False Tree Of Liberty

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

The book is an intellectual analysis of the political ideas of English radical thinker Thomas Spence (1750–1814), who was renowned for his "Plan", a proposal for the abolition of private landownership and the replacement of state institutions with a decentralized parochial organization. This system would be realized by means of the revolution of the "swinish multitude", the poor labouring class despised by Edmund Burke and adopted by Spence as his privileged political interlocutor. While he has long been considered an eccentric and anachronistic figure, the book sets out to demonstrate that Spence was a deeply original, thoroughly modern thinker, who translated his themes into a popular language addressing the multitude and publicized his Plan through chapbooks, tokens, and songs. The book is therefore a history of Spence's political thought "from below", designed to decode the subtle complexity of his Plan. It also shows that the Plan featured an excoriating critique of colonialism and slavery as well as a project of global emancipation. By virtue of its transnational scope, the Plan made landfall in the British West Indies a few years after Spence's death. Indeed, Spencean ideas were intellectually implicated in the largest slave revolt in the history of Barbados.

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

A definitive history of ideas about land redistribution, allied political movements, and their varied consequences around the world "An epic work of breathtaking scope and moral power, The Long Land War offers the definitive account of the rise and fall of land rights around the world over the last 150 years."--Matthew Desmond, Pulitzer Prize-winning author of Evicted: Poverty and Profit in the American City Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered "land reform" policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974. The Long Land War provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet.