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Advancing Equality

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ISBN: 9780520973879 9780520309630 Year: Pages: 417 DOI: 10.1525/luminos.81 Language: English
Publisher: University of California Press
Subject: Architecture
Added to DOAB on : 2020-02-05 11:21:21
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In a world where basic human rights are under attack and discrimination widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century, and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether these rights on paper have been translated into practice, and which nations and protections from discrimination lag behind. As the book reveals, beyond countering discrimination, advancing equality requires fulfilling everyone’s fundamental rights to health and education, essential social and economic rights. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

Deciphering Markets and Money

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ISBN: 9789523690011 9789523690004 9789523690028 9789523690035 Year: Pages: 203 DOI: 10.33134/HUP-1 Language: English
Publisher: Helsinki University Press
Subject: Economics --- Sociology
Added to DOAB on : 2020-03-04 11:21:03
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"During the last two decades, economic sociology has experienced a remarkable revival and has become one of the most innovative fields of sociological research. Shifts in economic policy worldwide have led to the increasing interest in the sociological analysis of economic phenomena and institutions by challenging traditional research questions and demonstrating the limits and problems inherent in standard economic thinking and reasoning. Jukka Gronow’s book Deciphering Markets and Money solves the problem of the specific social conditions of an economic order based on money and the equal exchange of commodities. Gronow scrutinizes the relation of sociology to neoclassical economics and reflects on how sociology can contribute to the analyses of the major economic institutions. The question of the comparability and commensuration of economic objects runs through the chapters of the book. The author shows that due to the multidimensionality and principal quality uncertainty of products, markets would collapse without market devices that are either procedural, consisting of technical standards and measuring instruments, or aesthetic, relying on the judgements of taste, or both. In his book, Gronow demonstrates that in this respect, financial markets share the same problem as the markets of, wines, movies, or PCs and mobile phones, and hence offer a highly actual case to study their social constitution in the process of coming into being. Jukka Gronow is professor emeritus of sociology at Uppsala University, Sweden, and docent at the University of Helsinki, Finland. He has published on sociology of consumption, history of sociology and social theory."

National Commissions of Inquiry in Africa: Vehicles to pursue accountability for violations of the right to life?

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ISBN: 9781920538866 Year: Pages: 338 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-09-09 13:45:17
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National commissions of inquiry in the aftermath of violations of human rights, including violations of the right to life, are a common feature of the African legal and political landscape. There is often a fair measure of scepticism or caution about their use, and with good reason. They can serve as convenient instruments to avoid accountability, rather than to achieve it. However, very little hard evidence is available upon which the performance of such commissions can be assessed, and hence impressions of their utility are often largely anecdotal.For the purposes of this book, researchers went to six countries in Africa—Chad, Burkina Faso, Kenya, Malawi, South Africa and Nigeria—and conducted in-depth investigations of commissions of inquiry that have been held there, interviewing those directly involved in the proceedings and those working on the issues since, including victims, lawyers, investigators and Commissioners. Drawing on this research, the book argues that commissions of inquiry should not be contrasted with courts or with criminal trials, since their proper place is at a different stage of the investigative process. Rather than replacing criminal processes, commissions might guide whether and how they should take place. Commissions can be cathartic events for victims or families; they can demonstrate that human rights are a priority for the state and thus lay the foundations for the rule of law; and they can make broader recommendations about what should be done. In short, in certain circumstances, they can serve to enable a broader concept of accountability.Praise for this publication“A rich collection of well-researched chapters made up of normative analysis and case studies, which presents a much-needed scholarly contribution to the question of accountability for violations of human rights—particularly the right to life—through a means other than a routine criminal process, a question with which the African Commission on Human and Peoples' Rights wrestled in its Study on Transitional Justice that was the basis for the African Union Transitional Justice Policy. The insights it offers on why, how and when Commissions of Inquiry in Africa facilitate accountability are profoundly informative not only for scholars but also for policy makers and practitioners.”Solomon Ayele DerssoChairperson, African Commission on Human and Peoples’ Rights “This book covers new ground, with six rich case studies drawing from on-the ground research across the African continent. It demonstrates that while independent mechanisms can all face significant challenges in the aftermath of grave violations of human rights, properly-mandated, adequately-empowered and well-supported commissions of inquiry can in some cases play a valuable role within broader processes of accountability. The authors rightly focus on the complementarity of the different elements that a transitional justice process must have in order to be compatible with human rights standards, making an extraordinary theoretical contribution to debates about how to guarantee human rights in the face of atrocious facts.”Fabián SalvioliUN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrenceTable of ContentsBackground and acknowledgments &Members of the research teamIntroduction: The role of national commissions of inquiry in securing the supreme human rightThomas Probert & Christof HeynsA brief introduction to the right to life and the normative framework mandating accountability, including the duty to investigate potentially unlawful deaths, as well as to the broader research project lying behind this volumeThe concept of accountability and its importance for the protection of the right to lifeThomas ProbertA chapter that looks at how the mutually-reinforcing character of human rights accountability is fundamental to its definition, and the consequence that human rights accountability must contain three key elements: finding out what happened and who was responsible (investigations); finding waysof remedying the situation (remedies); and finding ways of preventing it from happening again (reforms).‘Lawfare’, instruments of governmentality and accountability, or both? An overview of national commissions of inquiry in AfricaMeetali JainA chapter illustrating how commissions of inquiry have a long pedigree in the legal and bureaucratic architecture of several of the colonial powers in Africa, and have been adopted by many African governments during the post-colonial period. It explores how the commission of inquiry, as an instrument of governmentality, can be and has been imposed for the purpose of legalistic domination, but how it has sometimes acquired a life of its own and also catalysed reform.Commissions of inquiry and social solidarity in the African contextChristof HeynsA chapter that discusses the extent to which it is possible to draw lessons from an historical emphasis on social solidarity to inform our understanding of the role of commissions in Africa. In particular, it explores the extent to which South African jurisprudence has been informed by or has deployed the concept of ubuntu and its impact on accountability, also for right to life violationsShedding all the light? The Commission of Inquiry into the Crimes and Misappropriations of Hissène Habré in ChadThe first case-study chapter, this examines the Commission of Inquiry into the Crimes and Misappropriations Committed by Ex-President Habré, his Accomplices and/or Accessories, which took place in Chad in 1990 to 1991. Established by new President Idriss Déby after Habré had fled the country, it provided a rather one-sided account of the abuses that had occurred during the latter’s rule. Nonetheless, its role in documenting violations, and its status as an official record adopted by the government of Chad, would go on to play a central role in the long story of the pursuit of justice for Habré’s victims, culminating in the Extraordinary African Chambers verdict and his conviction in 2016.A murdered journalist and a crisis of faith in the judiciary: The Independent Commission of Inquiry into the Death of Norbert Zongo in Burkina FasoThomas ProbertWhereas that Chadian Commission reviewed evidence of violations that took place over eight years, and reported on thousands of deaths, the next case study, that of the Independent Commission of Inquiry into the Death of Norbert Zongo and His Four Companions in Burkina Faso in 1999, investigated the events of a single afternoon. This chapter shows how, while the Commission focused on the murder of a journalist, the mobilisation for its establishment, and the challenges it faced reflected a complete lack of faith of the official judicial machinery of Blaise Compaoré’s regime.Public hearings and secret envelopes: The Waki Commission as a case study of accountability in KenyaAnyango Yvonne OyiekeThe third case study is of the well-known Commission of Inquiry into Post-Election Violence in Kenya (sometimes called the Waki Commission). This Commission played a central role at the beginning of a long process of the pursuit of accountability for the abuses at the hands of both non-state and state actors in the aftermath of the 2007 election in Kenya. The Commission formed part of an internationally-mediated peace agreement, involved two international commissioners, and would ultimately end up implicated in a far more international process of indictments before the ICC that would lead to a sitting President appearing (briefly) in the dock at The Hague.A slow but steady search for justice: The Commission of Inquiry into the July 2011 ‘riots’ in MalawiJohn KotsopoulosThe conduct of the police was also examined by the Commission of Inquiry into the Death and Destruction of Property during the events of July 2011 in Malawi. This case was an interesting example of a commission of inquiry investigating a single set of events (the state’s response to a coordinated set of public protests across several cities) from multiple social perspectives, while also drawing important lessons for how the police ought to conduct public order operations.The rose that grew from concrete: The Commission of Inquiry into policing in Khayelitsha, South AfricaMeetali JainThe Commission of Inquiry into Police Inefficiency in Khayleitsha was tasked with investigating an ongoing situation, in one of South Africa’s larger townships. Rather than inquiring into a specific police action, it was in many ways tasked with examining the causes of police inaction. This chapter shows how a commission established by the provincial government of the Western Cape was able to cast a spotlight on a series of social injustices that contributed to substantially weaker protections of the right to life.The (im)partiality of justice: The challenges of investigating the clashes between the Islamic Movement of Nigeria and the Nigerian army in Zaria, NigeriaAnyango Yvonne OyiekeThe final case study is the most recent. The Kaduna State Commission of Inquiry into the Clashes Between the Islamic Movement of Nigeria and the Nigerian Army in Zaria Between 12th & 14th December 2015 provides an interesting example in many respects of how not to conduct a commission of inquiry. This chapter demonstrates how, provided with a less than impartial mandate, a commission can ostensibly neglect the opportunity to conduct detailed investigations into credible evidence of serious violations.Commissions of inquiry: Valuable first steps towards accountability or smokescreens for inaction?Thomas Probert & Christof HeynsWhile not based on a representative sample of current usage or “success”, the findings of this study can lend themselves to certain generalised observations about the effectiveness of commissions of inquiry as accountability mechanisms, and the circumstances under which they can play a role in the broader process that fulfils the state’s procedural obligations with regard to violations of the right to life. In a concluding chapter the editors pull together some of these general characteristics, while also drawing upon international human rights law standards for the conduct of investigations.Annex: A list of commissions of inquiry in Africa, 1990-2016

Un Código civil perfecto y bien calculado. El proyecto de 1821 en la historia de la codificación

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Book Series: Historia del Derecho ISSN: 2255-5137 ISBN: 9788413243290 Year: Volume: 74 Pages: 409 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History Grant: La memoria del jurista español: génesis y desarrollo de las disciplinas jurídicas (ref. DER2014-55035-C2-1-P), financiado por el Ministerio de Economía, Industria y Competitividad (España).
Subject: Law
Added to DOAB on : 2019-09-13 14:05:11
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A study of the (incomplete) draft of the Civil Code drawn up by the Cortes in 1821, within the framework of the ideas and texts of the contemporary European codification. It reconstructs the parliamentary life of the text in the Spanish Cortes and the biographies of the deputies who worked on it, in particular Nicolás Mª Garelly. The analysis of three relevant issues addressed by Garelly and his colleagues – namely the theory of legislation, the conditions affecting the legal status of individuals, their civil rights - completes the monograph, which also includes a new edition of the printed booklet (December 1821) that constitutes our sole source of knowledge. --- Estudio del (incompleto) proyecto de Código civil elaborado por las Cortes en 1821, en el marco de las ideas y textos de la codificación civil europea del momento y de la Constitución de 1812. Se reconstruye la vida parlamentaria del intento de las Cortes y las biografías de los diputados que estuvieron tras su elaboración, en particular el valenciano Nicolás Mª Garelly. El análisis de tres relevantes cuestiones abordadas por Garelly y sus colegas –la teoría de la ley, las condiciones que afectaban el estatuto jurídico de los individuos, los derechos civiles de éstos− completa la monografía, que incluye una nueva edición del folleto impreso (en diciembre de 1821) que constituye nuestra única fuente de conocimiento.

Pretoria Student Law Review 2020-14-2

ISSN: 1998-0280 ISBN: 19980280 Year: Pages: 401 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-10-13 11:21:17
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About the publicationHonoured to present to you, the reader, the 2020 edition of the Pretoria Student Law Review (PSLR), an annual publication which is the pride of the best law faculty in Africa (according to the Times Higher Education World University Rankings). The University of Pretoria’s Law Faculty ranks in the top 100 law faculties in the world, a feat unequalled in Africa. The PSLR is a student driven law review that creates an interactive forum for students, academics and legal professionals to discuss topical legal matters that challenge the status quo. At the beginning of this year, lay the fantasy of newness — presenting an opportunity to do great things. But as I reflect on the journey leading to this publication, I understand that the 2020 edition of the PSLR had an engine that ran on hope; faith; dedication; perseverance; commitment and hard work. Our predecessors had a vision to create a boldly outlined legacy for the PSLR, they spearheaded the setting up of a system that would last the lifespan of the PSLR. Today, some 13 years after the first edition of the PSLR, South Africa, the continent and the world at large are on the cusp of a new era — socially, economically and politically. When my journey as Editor-in-Chief commenced, I imagined the PSLR as a ship, whose captain was myself. Customarily, it is easy to be a captain of a ship in calm seas, but unlike most of my predecessors, I have had to be the captain of a ship through the heftiest of storms. The world was not truly prepared to face challenges presented by the Covid-19, let alone the PSLR. In the wake of the 4IR and this new age of technology, sailing this ship to success was still a heavy task to complete.It is therefore with great honour to have been able to successfully complete the task for which we, the 14th cohort of the Editorial Board, were called for. We have upheld the esteemed reputations that have been left by our predecessors. Fittingly, I wish to applaud my team for their inspiring commitment, outstanding contribution and service in maintaining the elevated standard of the PSLR. For indeed it is a publication, par excellence.Amidst the storms, we have spearheaded the establishment of a ‘free-floating’ PSLR Collection in the OR Tambo Law Library. This collection is dedicated to house all published PSLR editions, dating since the inception of the PSLR in 2007. We have established and strengthened relations with other Law Faculties in the country, and even beyond. We published the very first special edition of the PSLR, a focused edition that covers a critical issue brought before the South African Law Deans Association — the Decolonisation of Legal Education. We have established a system by which all authors who publish with us, ought to have an ORCID iD. We have adopted internal regulations that outline the principles that govern the Editorial Board. We have spearheaded the adoption and implementation of a policy that forces us to comply with DHET Standards in order to be a DHET Accredited Journal so as to encourage and foster a student culture of critical research & writing in legal academia.I am truly proud of the work that the authors have put into their articles and I would like to thank them for their submissions and tireless efforts to produce quality articles. More-so, I am proud of the Editorial Board for being able to work under immense pressure. This edition would have not been possible without the dedication and hard work of this dream team. I remain indebted to you all: Adelaide Chagopa, Kayla Thomas, Marcia van der Merwe, Nicholas Herd and Phenyo Sekati. It has been a great pleasure and a privilege to have worked with you on this annual edition. A note of thanks to Dr Gustav Muller in his capacity as the Guardian of the PSLR. To the reviewers, your adjudication lays the foundation for each edition, year-in-yearout. Your support and contribution to the PSLR remains invaluable. To Lizette Hermann, Elzet Hurter and Mornay Hassen, thank you for your continued and immeasurable support throughout this journey. To Primrose E.R Kurasha, thank you for believing in me and for guiding me. I am forever indebted to you my friend.To my family: Elizabeth Mtshweni; Jostina Mtshweni; Clayton Mtshweni; Lucas Berto Mateus; Stephine Mashilo and Lerato Mashilo, words cannot begin to express my gratitude for all the support you have given me throughout this journey. Thank you for keeping me sane through one of the toughest times of my ‘publishing’ career. Thank you for the endless amount of support and the unconditional love you give me always. You are the power & oil that kept this engine running, all by the sufficient grace of God.I hereby pass the baton and entrust the next Editor-in-Chief with the difficult task of running faster and running a better marathon than myself and my predecessors.To you future author, I implore you to start writing, for the water does not flow until the faucet is turned on. To you the reader, Jurgen Zwecker was right: enjoy the read — without fear to question what is in front of you, for that is the only way we, as scholars, grow.Simon MotshweniEditor-in-Chief2020

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