Politisk kontrol og frihed

Creating a Nation That Is Fair for Us AllCindy Mathers has experienced firsthand the impact of our traumatised, fragmented, and broken systems on First Nations people, and indeed us all. She has been mentored by and worked collaboratively with First Nations people for over two decades, learning through respect, deep listening, and truth telling.After repeated experiences of burnout, she began searching for solutions outside current systems. Through personal and ancestral healing, extensive research, and study, she learned that the disrespect and disregard of human rights of the First Nations people at the time of colonization created wounds that remain in our collective psyche and are passed down through generations.In DELVE-ing into Cultural Humility, Mathers shares a learning pathway forward, based on respect and deep listening. She created the DELVE formula as a collaborative way to implement change in our nation: Deconstruct-how did we get here as a nation? Explore-the impact of abuse of Human Rights on us all Listen-and learn, with deep presence to the stories of First Nations people Viable-what First Nations-led/collaborative initiatives are working? Energise-what works and fund community-led, place-based initiativesIn these pages, you will see a snapshot of what is possible when we engage the DELVE formula. By applying this pathway to her real-life projects and experiences, Mathers has created a succinct and practical resource for those who wish to become part of creating a new nation that respects the Human Rights of all.

"An esteemed activist invites us to consider the complex idea of abolition as much more than a strategy or a set of tactics-at a deeper level, abolition is an entire political framework, culture, and orientation"--

"A lush tapestry of poetry created by undocumented and undocu-adjacent writers, Here to Stay is an invitation to be a part of an integral component of contemporary American poetry"--

In this dissertation I trace the formation of citizens of the information age bycomparing visions and practices to make children and the general public computer literateor cultured in the United States, France, and the Soviet Union. Computer literacy andcomputer culture programs in these three countries began in the early 1970s as efforts toadapt people to life in the information society as it was envisioned by scholars, thinkers,and practitioners in each cultural and sociopolitical context. The dissertation focuses onthe ideas and influence of three individuals who played formative roles in propellingcomputer education initiatives in each country: Seymour Papert in the United States,Jean-Jacques Servan-Schreiber in France, and Andrei Ershov in the Soviet Union.According to these pioneers, to become computer literate or computer cultured meantmore than developing computer skills or learning how to passively use the personalcomputer. Each envisioned a distinctive way of incorporating the machine into theindividual human's ways of thinking and being-as a cognitive enhancement in theUnited States, as a culture in France, and as a partner in the Soviet Union. The resultinghuman-computer hybrids all demanded what I call a playful relationship to the personalcomputer, that is, a domain of free and unstructured, exploratory creativity. I trace therealization of these human-computer hybrids from their origins in the visions of a fewpioneers to their embedding in particular hardware, software, and educational curricula,

This book presents a unique framework for the inclusion of ecomedia in the English language classroom to help learners cultivate global citizenship. Foregrounding learner agency in a world at risk, the author proposes a framework that hinges on human rights and critical eco-cosmopolitanism to help learners position themselves in discourses on climate change and act for transformation. The book discusses eco-documentaries as multimodal, factional texts against the background of cutting-edge research, refuting a definition based on the binary of fiction and non-fiction. Translating the insights gained from this discussion to the language education context, learners are conceptualised as active designers of meaning making when engaged with eco-documentaries. Based on this discussion, the book puts forth an innovative, multiliteracies-informed concept which is embedded in a sustainability-oriented pedagogy of hope, which encourages learners to learn and practice languages of hope and advocacy. The book will be of interest to scholars in the fields of ecopedagogy, sustainability education, global citizenship education and cultural learning, film pedagogy and language education, as well as language educators.

There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system.Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances.Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State¿s neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey¿s general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President¿s predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism.The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.

The book explores the right to free, prior and informed consent (FPIC) ¿ a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities¿ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or ¿ to put it in other words ¿ its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law ¿ more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.

”Christopher Herwig er fotograf, men jeg kalder ham for busstoppestedsjæger. Som fortælleren i en roman af Ivan Turgenev går han på jagt. Han opsporer, finder og fanger sit bytte, men trofæerne er ikke udstoppede bjørne eller sommerfugle sat på nåle. Det er fotografier af busstoppesteder, mere præcist: sovjetiske busstoppesteder.”De står som små trodsige helte i vejsiden. Poetiske modstandsformer. Sådan ser Kristoffer Hegnsvad dem i hvert fald. De sovjetiske busstoppesteder. I årevis har han fulgt i fodsporene på den canadiske fotograf og busstoppestedsjæger Christopher Herwig, der siden 2002 har opsporet de oprørske læskure, som blev til under det sovjetiske styre. Rejserne går gennem bl.a. Rusland, Ukraine og Belarus og er blevet til en tekst om monumenternes kraft på vejene, men også omvejene og tankerne i grøftekanten: om sovjetmentalitet, undertrykkelse og selvmord; om håb, opposition og frihed.

This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs. 

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view.As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues.The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.

This book examines the relationship between immigration, crime, police and politics in the city of Buenos Aires during the Cambiemos ("Let's Change") administration, which took place in Argentina between 2015 and 2019. It draws on semi-structured interviews with migrants to offer insights into interactions between police and migrants, narratives of police violence, police attitudes towards migrants, the nexus between police and politics and the perception of the vulnerability of the migratory community of belonging to police action. Using a mixed methods approach, it also draws on secondary quantitative data regarding police practices of detention of migrants and examines political discourses around the immigration-crime association. In essence, it discusses the changes in attitude of the police towards different ethnic-national groups during the administration Cambiemos. In this sense, it presents empirical research and methodological insights fromthe Global South.

This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive "e;bio-ethical"e; issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

This book critically examines the development of the 'stirring up hatred' offences which are currently found within the UK's Public Order Act 1986. Through a critical discourse analysis of key excerpts of parliamentary Hansard, the book constructs a detailed genealogy of the offences from the perspectives that shaped them. A novel application of theory on 'myth' is used to navigate the complex arguments and to trace ideas about identity and order across parliamentary debates, from fears of Fascism in the 1930s to condemnations of homophobia in the early 21st century. The story of the stirring up hatred offences told in this book therefore extends far beyond the traditional frame of a dilemma between regulating hate speech and safeguarding free speech: it is inextricably entwined with myths about law, race and national identity, and speaks to wider themes of coloniality, neoliberalism, white entitlement, British-Christian exceptionalism and the innocence of law. Written in an accessible and engaging style, this book challenges a wide range of assumptions about hate speech law and raises a series of considerations for developing forms of accountability that are less complicit in the harms that they are supposed to redress.

In diesem Sammelband werden aus unterschiedlichen fachspezifischen, wissenschaftlichen und praktischen Perspektiven vielfältige Aspekte des Themas ¿Dekolonialität in der Politischen Bildung¿ beleuchtet und kritisch reflektiert. Die didaktischen Potenziale unterschiedlicher wissenschaftlicher Herangehensweisen und Praxiserfahrungen werden vorgestellt und theoretische Überlegungen sowie empirische Erkenntnisse zum Schwerpunktthema präsentiert.

This book examines the lived experienes of death penalty defense lawyers and how they created a legal culture of resistance to the death penalty. It argues that an important social component of death penalty abolition in the state of Colorado was due to the efforts of capital defense attorneys. Specifically, it explores how the death penalty defense lawyers created and embraced a legal culture of resistance which compelled the attorneys to fight tenaciously in order to win life sentences for clients that had committed brutal homicides. A legal culture of resistance does not exist in a vacuum. Thwarting Death traces the lived experience of 15 death penalty defense lawyers from when they were kids all the way up through retirement to explain how a legal culture of resistance forms and lawyers operate within it after being established which in turn can have a massive influence on public policy outside of a courtroom; such as creating a social and political environmentconducive to abolishing the death penalty.

This book addresses the challenges within teaching Criminology and Criminal Justice, for students studying and academics involved in designing and delivering courses at an undergraduate and postgraduate level. The book highlights a number of contemporary issues through a wide context of themes and reflections of practice. The chapters are arranged in thematic parts: firstly 'the challenges of diversity and inclusion' secondly 'challenges of creating authentic learning environments', and lastly 'the challenge of creating transformative conversation'. These themes discuss different teaching approaches and present materials which address questions relevant for meeting the challenges. The book focuses on the role and impact of teaching Criminology and Criminal Justice in the real world and explores debates which have autonomy in their questioning and overlapping themes. The narratives reflect upon others' experiences and explore transformative learning and innovation in Criminology and Criminal Justice.

This book explores the complex linkages between power politics of the international arena, the profit-seeking, often elitist and at-times corrupt world of professional international sport, and the promise for harnessing sport to promote human rights, inclusive development, and sustainable peace in a violent world.

Drawing on the cases of South Africa, East Timor, Sierra Leone, and the Solomon Islands, examines how Truth and Reconciliation Commissions (TRCs) have engaged with youth in ways that represent their stories and reflect their substantive participatory capacity as political stakeholders.

A song that uplifts the essence and profound commitment of the Universal Declaration of Human Rights, creating a musical setting for readings of the 30 articles in any or many languages.

"An examination of how laws have grown to the detriment of everyday Americans"--

Dieses Buch erörtert die spezifischen Probleme, die sich aus der Unwirksamkeit gescheiterter Preisanpassungsklauseln im Rahmen von Dauerschuldverhältnissen ergeben. Die Autorin analysiert die geltungserhaltende Reduktion, die Aufspaltung teilunwirksamer Klauseln, die Lückenschließung, die Teilnichtigkeit des Vertrags und die Erstattungsansprüche bei unwirksam vereinbarten Preisanpassungsklauseln anhand des deutschen Rechts sowie unter Berücksichtigung des europäischen Rechts. Anschließend exemplifiziert sie ihre Erkenntnisse am Beispiel langfristiger Energielieferverträge. Feststellend, dass die Lückenschließung nach der sog. Dreijahreslösung des Bundesgerichtshofs unionsrechtswidrig ist, prüft sie abschließend, ob ein Vertragsanpassungsanspruch aufgrund § 313 BGB begründet werden kann.

Following a dialogic and interdisciplinary approach, this book highlights changes in the concept and action of disobedience, presenting a theoretical framework and applied case studies.Disobedience has traditionally been played out through collective actions and protests which configure and propose alternative social scenarios to the status quo. Today, in a changing socio-historical context, disobedience represents a mode of political participation and a form of an active citizenship attempt to correct authoritarian drifts. Furthermore, it often highlights social problems and morally controversial issues. Disobedience is not only a right granted to the individual within democratic systems and/or duty imposed in the interest of society in a pro-social sense, i.e. defense of human rights and a tendency towards equalization, but it also became an alternative process, often symbolic, of construction of reality.The book focuses on a) reconstructing the concept of socialdisobedience and the field's state of the art from an innovative, contemporary, theoretical, and conceptual perspective and b) analyzing its phenomenology within a specific territorial horizon, with the objective of uncovering social and pro-social aspects related to today¿s forms of disobedience. The book therefore will appeal to students, scholars, and researchers of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory, and moral philosophy.

This book discusses whether democracy and republicanism are identical, complementary, or contradicting ideas. The rediscovery of classic republicanism a few decades ago made it clear how profoundly modern notions of democracy had been shaped by the republican tradition. But defining these two concepts remains difficult, and the views diverge widely. The overarching aim of this book is to discuss the extent to which democracy and republicanism are identical, complementary or mutually contradicting ideals / ideas. Pursuing this open approach to the subject means calling into question a widely used formula according to which modern democracy is composed of liberal principles such as individualism, the rule of law and human rights, on the one hand, and of republican principles such as focusing on the common good and popular sovereignty, on the other. This book will appeal to students, researches, and scholars of political science interested in a better understanding of political theory and political history.

Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes:- Volume I: Institutions- Volume II: Fundamental Rights- Volume III: Constitutional Principles