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J.B. Metzler Humanities (German Language)

Andrea Allerkamp

Andrea Bartl

Anne Fleig

Barbara Gribnitz

Hannah Lotte Lund

Martin Roussel

Kleist-Jahrbuch 2021

&lt;p&gt;Vorwort.-&amp;nbsp;Politik des Rechts im Werk Heinrich von Kleists.- Abhandlungen.- Rezensionen.- Anhang.&lt;/p&gt;

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

SpringerBriefs in Law

This book offers a profound exploration of the historical, cultural, and social dimensions of Brazil’s Indigenous peoples, with a particular focus on the Kaingang communities. Understanding these peoples is essential to interpreting Brazilian social thought, shaping national identity, promoting sustainability, and safeguarding fundamental rights.Indigenous culture (rooted in ancestral knowledge, cosmologies, and traditional ways of life) has not only shaped Brazilian society but also plays a vital role in environmental preservation and in proposing alternatives to contemporary global challenges. This book combines bibliographic and ethnographic research with the voices of Indigenous leaders, weaving narratives of memory, resistance, and identity in the face of coloniality, systemic violence, and territorial disputes.More than an academic study, this work is an invitation to listen and engage in dialogue. It amplifies Indigenous perspectives and underscores their significance in building a plural, just, and sustainable Brazil.

A Legal Critique of Indigenous Territoriality in Southern Brazil

The Right to Land as Identity

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

What justice requires when people change but their sentences stay the same. America loves a second chance story. Yet people convicted of serious crimes are seldom given one. Years after taking responsibility and working to repair harm, many remain behind bars under sentences that offer no meaningful opportunity to demonstrate rehabilitation. Bending the Bars confronts this profound double standard at the heart of American punishment. Grounding law and policy in the lived experiences of people directly affected by extreme sentences, Jessica S. Henry shows why accountability and public safety do not require endless punishment. She argues for a new framework that combines second chance mechanisms--including second look laws and stronger reentry support--and that recognizes the human capacity for change. Urgent and clear-eyed, this book challenges us to rethink who deserves a second chance, who gets to decide, and what justice demands beyond defining a person by the worst thing they have ever done.

The Case for Second Chances in American Justice

Bending the Bars

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

This open access book examines the role played by international, regional and national legal frameworks in holding corporations operating in the natural resource sector accountable for human rights violations in the Global South. Influential scholars from across the world address pressing issues concerning the integration of business and human rights standards for better governance of natural resources. They focus particularly on extractive and multinational companies in the Global South and their role in the transition to net zero societies. The book also examines legal mechanisms for corporate accountability under international, human rights and transnational law, using case studies from selected countries across Africa, Asia and Latin America. The book reviews proposals for an enforceable legal framework to hold corporations accountable for human rights abuses and environmental damage. It considers initiatives such as the OECD Guidelines on Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, the UN's Draft Business and Human Rights Treaty, and the European Union Corporate Sustainability Due Diligence Directive. The book is essential reading for researchers working in the fields of business and human rights law, natural resources law, environmental law and international law, as well as corporate and human rights practitioners litigating in the energy and natural resources sectors. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Bloomsbury Open Collections Library Collective.

Accountability for a Just Transition

Business, Human Rights and Natural Resource Governance

Lawyers in the Anti-Trafficking Space

Navigating the Legal Landscapes of Modern Slavery and Immigration

Cinema Cultures in Contact

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. This wide-ranging intellectual and media history traces China's emergence as a modern state in which boundaries blur between art and design, education and psychological conditioning. Tracking the parallel development of set design and social engineering from the 1920s to the 1960s, Background Matters examines the concept of huanjing (environment), a neologism introduced at the turn of the twentieth century that evoked heated intellectual debates and inspired frenzied aesthetic experimentation. Weihong Bao shows how efforts to reshape the mind consolidated the idea and art of environment by advancing a new theoretical notion of set design: both as aesthetic organization across film, theater, radio, and television and as social experimentation in worldmaking across geopolitical and transnational contexts. Inventive and breathtaking in scope, this book radically rethinks environment not as an external object but as the nexus of mind, medium, and society.

Set and Design, Mind and Environment

Background Matters: Volume 9

Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice

The edited collection gathers contributions from across the world and engages in constructive debate about fundamental issues regarding Indigenous peoples in connection with issues of crime and harm. It provides the most diverse and global coverage of this topic across five continents. Existing explorations of Indigenous peoples in relation to issues of crime and harm have proven valuable in challenging, decentring, and renewing criminology. Yet, this research area remains at the margins of criminology, and many fundamental questions—such as the meaning of ‘being Indigenous’—await deeper exploration. Key themes explored by the book include: the meaning of Indigeneity; Indigenous epistemologies, Indigenous cosmologies, and their implications for the study of crime; the meaning of ‘crime’ for Indigenous peoples; causes, consequences, and types of crimes and harms against Indigenous Peoples; Indigenous peoples and gender; Indigenous systems of justice; and Interactions between Indigenous Peoples and state criminal justice systems. This collection does not seek consensus but reflects diversity and depth. It offers an introduction to Indigenous criminology and fundamental concepts, as well as a series of case studies and more intricate theorisation.David R. Goyes
 is a researcher at the University of Oslo, Norway, with a PhD in criminology. He has contributed extensively to the study of North-South global relations, environmental conflicts, and Indigenous issues. Goyes is editor-in-chief of the 
 International Journal for Crime, Justice and Social Democracy
 and a member of several editorial boards.
 Angie Cuchimba
 is a researcher at the Universidad Antonio Nariño, Colombia. Cuchimba holds a law degree from the same university. She is an Indigenous leader in the Nasa Community and has represented her People worldwide in diverse meetings. Together with Goyes, Cuchimba has published articles about Indigenous rights and justice in some of the best journals in the world.

The edited collection gathers contributions from across the world and engages in constructive debate about fundamental issues regarding Indigenous peoples in connection with issues of crime and harm. It provides the most diverse and global coverage of this topic across five continents. Existing explorations of Indigenous peoples in relation to issues of crime and harm have proven valuable in challenging, decentring, and renewing criminology. Yet, this research area remains at the margins of criminology, and many fundamental questions—such as the meaning of ‘being Indigenous’—await deeper exploration. Key themes explored by the book include: the meaning of Indigeneity; Indigenous epistemologies, Indigenous cosmologies, and their implications for the study of crime; the meaning of ‘crime’ for Indigenous peoples; causes, consequences, and types of crimes and harms against Indigenous Peoples; Indigenous peoples and gender; Indigenous systems of justice; and Interactions between Indigenous Peoples and state criminal justice systems. This collection does not seek consensus but reflects diversity and depth. It offers an introduction to Indigenous criminology and fundamental concepts, as well as a series of case studies and more intricate theorisation.

Indigenous People, Crime, and Harm

A New York Times Notable Book of the Year
Winner of the István Hont Book Prize, Institute of Intellectual History
Finalist for the Cundill History Prize

A sweeping history of the rise of personal choice in the modern world and how it became equated with freedom

Choice touches virtually every aspect of our lives, from what to buy and where to live to whom to love, what profession to practice, and even what to believe. But the option to choose in such matters was not something we always possessed or even aspired to. At the same time, we have been warned by everybody from marketing gurus to psychologists about the negative consequences stemming from our current obsession with choice. It turns out that not only are we not very good at realizing our personal desires, we are also overwhelmed with too many possibilities and anxious about what best to select. There are social costs too. How did all this happen? The Age of Choice tells the long history of the invention of choice as the defining feature of modern freedom.

Taking readers from the seventeenth century to today, Sophia Rosenfeld describes how the early modern world witnessed the simultaneous rise of shopping as an activity and religious freedom as a matter of being able to pick one’s convictions. Similarly, she traces the history of choice in romantic life, politics, and the ideals of human rights. Throughout, she pays particular attention to the lives of women, those often with the fewest choices, who have frequently been the drivers of this change. She concludes with an exploration of how reproductive rights have become a symbolic flashpoint in our contemporary struggles over the association of liberty with choice.

Drawing on a wealth of sources ranging from novels and restaurant menus to the latest scientific findings about choice in psychology and economics, The Age of Choice urges us to rethink the meaning of choice and its promise and limitations in modern life.

A History of Freedom in Modern Life

The Age of Choice

Kleist-Jahrbuch 2021

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