In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited for work others were unwilling to do. What was to replace this labor, which had been the source of so much wealth and power? Three federal (...) initiatives helped to create new workers without rights: the welfare reform law of 1996 and the changes in immigration and crime law and policy both starting in the mid-1960s. These changes re-created vulnerable labor, disproportionately marked and stigmatized as black or Mexican. These workers create a central strength of U.S. imperialism: cheap food. Because workers without rights have an important function in a capitalist economy, a society where all workers can flourish is not capitalist but communist. (shrink)

Paul Gomberg ABSTRACT: In the United States the Civil Rights Movement emerging after World War II ended Jim Crow racism, with its legal segregation and stigmatization of black people. Yet black people, both in chattel slavery and under Jim Crow, had provided abundant labor subject to racist terror; they were workers who could be recruited...

This study assesses the extent to which job application forms violate the New Zealand Human Rights Act. The sample for the study includes 229 job application forms, collected from a variety of large and small, public- and private-sector organizations that together employ approximately 200,000 workers. Two hundred and four or 88% of the job application forms contain at least one violation of the Act. One hundred and sixty five or 72% contain two or more and 140 or 61% (...) contain three or more violations. The most common violations concern age, gender, nationality, and disability. The least common concern political opinion, ethical belief, religious belief, and sexual orientation. Despite widespread violations, many forms do have non-discriminatory questions that yield the same kind of useful information as discriminatory questions. Employers could incorporate these into their job application forms to bring themselves into compliance with the law. The same lessons also generally apply to North American employers, given the high degree of comparability between American, Canadian, and New Zealand anti-discrimination laws. (shrink)

This article extends the theoretical discussion of counterpublics and applies the concept to an authoritarian context. The article contends that it is necessary to distinguish between the counterpublic oriented by liberal ideology that criticizes authoritarianism at an abstract level and the counterpublics that are concerned with substantive inequality. To illustrate the approach taken, the articulation of rural migrant workers’ rights between 1992 and 2014 is documented, demonstrating that, in the 1990s and early 2000s, most public discussion on the (...) issue tended to reduce workers’ rights to civil rights. It was not until the late 2000s that alternative forms of rights, such as social rights, were thematized. As the article argues, this was because the power balance between Counterpublic I and Counterpublic II had been changed. The empirical study explains the transformation and highlights the heterogeneity within Counterpublic II by comparing the diverse strategies employed by different actors. (shrink)

The “Protect, Respect, Remedy” Framework along with the UN Guiding Principles on Business and Human Rights is the current global standard regarding corporate conduct. This article analyses the UN Framework from the vantage point of labour rights in India by looking at the garment supply chain. It argues that it can do little to induce states and businesses to bring substantive improvements to working conditions in a largely informal economy like India. Without the state performing its duty to (...) protect human rights, the secondary responsibility of corporations can do very little in realising the rights of workers. Nonetheless, its tallest contribution is that it has given a platform for civil society to push for better conduct from all businesses and marks the beginning of a unified international business and human rights agenda. (shrink)

Those arguing that conscientious objection in medicine should be declared unethical by professional societies face the following challenge: conscientious objection can function as an important reforming mechanism when it involves health care workers refusing to participate in certain medical interventions deemed standard of care and legally sanctioned but which undermine patients’ rights. In such cases, the argument goes, far from being unethical, conscientious objection may actually be a professional duty. I examine this sort of challenge and ultimately argue (...) that these acts of conscience done in the interest of reforming professional norms or medical regulations are best understood as episodes of civil disobedience rather than episodes of conscientious objection. In contrast to the private, exempting nature of conscientious objection, civil disobedience is a public breach of a norm or law undertaken with the aim of bringing about a change in governmental policies or professional standards. Consequently, clinicians may have a duty to engage in civil disobedience even while professional societies are right to declare limitations on the ethical appropriateness of conscientious objection. (shrink)

Exposure is key element of photography as well as in the relationship between the category of regime and the subjects it entails. This article sets out to re-examine the characteristics of exposure across these different contexts and on the basis of Jean-Luc Nancy’s thought. The article focuses on the relation between the practice of photography and civil actions pursued by human rights organizations. Combining theoretical ­considerations, analysis of photographs and interviews with human rights workers, the article (...) points to the key role that exposure plays in civic action and seeks to articulate its complexity. Adopting an ­interdisciplinary methodology, the article argues that exposure is no simple relation between an ‘exposer’ and that which is ‘exposed’, but, rather, that as a process exposure reveals complex social political dynamics which defy ­conventional binary determinations of such relations. (shrink)

This paper examines the reasons why peasant migrants in Chinese cities, a long exploited but silent working class, recently started to voice out claims for better protection of their legal rights. As legal consciousness develops among migrant workers, who slowly learn how to mobilize the law in an effort to resist an oppressive system, so does the awareness of the regime's failings and of the need for alternative forms of representation. However, the migrants' attempts to achieve more autonomy (...) have so far been hijacked by the Party_state and hardly give rise to society empowerment. mobilization of the grassroots, how to guide the new civil rights movement towards a nonviolent and legal form of expression; how to limit the negative developments caused by the reform through political reform, protect society’s rights and constrain officials’ rights in order to establish a political system that respects human rights—these are the challenges confronting the Chinese Communist regime if it wants to appease the wrath of the people. (shrink)

Drawing on several recent studies, and a few personal interviews with leadership, the author reviews the history (1937-1968) of the United Packinghouse Workers of America (UPWA) in order to demonstrate how this Chicago-based labor movement exemplified radical commitments to social welfare and civil rights, in addition to more traditional concerns with pay and other shopfloor issues. Not only did the union have significant membership among African-American workers, but it also undertook active programs of anti-racism in order (...) to fight racial discrimination with its own ranks. The union also resisted much of the anti-communist politics of the post-Cold War era, resulting in a tradition of racial commitments to “social unionism.” For example, this was one of the first unions to offer financial support to the Southern Christian Leadership Conference soon after the civil rights organization was founded by Dr. Martin Luther King, Jr. (shrink)

Brazilian society has frequently been described as polarized during the country’s recent political and economic crisis. In 2018, a wave of opposition to the centre-left Workers’ Party culminated in the election of Jair Bolsonaro, a right-wing populist who portrays the political left as a malevolent force in Brazilian society. In this paper I explore this polarization through drawing on ethnographic research with the Homeless Workers’ Movement (Movimento de Trablhadores Sem-Teto, MTST), a large urban social movement that develops settlements (...) on underutilized land in the city, and a prominent civil society opponent of Bolsonaro. More specifically, I examine a key site of socio-spatial tension in São Paulo, Paulista Avenue, as a new political right came to predominate on the city’s main thoroughfare during the campaign to impeach the Workers’ Party President, Dilma Rousseff. I show how the perceived intolerance of the mobilized right helped to establish new normative codes that regulated the political symbolism which could be displayed in public spaces. Lastly, I consider how the vilification of the MTST in particular and the political left in general by the new right is embedded in broader structures of stigmatization. (shrink)

ABSTRACT Right after the Finnish Civil War of 1918, the first treatises discussing the insurgents in crowd psychological terms were published. Between 1918 and the early 1920s, several Finnish authors used Gustave Le Bon's and other crowd psychologists’ ideas of suggestion, mental epidemics, and the dangers of socialism in their interpretations of the aborted revolution. The article argues that the use of crowd psychology in the years following the Finnish Civil War was an attempt to articulate in objective, (...) scientific language an emotional and moral reaction to the shock of seeing a nation violently divided and tearing itself apart. Intrinsic to Finnish interpretations of crowd psychology were the increasing antagonism between socialists and anti-socialists, the influence of Bolshevism on the worker's movement, the importance attributed to the ‘racial’ qualities of the people, and the impact of the Civil War on the educated classes – all issues that are easy to relate to wider European and global contexts. This article lends support to the thesis that crowd psychology was an influential intellectual construction that had great heuristic value among contemporaries from the late nineteenth century to World War II. (shrink)

How can English language teachers contribute to peace locally and globally? English language teachers and learners are located in the global civil society – an international network of civil organizations and NGOs related to human rights, the environment, and sustainable peace. English, with its special role as an international language, is a major tool for communication within this network. On the local level, many teachers are interested in promoting reconciliation and sustainable peace, but often do not know (...) how to do so. This book provides information, analysis, and techniques to help teachers around the world take action toward this goal. Balancing, in a readable and accessible way, the global and the local, core and periphery, cultural diffusion and resistance, theory and practice, pessimism and optimism, outsider and insider perspectives, the expert role and the apprentice role, and prescriptive and elicitive methods, it offers an alternative to literature about critical applied linguistics, globalization, and peace education that is simply too complex and wordy to spread easily from theoretician to the classroom teacher. _The English Teacher in Global Civil Society_: synthesizes threads from many fields and topics into a coherent and empowering argument for the activist role English language teachers can take to promote social change draws on humanistic education, peace education, cross-cultural understanding, problem-posing, cooperative learning, and critical thinking methodologies to help English language teachers learn how to teach conflict resolution skills in their classrooms covers issues in critical applied linguistics, approaches and methodologies in ESL/EFL, global and local curricular issues, and specific skill areas such reading, writing, and speaking suggests a new goal for English language teachers: global citizenship. This engaging, informative, provocative, and highly readable book is a welcome resource for English language teacher trainers, pre-service teachers, practicing classroom teachers, and Peace Corps workers around the world. (shrink)

Hailing from the American South, I was a slow student, awakened by Plato in high school and introduced to philosophy in college. Alienated from analytic trivia and minutia, I did graduate work in Greek philosophy at Syracuse University. My first academic job at Memphis State University involved me in the Southern Civil Rights Movement; my second at the Wisconsin State University-Stevens Point involved me in the environmental movement and inspired me to create first environmental ethics and then, in (...) collaboration with Roger Ames, comparative environmental philosophy. In the face of unprecedented challenges, such as global climate change, academic philosophy must abandon its preoccupation with arcane puzzles and its studied intellectual isolation and work collaboratively with the natural and social sciences if it is to survive in the competitive and accountable academic climate of the twenty-first century. (shrink)

Suggests that there is an integral relationship between support for civil rights and support for a cluster of practices that might be characterized under the heading off "economic democracy." These include participatory workplace governance schemes and basic income schemes as alternatives to conventional income support programs.

In Civil Rights and the Paradox of Liberal Democracy, Bradley Watson demonstrates the paradox of liberal democracy: that its cornerstone principles of equality and freedom are principles inherently directed toward undermining it. Modernity, beyond bringing definition to political equality, unleashed a whirlwind of individualism, which feeds the soul's basic impulse to rule without limitationincluding the limitation of consent. Here Watson begins his analysis of the foundations of liberalism, looking carefully and critically at the moral and political philosophies that (...) justify modern civil rights litigation. He goes on to examine the judicial manifestations of the paradox of liberal democracy, seeking to bring a broad philosophical coherence to legal decision making in the United States and Canada. Finally, Watson illuminates the extent to which this decision making is in tension with liberal democracy, and outlines proposals for reform. (shrink)

Title VI of the Civil Rights Act of 1964 and its implementing regulations prohibit federally-funded educational institutions and healthcare centers from engaging in disparate impact discrimination “on the ground of race, color, or national origin” in all of their operations.

One fundamental barrier to eliminating health disparities, particularly with regard to the determinants of health, is the persistence of discrimination. Civil rights law is the primary legal mechanism used to address discrimination. Federal civil rights laws have been the subject of wider analyses as a determinant of health as well as a tool to address health disparities. The research on state civil rights laws, while more limited, is growing. This article will highlight a few (...) examples of how some states are using civil rights laws to combat discrimination, particularly in more expansive ways and in the interest of new populations, presenting tools that can target determinants and address the goal of reducing health disparities. (shrink)

In their article “The Civil Rights of Health,” Harris and Pamukcu offer a framework connecting civil rights law to unjust health disparities with the aims of creating broader awareness of subordination as a root cause of health inequities and inviting policymakers to create new legal tools for dismantling it. They close with a call to action. Here, we take up their call and propose cooperative enterprises as a health justice intervention. To illustrate this conceptualization, we focus (...) on childcare as a system with robust connections to social, economic, and health equity for children, workers, and families. (shrink)

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back (...) to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society. (shrink)

This paper argues that a thorough discussion on women’s rights needs to go beyond progress in civil and political rights. Looking comparatively at Iran and Turkey, it posits that the legal and political context of secularism v. theocracy has much less of an impact than expected, and suggests that other variables offer much more compelling explanations. The paper combines feminist constructivist insights with the broader lens of world -system theory to hypothesize that the explanation for women‘s inequality (...) in employment is found at the intersection of endogenous gender constructions heavily influenced by culture and religion, and of an international economic order that contributes to the reproduction of a patriarchal structure in poorer countries, regardless of their political system. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King (...) was not just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

The articles in this volume focus on the appropriate relationship between rights and counterterrorism policy and form part of the surge of scholarship on security and human rights resulting from the 'war on terror'. The articles also take account of issues of security where terrorism is not a factor, and reflect the attempt to rethink more generally the concept of security and its relationship to rights.

Do fetuses have rights, including a right to life?

In Pabon v. Wright, the Second Circuit held that the Fourteenth Amendment right to refuse medical treatment contained a corollary right to the information necessary to make an informed decision. Plaintiff, William Pabon, was an inmate at Green Haven Correctional Facility in New York. He named two groups of defendants: his doctors and nurses at Green Haven and his doctors at Dutchess Gastroenterologists, P.C..In October 1996, a laboratory test indicated that Plaintiff may have contracted Hepatitis C. The Green Haven doctors (...) referred Plaintiff to Dutchess for additional testing, where additional tests confirmed that Plaintiff had Hepatitis C. In July 1997, Plaintiff returned to Dutchess for additional evaluation, and the physicians told him that he must undergo a liver biopsy in order to receive treatment for his condition. (shrink)

Louis Brown discusses the mission of sharing the healing love of Christ, particularly in health care. He investigates how doing so requires that we respect the rights to life, conscience, and religious freedom as the foundations for human dignity in our health care system.

A persistent paradox apparently infects disability civil rights claims. On the one hand, these rights claims are often understood to apply only to those who are sufficiently impaired in body or in mind to qualify for them because of the disadvantage they endure. On the other hand, asserting significant impairments threatens to undermine the plausibility of these claims as civil rights rather than as welfare for those who are dependent and in need of extra help. (...) Behind this paradox lies a type of categorical understanding of disability civil rights: that disability civil rights are only for those who fall into a category of disability and that this category should be defined in a particular way, in terms of disadvantaging disablement. In this article, I dispel this paradox by deploying a critical analysis of Elizabeth Barnes’s account of physical disability in her recent book, The Minority Body. In her book, Barnes makes the important critical point that disability is not “bad” difference. Instead, she argues that physical disability is a physical condition that the disability rights community is working to promote justice for. I argue that this account fails as a project of ameliorative social metaphysics because it fails to understand the role of impairment in the construction of disability antidiscrimination law. I also argue that her account risks privileging physical disability and is thus problematic as a starting place for examining disability justice. (shrink)

In this article we investigate how Latino immigrant farmers in the Mid-Atlantic region of the United States navigate United States Department of Agriculture programs, which necessitate standardizing farming practices and an acceptance of bureaucracy for participation. We show how Latino immigrant farmers’ agrarian norms and practices are at odds with the state’s requirement for agrarian standardization. This interview-based study builds on existing historical analyses of farmers of color in the United States, and the ways in which their farming practices and (...) racialized identities are often unseen by and illegible to the state. This disjuncture leads to the increased racial exclusion of immigrant farmers from USDA opportunities. Such exclusions impede the transition to a “new era of civil rights,” as has been proclaimed by USDA leadership. Although efforts to address institutionalized racism on a national level may be genuine, they have failed to acknowledge this schism between rural Latino immigrants and the state, thereby inhibiting a meaningful transition in the fields, and continuing a legacy of unequal access to agrarian opportunities for non-white immigrant farmers. (shrink)

The Constitutional State, in its initial configuration as a liberal Constitutional State, recognised a series of basic individual rights as fundamental rights. Subsequently, in the second half of the 20 th century, social, economic and cultural rights were integrated into the Constitution, creating the social Constitutional State. However, although said group of rights are always mentioned as a compact group, or a package of rights, in fact the second recognition only took place, in the strictest (...) sense, with respect of social and economic rights, and, to a much lesser degree, in respect of cultural rights. Largely, the cultural rights are forgotten rights in the Constitutional State, but today our society is multicultural. This is a contradiction. The text provides the basis for a progressive recognition of cultural rights in the Constitutional State. Also, the text discusses the benefits for all if we consider these rights as rights of the person, that is, as rights of all persons and not only of minorities. (shrink)

I.WhatVintage ofCivilRights?In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared (...) free, they are nonetheless denied their civil rights if they are unable to own property, to enter into contracts, to make wills, to give evidence, and to sue (and be sued) in courts. With all these civil rights claims, the target of the individual grievance is the state; it has denied large classes of individuals the formal capacities that it recognized and protected in others. The Civil War was fought largely over slavery. In its aftermath, civil rights claims protecting individual capacity received explicit, if imperfect, statutory and constitutional protection. The postbellum protections didnotguarantee these rights in absolute fashion – that is, in a way that would not be susceptible to abridgment under any circumstances. Instead, civil rights were protected in what might be called a relative fashion: whatever rights of this sort were enjoyed by white citizens were to be enjoyed by the newly freed black citizens as well. (shrink)

The U.S. Civil Rights Movement (CRM) is a relevant K-6 topic to learn foundational concepts of social justice and participatory citizenship. Year after year, though, U.S. elementary school lessons typically focus on a Martin Luther King, Jr.-Rosa Parks centered narrative, adapted for character education. This qualitative inquiry invited 66 pre-service teachers to explore social justice education embedded at the core of existing K-6 historical topics. Examining pre-service teachers' knowledge, beliefs, and what and how they plan to teach their (...) future students revealed dated educational philosophies. They held limited content knowledge and sociopolitical critical thinking needed to teach the CRM's civic significance and were conflicted by wanting to both empower students and withhold information. This study describes actions designed to model replicable, justice-oriented lessons and help K-6 pre-service teachers reflect on pedagogical choices and ideologies they adopt. It also calls attention to the challenges of K-6 teacher education and school reform when teachers lack content knowledge and political/cultural awareness. (shrink)

Genetic knowledge is a civil right and a civil obligation. New genetic knowledge in individual health risk prediction and prevention and new pharmacogenetic opportunities for developing more efficacious individualized drugs broaden human and civil rights for better health and health care. Public health policy has yet to develop and provide programs in genetic information and consultation together with other health risk information and health literacy education. Data availability and genetic knowledge will make citizens more competent partners (...) in health risk management. As with all information, abuse and manipulation of genetic information cannot be excluded; but health education as an essential part of public health services will empower citizens to better care for their own and their families health. Existing cultural and ethical principles, laws and regulations need to be reviewed and modified in order to prevent and fight illegal or immoral use of genetic information. The promotion of genetic knowledge allows for a new model of social contract as health care contract between citizens, health care experts, and society. (shrink)

In accordance with environmental injustice, sometimes called environmental racism, minority communities are disproportionately subjected to a higher level of environmental risk than other segments of society. Growing concern over unequal environmental risk and mounting evidence of both racial and economic injustices have led to a grass-roots civil rights campaign called the environmental justice movement. The environmental ethics aspects of environmental injustice challenge narrow utilitarian views and promote Kantian rights and obligations. Nevertheless, an environmentaljustice value exists in all (...) ethical world views, although it involves a concept of equitable distribution of environmental protection that has been lacking in environmental ethics discussion. (shrink)

More than two decades after the passage of the Civil Rights Act of 1964, the issues of racial discrimination and affirmative action are still matters of controversy. The fragile national consensus on civil rights policy has been increasingly fragmented by resistance and confusion in recent years, especially under the impact of the Reagan administration's efforts to change its direction dramatically. Similarly, since the mid-1960s, the women's rights movement has worked to end discrimination and bring about (...) greater equality for women in employment and public life. Yet, recent years have witnessed increased national ambivalence about these goals and how they should be achieved, especially on the issue of comparable worth. (shrink)

Hugh Murray's comments on the civil rights movement recall Marge Schott's badly received observations on the Nazi regime. Murray is also describing something that turned out badly but which he insists began well. Contrary to Murray and Dinesh D'Souza, whose book he reviews, the continuities of the Civil Rights Movement and affirmative action policies are more significant than its alleged turning points. Affirmative action as a practice goes back to the last year of the Johnson administration, (...) but some civil rights leaders supported it before. As early as 1965, Martin Luther King, Jr., whom D'Souza elevates to a cultic figure, advocated the preferential treatment of blacks under a vastly expanded state apparatus. (shrink)