What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse.

This book takes a distinctive and innovative approach to a relatively under-explored question, namely: Why do we have human rights? Much political discourse simply proceeds from the idea that humans have rights because they are human without seriously interrogating this notion. Egalitarian Rights Recognition offers an account of how human rights are created and how they may be seen to be legitimate: rights are created through social recognition. By combining readings of 19th Century English philosopher T.H. Green with 20th Century political theorist Hannah Arendt, the author constructs a new theory of the social recognition of rights. He challenges both the standard ‘natural rights’ approach and also the main accounts of the social recognition of rights which tend to portray social recognition as settled norms or established ways of acting. In contrast, Hann puts forward a 10-point account of the dynamic and contingent social recognition of human rights, which emphasises the importance of meaningful socio-economic equality.

In Race, Rights, and Recognition, Dean J. Franco explores the work of recent Jewish American writers, many of whom have taken unpopular stances on social issues, distancing themselves from the politics and public practice of multiculturalism. While these writers explore the same themes of group-based rights and recognition that preoccupy Latino, African American, and Native American writers, they are generally suspicious of group identities and are more likely to adopt postmodern distancing techniques than to presume to speak for "their people." Ranging from Philip Roth's scandalous 1969 novel Portnoy's Complaint to Gary Shteyngart's Absurdistan in 2006, the literature Franco examines in this book is at once critical of and deeply invested in the problems of race and the rise of multicultural philosophies and policies in America. Franco argues that from the formative years of multiculturalism (1965-1975), Jewish writers probed the ethics and not just the politics of civil rights and cultural recognition; this perspective arose from a stance of keen awareness of the limits and possibilities of consensus-based civil and human rights. Contemporary Jewish writers are now responding to global problems of cultural conflict and pluralism and thinking through the challenges and responsibilities of cosmopolitanism. Indeed, if the United States is now correctly-if cautiously-identifying itself as a post-ethnic nation, it may be said that Jewish writing has been well ahead of the curve in imagining what a post-ethnic future might look like and in critiquing the social conventions of race and ethnicity.

Race, Recognition and Retribution in Contemporary Youth Justice provides a cross-national, sociohistorical investigation of the legacy of racial discrimination, which informs contemporary youth justice practice in Canada and England. The book links racial disparities in youth justice, especially exclusion from ideologies of care and notions of future citizenship, with historical practices of exclusion. Despite the logic of care found in both rehabilitative and retributive forms of youth justice, Black inner-city youth remain excluded from lenience and social welfare considerations. This exclusion reflects a historical legacy of racial discrimination apparent in the harsher sanctions levied against Black, innercity youth. In exploring race’s role in this arrangement, the book asks: To what extent were Black youth excluded from historic considerations of the lenience and social care, built into the logic of youth justice in England and Canada? To what extent are the disproportionately high incarceration rates, for Black, inner-city youth in the contemporary system, a reflection of a historic exclusion from considerations of lenience and social care? How might contemporary justice efforts be reoriented to explicitly prioritize considerations of lenience and social care ahead of penalty for Black, inner-city youth? Examining the entrenched structural continuities of racial discrimination, the book draws on archival and interview data, with interviewees including professionals who work with inner-city youth. In concert with the archival and interview data, the book offers the intractability/malleability I/M thesis, an integrated social theoretical logic with the capacity to expand the customary analytical scope for understanding the contemporary entrenched normalization of racialized youth as punishable. The aim is to advance a historicized account, exploring youth’s positioning as constitutive of a continuity of racialized peoples’, in general, and youth’s, in particular, historic exclusion from the benefits of modern rights, including lenience and care. The I/M logic takes its analytical currency from a combined critical race theory (CRT) and recognition theory. The book argues that a truly progressive era of youth justice necessitates cultivating policy and practice which explicitly prioritizes considerations of lenience and social care, ahead of reliance on penalty. This multidisciplinary book is valuable reading for academics and students researching criminology, sociology, politics, anthropology, critical race studies, and history. It will also appeal to practitioners in the field of youth justice, policymakers, and third-sector organizations.

The Oxford Handbook of Philosophy and Race provides up-to-date explanation and analyses by leading scholars in African American philosophy and philosophy of race. Fifty-one original essays cover major topics from intellectual history to contemporary social controversies in this emerging philosophical subfield that supports demographic inclusion and emphasizes cultural relevance.

Every academic discipline has an origin story complicit with white supremacy. Racial hierarchy and colonialism structured the very foundations of most disciplines’ research and teaching paradigms. In the early twentieth century, the academy faced rising opposition and correction, evident in the intervention of scholars including W. E. B. Du Bois, Zora Neale Hurston, Carter G. Woodson, and others. By the mid-twentieth century, education itself became a center in the struggle for social justice. Scholars mounted insurgent efforts to discredit some of the most odious intellectual defenses of white supremacy in academia, but the disciplines and their keepers remained unwilling to interrogate many of the racist foundations of their fields, instead embracing a framework of racial colorblindness as their default position. This book challenges scholars and students to see race again. Examining the racial histories and colorblindness in fields as diverse as social psychology, the law, musicology, literary studies, sociology, and gender studies, Seeing Race Again documents the profoundly contradictory role of the academy in constructing, naturalizing, and reproducing racial hierarchy. It shows how colorblindness compromises the capacity of disciplines to effectively respond to the wide set of contemporary political, economic, and social crises marking public life today.

Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.

This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

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