Products related to Should:
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Out Law : What LGBT Youth Should Know about Their Legal Rights
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Should Animals Have Political Rights?
All political communities must make decisions about how to regulate the treatment of animals.Most states currently protect animals through outlawing the infliction of ‘unnecessary suffering’.But do animals’ rights end there? In this book, Alasdair Cochrane argues that states must go much further.Animals have rights to be protected not only from the cruelty of individuals, but also from those structures and institutions which routinely (and, in some cases, necessarily) cause them harm, such as industrialised animal agriculture. But even that isn’t adequate. In order to ensure that their interests are taken seriously, it is imperative that we represent their interests throughout the political process – they require not only rights to protection, but also to democratic membership. Cochrane’s important intervention in this controversial debate will be essential reading for anyone interested in the intersection of political theory and animal rights.
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Debating Multiculturalism : Should There be Minority Rights?
Multiculturalism has become a political touchstone in many countries around the world.While many of those on the right oppose it, and many of those on the left embrace it, things are not this simple.For those who defend them, multicultural policies are generally seen as key to the fair and successful integration of minorities, many of whom are immigrants, into diverse democratic societies.For those who oppose multiculturalism, who have become part of the so-called "backlash" against multiculturalism, they are charged with generating segregation rather than inclusion, undermining national cultures, reinforcing difference, and privileging minority groups.Around the world, we see failing attempts at migrant integration, persistent religious intolerance and racial and ethnic discrimination, resurgent national minorities, emboldened majorities, permanent minorities, continuing social isolation, and increasing extremism, including in the form of white nationalism.But is multiculturalism the solution to these problems or does it just make them worse?In this for-and-against book, two prominent scholars of multiculturalism put forward different answers to this important question.While Patti Tamara Lenard argues for minority rights as both the consequence of a right to culture and a way to redress the effects of nation-building, Peter Balint rejects minority rights altogether, instead arguing for a re-imagined liberal neutrality.This theoretical disagreement plays out in real-world policy disagreement.Lenard, for example, argues strongly in favor of exemptions from general rules for minority cultures including the right of Sikhs to be exempt from helmet laws, and for Jews and Muslims to be exempt from bans on male circumcision.She also defends the right of minority cultures to have government-supported separate spaces.Balint, on the other hand, argues directly against these types of exemptions and government support.He is opposed to any form of differentiation based on culture, religion, or ethnicity.The book uses a wide range of real-world examples to demonstrate their significant theoretical disagreement, and to recommend very different policy proposals.
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The Social Constitution : Embedding Social Rights Through Legal Mobilization
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized.Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally.Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims.These interactions ultimately construct the content and strength of the constitutional order.Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation.This title is part of the Flip it Open Programme and may also be available Open Access.Check our website Cambridge Core for details.
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Should children's rights be included in the constitution? Pros and cons.
Children's rights should be included in the constitution to ensure that their fundamental rights are protected and upheld. This would provide a legal framework for safeguarding their well-being, education, and protection from exploitation. However, some may argue that including children's rights in the constitution could lead to legal complexities and potential conflicts with parental rights. Additionally, there may be concerns about the enforceability and practical implementation of these rights. Nonetheless, the inclusion of children's rights in the constitution would signal a commitment to their welfare and ensure that their voices are heard in matters that affect them.
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Should the German rights of the Basic Law be reformulated?
The German rights of the Basic Law, which include fundamental rights such as freedom of speech, religion, and privacy, are fundamental to the country's democratic principles. Any reformulation of these rights should be approached with caution and only undertaken if it is necessary to better protect the rights and freedoms of all individuals. Any changes should be made with careful consideration of the potential impact on the balance of individual rights and the common good. It is important to involve a wide range of stakeholders, including legal experts, civil society organizations, and the public, in any discussions about reformulating the German rights of the Basic Law.
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Does property rights supersede the constitution?
Property rights are protected by the constitution, but they do not necessarily supersede it. The constitution provides a framework for protecting property rights, but it also balances those rights with the broader interests of society. In some cases, the government may have the authority to limit or regulate property rights in the interest of public welfare, as long as it does so within the bounds of the constitution. Therefore, while property rights are important and protected, they are not absolute and must be balanced with other constitutional principles.
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Should the constitution of the United States of America replace the German Basic Law?
The decision to replace the German Basic Law with the constitution of the United States of America is a complex and sensitive issue. Both documents have been shaped by the unique historical, cultural, and political contexts of their respective countries. While the US constitution has been a foundational document for over two centuries, the German Basic Law has played a crucial role in shaping the democratic institutions of post-war Germany. Ultimately, the decision to replace one constitution with another should be made by the citizens of Germany through a democratic process, taking into account the specific needs and values of their society.
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The Human Rights-Based Approach to Higher Education : Why Human Rights Norms Should Guide Higher Education Law and Policy
A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976.Yet the world has changed significantly since the ICESCR was drafted.State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold.This model has been criticized, particularly because it generally reinforces social inequality.At the same time, attaining higher education has become more important than ever before.Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances.This book seeks to determine: Is there still a place for the human right to higher education in the current international context?In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach.In the process, it contributes to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning.This understanding should enable the development of more improved, sophisticated, and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach.In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.
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What Climate Justice Means And Why We Should Care
We owe it to our fellow humans – and other species – to save them from the catastrophic harm caused by climate change. Philosopher Elizabeth Cripps approaches climate justice not just as an abstract idea but as something that should motivate us all.Using clear reasoning and poignant examples, starting from irrefutable science and uncontroversial moral rules, she explores our obligations to each other and to the non-human world, unravels the legacy of colonialism and entrenched racism, and makes the case for immediate action. The second half of the book looks at solutions. Who should pay the bill for climate action? Who must have a say? How can we hold multinational companies, organisations – even nations – to account? Cripps argues powerfully that climate justice goes beyond political polarization.Climate activism is a moral duty, not a political choice.
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Should Trees Have Standing? : Law, Morality, and the Environment
Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S.Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D.Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole.At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights.For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement.This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.
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Central Issues in Jurisprudence : Justice, Law and Rights
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence.The work enables students to read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues.Combining lucid exposition with commentary, the author provides a penetrating analysis of each theory examined, and a deep understanding of the problems addressed.
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Why is the German constitution called Basic Law and not Constitution?
The German constitution is called Basic Law (Grundgesetz) because it was initially intended to be a temporary document, serving as a provisional constitution for West Germany after World War II. The framers of the Basic Law did not want to give the impression that it was a permanent constitution, as they hoped for eventual reunification with East Germany and the creation of a new, unified constitution. However, as reunification did not occur until 1990, the Basic Law has continued to serve as the constitution for the unified Germany, despite its original temporary nature.
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Why are fundamental rights enshrined in the constitution?
Fundamental rights are enshrined in the constitution to protect the individual liberties and freedoms of citizens from government infringement. By explicitly outlining these rights in the constitution, it ensures that they are legally protected and cannot be easily taken away. This helps to uphold the rule of law, promote equality, and provide a framework for a just and democratic society. Additionally, enshrining fundamental rights in the constitution serves as a safeguard against potential abuses of power by the government.
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'In which constitution did one have more rights?'
The United States Constitution provides more rights to its citizens compared to the Confederate Constitution. The U.S. Constitution includes the Bill of Rights, which guarantees fundamental rights such as freedom of speech, religion, and the press, as well as the right to a fair trial and protection against cruel and unusual punishment. In contrast, the Confederate Constitution did not have a similar bill of rights and instead emphasized the rights of states to maintain slavery and secede from the Union. Therefore, the U.S. Constitution provided more rights to its citizens than the Confederate Constitution.
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Which fundamental rights are enshrined in the constitution?
The fundamental rights enshrined in the constitution typically include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. These rights are considered essential for the overall development and well-being of individuals and are protected by the constitution to ensure that every citizen is treated fairly and has the opportunity to live a dignified life. These rights form the foundation of a democratic society and are crucial for upholding the principles of justice, liberty, and equality.
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