Brazil. Drawing on ethnographic fieldwork with a federation of housing movements, this work demonstrates the ongoing relevance of the concept of the right to the city for social movements of the urban poor, and examines these movements' creative interpretation of national legislation to support their claims for housing and urban citizenship.
Transhumanism and the Image of God: Today's Technology and the Future of Christian Discipleship
by Jacob ShatzerWe're constantly invited to think about the future of technology as a progressive improvement of tools: our gadgets will continue to evolve, but we humans will stay basically the same. In the future, perhaps even alien species and intelligent robots will coexist alongside humans, who will grapple with challenges and emerge as the heroes. But the truth is that radical technological change has the power to radically shape humans as well. We must be well informed and thoughtful about the steps we're already taking toward a transhuman or even posthuman future. Can we find firm footing on a slippery slope? Biblical ethicist Jacob Shatzer guides us into careful consideration of the future of Christian discipleship in a disruptive technological environment. In Transhumanism and the Image of God, Shatzer explains the development and influence of the transhumanist movement, which promotes a "next stage" in human evolution. Exploring topics such as artificial intelligence, robotics, medical technology, and communications tools, he examines how everyday technological changes have already altered and continue to change the way we think, relate, and understand reality. By unpacking the doctrine of the incarnation and its implications for human identity, he helps us better understand the proper place of technology in the life of the disciple and avoid false promises of a posthumanist vision. We cannot think about technology use today without considering who we will become tomorrow.
Transhumanism: Entering an Era of Bodyhacking and Radical Human Modification (The International Library of Bioethics #100)
by Emma Tumilty Michele Battle-FisherThis book surveys the distinctions that underlie the unbound potential and existential risks of life expansion and radical modifications posed by a transhuman world. Humanness is in flux as human bodies are being hacked and altered in their quest for super wellness, super intelligence and super longevity. Now is the time to discuss how best to think about dealing with bodies that have been hacked to exceed natural physical limits or more technically, species typical functioning. Enter the advent of transhumanism to take uncertainty by the horns. According to transhumanists, death is unnecessary and medical conventions undermine the possibility to radically evolve. To biohackers, there is no need to wait to explore the risks that conventional medicine dares not. This book is of interest to anyone interested in tapping into this growing movement of modifying the human body as it is right now.
Transhumanist Dreams and Dystopian Nightmares: The Promise and Peril of Genetic Engineering (Bioethics)
by Maxwell J. MehlmanWhat will happen when technology allows us to direct our own evolution?Transhumanists advocate for the development and distribution of technologies that will enhance human intellectual, physical, and psychological capacities, even eliminate aging. What if the dystopian futures and transhumanist utopias found in the pages of science journals, Margaret Atwood novels, films like Gattaca, and television shows like Dark Angel are realized? What kind of world would humans have created? Maxwell J. Mehlman considers the promises and perils of using genetic engineering in an effort to direct the future course of human evolution. He addresses scientific and ethical issues without choosing sides in the dispute between transhumanists and their challengers. However, Transhumanist Dreams and Dystopian Nightmares reveals that radical forms of genetic engineering could become a reality much sooner than many people think, and that we need to encourage risk-management efforts. Whether scientists are dubious or optimistic about the prospects for directed evolution, they tend to agree on two things. First, however long it takes to perfect the necessary technology, it is inevitable that humans will attempt to control their evolutionary future, and second, in the process of learning how to direct evolution, we are bound to make mistakes. Our responsibility is to learn how to balance innovation with caution.
The Transhumanist Reader: Classical and Contemporary Essays on the Science, Technology, and Philosophy of the Human Future
by Max More Natasha Vita-MoreThe first authoritative and comprehensive survey of the origins and current state of transhumanist thinking The rapid pace of emerging technologies is playing an increasingly important role in overcoming fundamental human limitations. Featuring core writings by seminal thinkers in the speculative possibilities of the posthuman condition, essays address key philosophical arguments for and against human enhancement, explore the inevitability of life extension, and consider possible solutions to the growing issues of social and ethical implications and concerns. Edited by the internationally acclaimed founders of the philosophy and social movement of transhumanism, The Transhumanist Reader is an indispensable guide to our current state of knowledge of the quest to expand the frontiers of human nature.
The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas
by Daniel KielEvery Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.
Transition and Coherence in Intellectual Property Law: Essays in Honour of Annette Kur (Cambridge Intellectual Property and Information Law #55)
by Niklas Bruun Graeme B. Dinwoodie Marianne Levin Ansgar OhlyThe nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
Transition from Illegal Regimes under International Law
by Yaël RonenYaël Ronen analyses the international legal ramifications of illegal territorial regimes, namely the illegal annexation of territory or illegal declarations of independence, by reference to the stage of transition from an illegal territorial regime to a lawful one. Six case studies (Namibia, Zimbabwe, the Baltic States, the South African Bantustans, East Timor and northern Cyprus) are used to explore the tension between the invalidity of the illegal regime's acts and their effectiveness, with respect to the international relations of such territories, their domestic legal systems, the status of settlers and land transfers. Relying heavily on primary and previously unconsidered sources, she focuses on the international legal constraints on the post-transition regime's policy, particularly in the context of international human rights law.
The Transition of Religion to Culture in Law and Public Discourse (ICLARS Series on Law and Religion)
by Lori G. BeamanThis book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
Transition to the Circular Economy Model: The Case of Turkey (CSR, Sustainability, Ethics & Governance)
by Natalya KetenciThis edited volume provides a multisectoral, multidisciplinary analysis of the circular economy in Turkey. The chapters delve into different segments of the economy, monitoring the progress of the transition to circularity as it is occurring. Written by experts in the circular economy, chapters touch on different aspects of the sustainability transition—from AI and entrepreneurship to luxury fashion to green finance. Chapters also refer directly to applicable UN Sustainable Development Goals, noting the progress made towards related development targets. This volume will be of use to students, academicians, experts, and professionals interested and working on different aspects of circular and green economies.
Transitional and Retrospective Justice in the Baltic States
by Eva-Clarita Pettai Vello PettaiMore than twenty years after the fall of communism, many countries in Central and Eastern Europe are still seeking truth and justice for the repression suffered under communist rule. This search has been particularly notable in the Baltic states, given the three countries' histories as both former Soviet republics and later member-states of the European Union. On the one hand, the legacy of Stalinist oppression was more severe in these countries than elsewhere in Central Europe, but on the other hand much of this past could more easily be externalized onto the former Soviet Union (and by extension Russia) following re-independence. Transitional and Retrospective Justice in the Baltic States develops a novel conceptual framework in order to understand the politics involved with transitional and retrospective justice, and then applies this outline to the Baltic states to analyse more systematic patterns of truth- and justice-seeking in the post-communist world.
Transitional and Transformative Justice: Critical and International Perspectives
by Matthew EvansThis book engages the limits of transitional justice and, more speci
Transitional Jurisprudence and the ECHR
by Michael Hamilton Antoine BuyseThe European Convention on Human Rights has been a standard-setting text for transitions to peace and democracy in states throughout Europe. This book analyses the content, role and effects of the jurisprudence of the European Court relating to societies in transition. It features a wide range of transitional challenges, from killings by security forces in Northern Ireland to property restitution in East Central Europe, and from political upheaval in the Balkans to the position of religious minorities and Roma. Has the European Court developed a specific transitional jurisprudence? How do politics affect the ways in which the Court's judgments are implemented? Does the Court's case-law itself become woven into narratives of struggle in transitional societies? This book seeks to answer these questions by highlighting the unique role of Europe's main guardian of human rights, the Court in Strasbourg. It includes a comparison with the Inter-American and African human rights systems.
Transitional Justice: Images and Memories (New Advances in Crime and Social Harm)
by Christine BellThis collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.
Transitional Justice: NOMOS LI (NOMOS - American Society for Political and Legal Philosophy #34)
by Jon Elster Melissa S. Williams Rosemary NagyCriminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.
Transitional Justice: Theories, Mechanisms and Debates
by Hakeem O. Yusuf and Hugo van der MerweTransitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.
Transitional Justice: Vergangenheitsbewältigung durch Recht (Springer-Lehrbuch)
by Gerhard Werle Moritz VormbaumDieses Buch bietet die erste systematische Gesamtdarstellung zum Thema Transitional Justice in deutscher Sprache. Der Ausdruck „Transitional Justice“ hat sich zum Ende des Kalten Krieges beim Übergang von Diktaturen zur Demokratie etabliert und dient als Leitbegriff zur Aufarbeitung von Systemunrecht. Das vorliegende Werk entwickelt die Grundprinzipien von Transitional Justice und behandelt die fünf wesentlichen Aufarbeitungsoptionen – Strafverfolgung, Amnestien, Wahrheitskommissionen, Wiedergutmachung sowie die Überprüfung des öffentlichen Dienstes. Aktuelle Herausforderungen werden diskutiert. Reichhaltiges Anschauungsmaterial beleuchtet über 50 Aufarbeitungssituationen. Das Buch verfolgt einen doppelten Zweck: Es soll zum einen Rechtswissenschaftlerinnen und Rechtswissenschaftlern sowie praktisch tätigen Juristinnen und Juristen den Zugang zur Materie erleichtern. Zum anderen soll es benachbarten Disziplinen einen konzentrierten Einblick in die rechtlichen Leitprinzipien von Transitional Justice ermöglichen.
Transitional Justice: The Legal Framework (Springer Textbooks in Law)
by Gerhard Werle Moritz VormbaumThe expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges.The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Transitional Justice after German Reunification
by Juan EspindolaHow do societies transitioning from oppressive to democratic rule hold accountable those citizens who contributed to maintaining injustice in the ancient regime by secretly denouncing fellow citizens? Is their public identification a way of fulfilling respect for those who suffered harm as a result of their collaboration? And is public identification respectful of denunciators themselves? This book pursues these questions through a multidisciplinary investigation focusing on the denunciators for the East German secret police and the Ministry of State Security and the way in which they have been publicly unveiled in contemporary German society. The book evaluates the justifications that social actors offer to support or oppose public identifications; how targeted collaborators react to this social practice; and whether it achieves its intended purpose. At every stage, the book asks whether the motivations and the consequences of public identifications honor or undermine the value of respect for people.
Transitional Justice and a State’s Response to Mass Atrocity: Reassessing the Obligations to Investigate and Prosecute
by Jacopo Roberti di SarsinaThis book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution.Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement.Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials.Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.
Transitional Justice and Reconciliation: Lessons from the Balkans
by Olivera Simic Martina FischerScholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.
Transitional Justice and Rule of Law Reconstruction: A Contentious Relationship
by Padraig McAuliffeThis short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.
Transitional Justice and Socio-Economic Harm: Land Grabbing in Afghanistan
by Huma SaeedMaintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry’s employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country’s political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country’s socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.