Ambiguous and Interminable Emancipation

Author(s):  
David Sorkin

This introductory chapter provides a background of the Jews' “emancipation and civil rights.” The very term “emancipation” came to be widely applied to Jews after “Catholic emancipation” in England (1829). Thus, “Jewish emancipation” concerns first and foremost the Jews' inclusion, elevation, or equalization as a distinct religious group. Only in the twentieth century did emancipation come to designate alterations in the Jews' status as a “nation” or a “race.” The book analyzes the complex and multidirectional process whereby Jews acquired civil and political rights and came to exercise citizenship's prerogatives. Once one realizes that emancipation is an interminable process that is an integral aspect of Jews' contemporary experience, one is forced to acknowledge that there are in fact no settled answers to the most pressing political and indeed existential issues of Jewish life. Neither the establishment of the State of Israel nor the flourishing of American Jewry let alone the rebuilding of Jewish life in Europe has definitively answered emancipation's challenges. The larger struggle for political equality and the full exercise of citizenship, for Jews, by Jews, and for other groups, remains pressing. The only thing one can confidently assert is that this struggle is inherently protean: it will be populated by ever new issues and causes, by proponents and opponents whose appearance and actions one cannot predict.

2003 ◽  
Vol 75 (9-10) ◽  
pp. 192-202
Author(s):  
Slobodan Beljanski

The author points out the differences in definitions of organized crime and the problems that may occur in application of provisions having undetermined or open contents. In the second part of the work the author analyses disharmony that exists between certain provisions of the amended law on organization and competence of state authorities in combat against organized crime with the constitution of the Republic of Serbia, the Constitutional charter, the Charter on Human and minority rights and civil rights, the International Covenant on civil and political rights and the Convention against torture and other severe, inhuman or degrading sentences or procedures.


Author(s):  
Joseph P. Reidy

The defeat of the Confederacy destroyed slavery and the slaveholders' quest for an independent nation. The Freedmen's Bureau, established by Congress weeks before the surrender, aimed to construct a system of compensated labor on the ruins of slavery and to identify and protect the rights that freed people needed to function in the new world of freedom. They encountered strong opposition from former slaveholders, which President Andrew Johnson's lenient reconstruction policy appeared to encourage. When Radical Republicans gained the upper hand, they enacted sweeping legislation designed to reconstruct the seceded states on the principle of racial democracy (the Reconstruction Acts) and to safeguard black Americans' civil and political rights (a Civil Rights Act and the Thirteenth, Fourteenth, and Fifteenth Amendments). But by failing to legislate a redistribution of Southern land, the Radicals squelched the freed people's most cherished hope for economic advancement. Although this and other setbacks-including the violent overthrow of Radical Reconstruction in 1876-dampened hopes, the quest for freedom and equality endured.


Author(s):  
Fabiancha Embun Balqis

The purpose of this study is to describe how the Civil and Political Rights of the Transpuan group in Pangkalpinang City fulfill the Civil and Political Rights and to describe the efforts made by the group in fighting for civil and political rights as citizens. The primary data sources used were observations and in-depth interviews with Transpuan in Pangkalpinang City regarding the class struggle of the Transpuan group in Pangkalpinang City as marginal groups. At the same time, the secondary data are books, journals, theses from previous research, and internet sources relevant and related to the research focus. The research subjects who will be informants are Transpuan in Pangkalpinang City, Transpuan from Pangkalpinang City and its surroundings, and Transpuan from outside the Bangka Belitung Islands Province. The results of this study state that the fulfillment of the civil rights of Transpuan in Pangkalpinang City by the government has not been fully implemented.


2012 ◽  
Vol 11 (2) ◽  
pp. 135-150 ◽  
Author(s):  
Marc H. Ellis

Increasingly the discussion of Israel/Palestine is moving toward a one-state configuration, redressing the injustice experienced by the Palestinians in the creation of the state of Israel and its ongoing expansion that increasingly limits Palestinian life and a possible future beyond an apartheid-like reality. As well, the discussion is framed with the context of universal human and political rights. This makes sense. Yet the erasure of particularity in this discussion is troubling. Certainly one way of looking at the history and future of Israel/Palestine is to note and understand the particular communities involved. This essay seeks to address Jewish particularity, especially in light of the prophetic. In the context of Jewish life – in the crisis of Israel/Palestine – how are Jews called upon to respond?


Author(s):  
Zulfirman Zulfirman

Pasal 11 Kovenan Internasional Hak Sipil dan Hak Politik mewajibkan negara untuk menghormati, melindungi dan menegakkan hubungan kontraktual sebagai hak asasi manusia di Indonesia. Bagaimana kebijakan negara melindungi, menghormati dan menegakan hubungan kontraktual sebagai hak asasi manusia di Indonesia. Penelitian ini menggunakan data sekunder terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier. Data diperoleh melalui studi kepustakaan. Penelitian melalui pendekatan filosifis yuridis normatif. Data dianalisis secara kualitatif dengan metode penafsiran untuk menemukan nilai dasar atas hubungan kontraktual sebagai hak sipil bagian dari hak asasi manusia di Indonesia yang dijadikan dasar dalam penegakan hukum. Hubungan kontraktual sebagai hak sipil sudah diatur dalam Kitab Undang Undang Hukum Perdata sebelum diratifikasinya kovenan Internasional hak sipil dan hak politik. Negara Indonesia tidak konsekuen melaksanakan kovenan internasional hak sipil dan hak politik dengan memberi sanksi pidana kepada pelaku yang tidak memenuhi kewajiban kontraktualnya. Perlu dilakukan reposisi peran dan fungsi negara untuk perlindungan hak sipil sebagai kebijakan politik dalam pembentukan hukum dan penegakan hukum di masa datang.<p>Article 11 of the International Covenant on Civil and Political Rights requires states to respect, protect and enforce contractual relations as human rights in Indonesia. How state policy to protect, respect and uphold the contractual relationship as human rights in Indonesia. This study uses secondary data consists of primary legal materials,secondary and tertiary legal materials. The data obtained through the study of literature. Research through juridical normative and philosophical approach. Data were analyzed qualitatively by using interpretative method to find the value of the basic civil rights of a contractual relationship as part of human rights in Indonesia were used as a basis for law enforcement. Contractual relationship as a civil rights set out in the draft of Civil Code before the ratification of the International Covenant on civil and political rights. Indonesian state does not consistently implement the international covenant of civil rights and political rights proved to sanction the perpetrators who did not fulfill its contractual obligations. Necessary to reposition the role and function of the state for the protection of civil rights as a political policy formation and law enforcement in the future.</p>


1940 ◽  
Vol 34 (2) ◽  
pp. 295-300 ◽  
Author(s):  
Everett S. Brown

Although much has been written on the general subject of the President's pardoning power, there is still considerable confusion concerning the use of that power for the restoration of civil and political rights to persons who have been deprived of them as a punishment for crime. Particular questions frequently raised are: What rights are lost? How are they lost? How may they be restored? That the issue is a live one is supported by the fact that in the year 1938 no fewer than 203 pardons were granted by the President to restore civil rights.The confusion on the subject is due in large measure to the complexities of our federal form of government. This was clearly noted by Attorney-General Caleb Cushing in his opinion of July 9, 1856, in the case of Oliver Robbins of Sackett's Harbor, New York. Robbins was convicted in 1851, in the Circuit Court of the United States for the Northern District of New York, of an offense against federal law, and was sentenced to imprisonment in the penitentiary of New York. In 1852, he received from President Fillmore a general pardon.


Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.


2021 ◽  
pp. 561-585
Author(s):  
Lisa Moses Leff ◽  
Nathan A. Kurz

Jewish international aid is largely a modern phenomenon in which Jews reach out in solidarity to offer aid to their brethren suffering elsewhere in the diaspora. The flow of aid has, with few exceptions, travelled from West to East, with highly assimilated Jews in Europe and the United States leading the charge. The form of activism they developed has roots in Jewish traditions, but is also inspired by traditions of secular humanitarianism shared with non-Jews across the West, including the imperial “civilizing mission.” In the nineteenth century, Jewish international activists sought to transform the lives of Jews through education and campaigns for greater civil and political rights, and often worked through states. In the first half of the twentieth century, Jewish internationalism blossomed, as dedicated institutions with professional staff used diplomacy, social work, and modern finance to address the needs of millions of Jews. Although the results of such aid have been mixed, it is clear that Jewish internationalism has transformed relations among the Jews of the diaspora.


Author(s):  
Clooney Amal ◽  
Webb Philippa

This introductory chapter provides an overview of the right to a fair trial. An unfair trial can be devastating to an individual defendant—removing their liberty, destroying their reputation, even taking away their life. Unfair trials are also damaging to entire societies as they are used to undermine democracy and oppress minorities. As such, the right to a fair trial is one of the most fundamental components of human rights. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) is the starting point and organising principle of the right to a fair trial, but the scope and content of the right is not always easy to discern given the multitude of international-law sources that define it. Understanding the right to a fair trial may require reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also the preparatory work of the treaty and the circumstances of its conclusion.


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