Systemic Violence of the Law

Systemic Violence of the Law
Author: Enrique Prieto-Rios
Publisher: Rowman & Littlefield
Total Pages: 167
Release: 2021-08-19
Genre: Philosophy
ISBN: 1538157853

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This book argues that International Investment Law system – IIL - was the result of a colonial project within a capitalist system that has been influenced by the developmentalism discourse and the neoliberal ideology, becoming an instrument that facilitated forms of systemic violence against Third World countries. In order to develop this argument, Enrique Prieto-Rios uses post-war critical thought, chiefly Fanon as interpreted by Lewis R Gordon, the works pursued by academics, part of the Caribbean Philosophical Association, the Institute for Global Law and Policy, the international law from below (southern perspectives), and critical economic thought— particularly the notable economic contributions of Ha-Joon Chang and Latin-American philosopher Enrique Dussel.

Domestic Violence and International Law

Domestic Violence and International Law
Author: Bonita Meyersfeld
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2010-03-23
Genre: Law
ISBN: 1847315720

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Domestic Violence and International Law argues that certain forms of domestic violence are a violation of international human rights law. The argument is based on the international law principle that, where a state fails to protect a vulnerable group of people from harm, whether perpetrated by the state or private actors, it has breached its obligations to protect against human rights violation. This book provides a comprehensive legal analysis for why a state should be accountable in international law for allowing women to suffer extreme forms of domestic violence and how this can help individual victims. It is irrelevant that the violence is perpetrated by individuals and not state actors such as soldiers or the police. The state's breach of its responsibility is in its failure to act effectively in domestic violence cases; and in its silent endorsement of the violence, it becomes complicit. The book seeks to reformulate academic and political debate on domestic violence and the responsibility of states under international law. It is based on empirical data combined with an honest assessment of whether or not domestic violence is recognised by the international community as a human rights violation. 'Domestic Violence in International Law [...] provides an original, provocative, and much needed legal framework for the coherent development of a norm against domestic violence in international human rights law...Dr. Meyersfeld has developed a thoroughgoing analysis that asks and answers the most difficult questions often neglected by academics, lawyers and activists who dismiss the possibility that systemic violence against women could violate international law...Most fundamentally, this book is memorable for the hope and optimism it expresses about the transformative possibilities of international law. For without compromising such intensely human values as privacy, autonomy and cultural identity, Dr. Meyersfeld moves her reader with an abiding conviction: that international law, fueled with the power of transnational actors, can propel public actors to protect abused and vulnerable people in their most private worlds.' From the Foreword by Harold Koh, The Legal Adviser, United States Department of State (2009-).

Awakening to the Violence of Systemic Racism

Awakening to the Violence of Systemic Racism
Author: Gallagher, Vince
Publisher: Paulist Press
Total Pages: 193
Release: 2021
Genre: Religion
ISBN: 1587689650

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Awakening bears witness to the most egregious disparities between African American people and white people caused by the structural injustice inherent in virtually every institution in the United States.

Uneven Landscapes of Violence

Uneven Landscapes of Violence
Author: Hepzibah Muñoz Martínez
Publisher: BRILL
Total Pages: 196
Release: 2020-09-25
Genre: Social Science
ISBN: 9004435492

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In Uneven Landscapes of Violence, Muñoz Martínez argues that the nexus of criminality, illegality and violence are an integral and defining features of neo-liberal state formation in Mexico after 2000.

White Men's Law

White Men's Law
Author: Peter H. Irons
Publisher: Oxford University Press
Total Pages: 321
Release: 2022
Genre: History
ISBN: 0190914947

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"Thirty lashes, well laid on" -- "Dem was hard times, Sho' Nuff" -- "Beings Of an inferior order" -- "Fighting for white supremacy" -- "The foul odors of blacks" -- "Negroes plan to kill all whites" -- "Intimate contact with negro men" -- "I thanked got right there and then" -- "War against the constitution" -- "Two cities : one white, the other black" -- "All blacks are angry" -- "The basic minimal skills" -- Epilogue : "rooting out systemic racism".

Law and Order in School and Society

Law and Order in School and Society
Author: Janelle Scott
Publisher:
Total Pages: 27
Release: 2017
Genre:
ISBN:

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Systemic violence and disparate school discipline policies hinder equitable, just, and safe schooling. They also restrict access to social opportunities and civil liberties. Research shows that schooling contexts and social policies set up the conditions for young people of color to experience violence in regularized, systematic, and destructive ways. This policy report centers on questions of race and disparate racial impacts. The authors draw from critical race theory (CRT) to redirect how educators might talk more productively about students' social contexts, violence, and school discipline. They also explore how CRT might help educators consider how attempts to achieve "law and order" unfairly target students of color with a systemic form of violence that harms their ability to secure equitable, just schooling, and social opportunity. The report ends with recommendations for shifting state and local policy to better reflect research evidence on the best approaches to keeping all children safe as they make their way through schools and society. A focus on state and local action becomes critical under the current federal civil rights and education policy context. A list of notes and references is included.

Domestic Violence Laws in the United States and India

Domestic Violence Laws in the United States and India
Author: S. Goel
Publisher: Springer
Total Pages: 133
Release: 2014-09-02
Genre: Social Science
ISBN: 1137387076

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Domestic Violence Laws in the United States and India is a comparative study of the domestic violence laws in India and the United States, seeking to illuminate the critical issues of intimate partner violence through the lenses of these two societies.

Slow Violence and the Environmentalism of the Poor

Slow Violence and the Environmentalism of the Poor
Author: Rob Nixon
Publisher: Harvard University Press
Total Pages: 371
Release: 2011-06-01
Genre: Nature
ISBN: 067424799X

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The violence wrought by climate change, toxic drift, deforestation, oil spills, and the environmental aftermath of war takes place gradually and often invisibly. Using the innovative concept of "slow violence" to describe these threats, Rob Nixon focuses on the inattention we have paid to the attritional lethality of many environmental crises, in contrast with the sensational, spectacle-driven messaging that impels public activism today. Slow violence, because it is so readily ignored by a hard-charging capitalism, exacerbates the vulnerability of ecosystems and of people who are poor, disempowered, and often involuntarily displaced, while fueling social conflicts that arise from desperation as life-sustaining conditions erode. In a book of extraordinary scope, Nixon examines a cluster of writer-activists affiliated with the environmentalism of the poor in the global South. By approaching environmental justice literature from this transnational perspective, he exposes the limitations of the national and local frames that dominate environmental writing. And by skillfully illuminating the strategies these writer-activists deploy to give dramatic visibility to environmental emergencies, Nixon invites his readers to engage with some of the most pressing challenges of our time.

The Legal Protection of Women From Violence

The Legal Protection of Women From Violence
Author: Rashida Manjoo
Publisher: Routledge
Total Pages: 194
Release: 2018-03-22
Genre: Law
ISBN: 1351732838

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Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

International Human Rights Law and Structural Discrimination

International Human Rights Law and Structural Discrimination
Author: Elisabeth Veronika Henn
Publisher: Springer
Total Pages: 240
Release: 2019-07-03
Genre: Law
ISBN: 3662586770

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International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.