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By Reza Banakar
This assortment bargains a picture of ways rights are debated and hired in public discourse to reshape felony and political kin firstly of the twenty-first century. They discover how rights are used to problem the situation through participants and teams who search justice, and the suggestions devised to defy the rights validated via those that desire to recast the social and political order. This quantity discusses rights, to begin with, in terms of genuine occasions and concerns confronted through policymakers, courts, foreign corporations, or traditional humans. those diversity from the calls for of minority teams residing within the West to freely perform their tradition and/or faith, to the specter of terrorism, the law of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is tested in terms of makes an attempt to redefine the shape and content material of rights, for instance, via banning the fitting to put on non secular symbols in public associations or detaining terrorism suspects with no trial. Thirdly, rights discourse is explored in reference to the makes an attempt to advance new notions of rights, resembling 'human security', that can extra successfully reply to the demanding situations of overdue smooth societies. eventually, the statuses of rights in sociological conception and socio-legal study are in brief mentioned and analysed.
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Extra info for Rights in Context: Law and Justice in Late Modern Society
Sample text
The retreat of the welfare state in the face of globalization is to the advantage of those in possession of the appropriate resources, which enables them to adapt themselves promptly to the changing circumstances. Others, who neither possess the right resources nor can readjust themselves to the new conditions, are left behind. A widening gap is 30 Secretary of State for the Home Department (Respondent) v. K (FC) (Appellant) Fornah (FC) (Appellant) v. Secretary of State for the Home Department (Respondent) [2006] UKHL 46.
Thus, a moral issue facing the whole of society was transformed into the failings of individual doctors and social workers. Although there are good reasons for examining the failings of these professionals, and especially the role of the social workers who neglected Baby P’s need for protection, such examination will only distract us from questioning the type of society we have collectively created, in which children are abused by those who are responsible for their care. Furthermore, the media attention devoted to Baby P’s case draws our attention away from the widespread character of child abuse in Britain.
21 Here I am drawing on and extending Denis Galligan’s discussion of legal rules to an understanding of rights, which also consist of rules. See D Galligan, Law in Modern Society (Oxford: Oxford University Press, 2006), at 57. While legal rules provide in the first place a source of ‘validity’ for making legal decisions, rights provide a source of ‘correctness’, potentially linking the spheres of positive law and morality. 22 To ensure their efficacy, rights have become increasingly incorporated into positive law, which is backed by the threat of violence against those who transgress their limits.