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Stewart Cunningham 《International Journal for the Semiotics of Law》2016,29(1):45-65
The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform. 相似文献
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Sally Engle Merry 《Law & social inquiry》2016,41(2):465-470
Mark Fathi, Massoud . 2013 . Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan . Cambridge University Press. Pp. xxii + 265. $109.99 cloth, $34.99 paper. Does the rule of law guarantee peace and democracy, as so many people in the development and governance field believe? What are the historical and sociocultural conditions that shape the way rule of law mechanisms work in practice? Mark Massoud's monograph tracing the changing dimensions of the rule of law in Sudan from its colonial period to the present offers an important perspective on these questions, casting doubt on the simple argument that the rule of law produces democracy and peace. Instead, he shows how colonial and authoritarian rulers used the rule of law to consolidate power and legitimate their rule. In Law's Fragile State: Colonial, Authoritarian, and Humanitarian Legacies in Sudan, Massoud develops the concept of legal politics, arguing that the way the rule of law works varies with the political system in which it is embedded. He concludes that the forms of legal politics that reinforce the power and authority of legal institutions are more likely to sustain an authoritarian state than to bring democratic rule. His analysis is a valuable caution to those who promote the rule of law as the salvation for all. Taking a sociolegal perspective, he shows how it works in practice. 相似文献
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The Journal of Technology Transfer - 相似文献
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Sally Atkinson-Sheppard 《Asian Journal of Criminology》2017,12(4):235-253
This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed. 相似文献
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For the past twenty‐five years Australia's bilateral relationship with India has been typified by an ongoing process of “rediscovery”, irrespective of whether Labor or Liberal administrations have steered foreign policy. This article explores the reasons why this might be the case by analysing Australia's foreign policy approaches to India spanning the period 1983 to 2011. It interrogates various Labor and Liberal strategies that have been mobilised to “reinvigorate” the relationship and searches for reasons why they have only been partially successful in strengthening Australia's rapport with India. The authors draw upon discussions with strategic affairs editors of India's major daily newspapers and current affairs journals to gain insights into Indian impressions of Australia from a political and foreign policy perspective. 相似文献
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George B. Cunningham 《Social Justice Research》2010,23(1):60-76
The purpose of this study was to examine the influence of religious dissimilarity and religious personal identity on one’s
job satisfaction. Data were collected from 260 top managers. Structural equation modeling indicated that religious dissimilarity
positively affected perceived value dissimilarity from others, which in turn, held a negative association with job satisfaction.
These effects were qualified, however, by a significant religious dissimilarity × religious personal identity interaction
such that, for persons whose religious beliefs were a central part of who they were, being religiously different from others
in the workplace strongly impacted their perceived value dissimilarity. Research contributions and practical implications
are discussed. 相似文献