Nicholas Bamforth - Böcker

Discrimination due to gender and sexual orientation tends nowadays to be prohibited under international human rights instruments, as well as under the national laws of many countries that express their commitment to defending human rights. Nonetheless, as the work of Amnesty International has shown, violence against women (whatever their sexual orientation), gay men, trans-gendered and transsexual persons remains an appallingly constant phenomenon, both in countries that have an official commitment to fighting these forms of discrimination and in those that do not. Violence is inflicted by private actors as well as - in many countries - by state officials, and is often justified by reference to local customs and moral values. These essays, based on the 2002 Oxford Amnesty Lectures, seek to explore some of the inter-connections between human rights, gender, and sexuality. Many difficult questions are considered. How do we understand and categorize human rights abuses related to a person's sex or sexual orientation, for example? Are these distinctive types of abuse, or are they both examples of the social enforcement of 'traditional' gender roles? Does their inclusion within the remit of human rights abuses require us to refine what we mean by human rights? What weight, if any, should be given to demands made in the name of particular religious and cultural traditions which seek to restrict the rights of women and sexual minority groups? What role does the law have to play in combating these types of discrimination? And how far have we come, and how far have we left to go, in the quest for a world in which discrimination based on sex and sexual orientation is a thing of the past? The essays in this collection - written by internationally distinguished authors from a wide variety of disciplines - are united in their belief that it is a serious human rights violation unjustly to penalize people because of their sex or sexual orientation. However, they adopt a wide variety of approaches to their subject-matter, and tackle the questions raised in very different ways. In consequence, they make important contributions to academic and practical debates about human rights, gender and sexuality.The Oxford Amnesty Lectures is an internationally renowned lecture series that seeks to promote discussion about human rights, whether in theory or in practice.

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.