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Rights Claiming in South Korea

Editat de Celeste L. Arrington, Patricia Goedde
en Limba Engleză Paperback – 25 mai 2022
Although rights-based claims are diversifying and opportunities and resources for claims-making have improved, obtaining rights protections and catalysing social change in South Korea remain challenging processes. This volume examines how different groups in South Korea have defined and articulated grievances and mobilized to remedy them. It explores developments in the institutional contexts within which rights claiming occurs and in the sources of support available for utilizing different claims-making channels. Drawing on scores of original interviews, readings of court rulings and statutes, primary archival and digital sources, and interpretive analysis of news media coverage in Korean, this volume illuminates rights in action. The chapters uncover conflicts over contending rights claims, expose disparities between theory and practice in the law, trace interconnections among rights-based movements, and map emerging trends in the use of rights language. Case studies examine the rights of women, workers, people with disabilities, migrants, and sexual minorities.
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Specificații

ISBN-13: 9781108810340
ISBN-10: 1108810349
Pagini: 360
Dimensiuni: 152 x 229 x 19 mm
Greutate: 0.49 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

Introduction: rights in action Patricia Goedde and Celeste L. Arrington; Part I. Rights in Historical Perspective: 1. Legal disputes, women's legal voice, and petitioning rights in late Joseon Korea Jisoo M. Kim; 2. Defying claims of legal incompetence: women's lawsuits over separate property rights in colonial Korea Sungyun Lim; 3. 'Equal' second-class citizens: post-colonial democracy and women's rights in post-liberation South Korea Eunkyung Kim; Part II. Institutional Mechanisms for Rights Claiming: 4. A clash of claims: the diversity and effectiveness of rights claims around the Jeju 4.3 events Hun Joon Kim; 5. Advancing human rights, advancing a nation: becoming a Seonjinguk via the national human rights commission of Korea Soo-Young Hwang; 6. The constitutional court as a facilitator of fundamental rights claiming in Korea, 1988–2018 Hannes B. Mosler; 7. Rights claiming through the courts: changing legal opportunity structures in South Korea Celeste L. Arrington; 8. Public interest lawyering in South Korea: trends in institutional development Patricia Goedde; Part III. Mobilizing Rights for the marginalized: 9. From 'we are not machines, we are humans' to 'we are workers, we want to work': the changing notion of labour rights in Korea, the 1980s-the 2000s Yoonkyung Lee; 10. From invisible beneficiaries to independent rights-holders: how the disability rights movement changed the law and Korean society JaeWon Kim; 11. The politics of postponement and sexual minority rights in South Korea Ju Hui Judy Han; 12. Discovering diversity: the anti-discrimination legislation movement in South Korea Jihye Kim and Sung Soo Hong; Part IV. Shaping Rights for New and Non-citizens: 13. The rights of non-citizenship: migrant rights and hierarchies in South Korea Erin Aeran Chung; 14. Claiming citizenship: rights claiming and recognition for North Koreans entering South Korea Sheena Chestnut Greitens; Conclusion: findings and future directions Celeste L. Arrington and Patricia Goedde; Index.

Recenzii

'Rights Claiming in South Korea is a rich, timely, and theoretically significant contribution to the sociolegal scholarship on rights mobilization. With an elegant combination of historical and contemporary studies, the book offers not only an in-depth inquiry into how legal rights are constructed and contested in South Korea, but also a rigorous and insightful engagement with the comparative studies on rights mobilization in East Asia and beyond.' Sida Liu, University of Toronto
'Rights Claiming in South Korea offers a comprehensive account of the historical roots of rights, institutional formations, and contemporary contestation over rights. Bringing together a truly interdisciplinary group of scholars, the book illuminates how rights discourses and associated legal and political infrastructures have transformed citizenship and mobilization in Korea. This book will appeal to readers interested in law and society, social movements, minority rights, and politics in Korea and beyond.' Hae Yeon Choo, Associate Professor, University of Toronto
'In this insightful new volume, Celeste Arrington and Patricia Goedde lead a cross-disciplinary team of scholars to unpack how rights have been defined, mobilized, and contested by diverse groups in Korea from the nineteenth century to present. Rights Claiming in South Korea truly represents the best of interdisciplinary research and comes at a moment when the demand for rights on the streets and in the courts have never been greater.' Andrew Yeo, Professor of Politics and Director of Asian Studies, The Catholic University of America

Descriere

An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.