(The) Erasure – Mass Human Rights Violation and Denial of Responsibility: The Case of Independent Slovenia

The case of the erased residents of Slovenia – when approximately 18,000 people who were mostly of Serbian, Croatian and Bosnian ethnicity, were erased from the permanent residence registry of the Republic of Slovenia – represents one of the most severe cases of administrative ethnic/racial discrimination and human rights violations in the post-communist East and Central Europe outside the conflict area. The erasure caused “civil death” of the people who were affected by the measure, depriving them of civil, political, social, and economic rights. In 2007, 4 years after the 2003 Constitutional Court decision, declaring the 1992 erasure an unconstitutional act of the state and requiring the legislator to adopt measures to reinstate the statuses of the erased people, the problem remains unsolved and unaddressed both systemically and individually, and the situation of erasure persists. This article presents the case and analyses of the framework that made the erasure possible in terms of the preparation of the majority of Slovenes to accept and even support the violations and politicians to renounce their political responsibility to those who have lost the right to have rights. This article is based on the insights of the research project Contemporary Citizenship: Politics of Inclusion and Exclusion (2000–2003) led by Vlasta Jalušič. The analysis of the case of erased was published in Jasminka Dedić, Vlasta Jalušič, and Jelka Zorn (eds.), The Erased: Organized Innocence and the Politics of Exclusion, translated from Slovenian by Olga Vuković and Marjana Karer (Ljubljana: Peace Institute, 2003), at . The authors wish to thank the anonymous reviewer for the extensive and most helpful comments.

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Levi’s Auschwitz and Dante’s Hell

On reading Primo Levi’s Holocaust memoir If This is a Man, one is immediately struck by its literary quality, and especially its generous use of Dante’s Inferno, both of which point to the more general problem of Holocaust witnessing. This paper focuses on Levi’s reasons for using Dante’s poem in particular to communicate his experience. Levi’s choice of Inferno is pointed, not only because of the obvious trope of existence in Hell, but also because Levi conceived of Auschwitz as an experiment designed to destroy the “human,” created in part, at least in the West, by Dante’s poem. What I will be suggesting is that Levi emphasizes the distinctions between his and Dante’s experiences by including in his conversation with Dante’s Inferno (paradoxically) his rejection of that conversation. There may or may not be something “human” which persists after Auschwitz, and the only way to ask this question, without preconceiving an answer, is to dramatize silence. The resultant ambiguity urges readers to, as Levi puts it, “participate in” the events described and/or dramatized.

Human Rights,Intellectual Property,and Struggles for Recognition

This article examines recent controversies over the relationship between human rights and intellectual property rights (IPRs). Many activists have claimed that IPRs conflict with human rights. Others have argued that IPRs are themselves human rights. The article approaches the debate as an opportunity to clarify the nature of IPRs in relation to human rights, as well as the nature of contemporary struggles over these rights. After surveying the dual expansion of both human rights and IPRs and rejecting the view that IPRs are rooted in human rights, the author investigates the example of the HIV/AIDS crisis and the global Campaign for Access to Essential Medicines in order to illustrate attempts to represent IPRs as an outright threat to human rights. Highlighting the limitations of a human rights-based critique of IPRs, he concludes by proposing to study contemporary conflicts over IPRs and human rights as struggles for recognition and as struggles over the institutionalization of a transnational “recognition order.”

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The Incongruities of Grutter

This article scrutinizes the inconsistencies in the 2003 Grutter v. Bollinger Supreme Court decision which upheld the University of Michigan’s law school affirmative action policy. The decision, which now governs university admissions policies in all 50 states, ruled that “diversity” remains a compelling state interest that legally justifies discriminating between individuals on the basis of their race in determining college admissions. This article examines two incongruous justifications offered by the Grutter court in justification for their ruling: the “critical mass” justification and the no “undo harm” argument. Neither rationale is able to withstand careful, logical examination.

When Education Research Matters

The tangled relationship between education research and policy has received little serious scrutiny, even as paeans to “scientifically based research” and “evidence-based practice” have become a staple of education policymaking in recent years. For all the attention devoted to the 5-year-old Institute of Education Sciences, to No Child Left Behind’s call for “scientifically based research,” to professional interest in data-driven decision-making, and to the refinement of sophisticated analytic tools, little effort has gone into understanding how, when, or why research affects education policy. Instead, most discussion has focused on how to identify “best practices” or “scientifically based” methods and how to encourage classroom educators to use research findings. In this article, based on the new volume, When Research Matters: How Scholarship Influences Education Policy, Frederick M. Hess examines these questions.

Yahoo? Reining in the Wild West with the Alien Tort Claims Act

In the wake of globalisation, we have witnessed the rise of the transnational corporation—powerful, new players in an international human rights system ill-equipped to handle the challenge. Despite the best efforts of the United Nations, international treaties and human rights lawyers the world over, there is simply no mandatory international code of corporate conduct targeting human rights practices. Enter the Alien Tort Claims Act (ATCA), a once-obscure U.S. statute that provides a private cause of action for violations of international human rights law committed by governmental and non-governmental actors. This paper will examine recent ATCA jurisprudence, the landmark Unocal settlement, and the ATCA’s role in reining in Yahoo! Inc. for supplying evidence used to convict Chinese dissidents Wang Xiaoning and Shi Tao.

Symposium: Part I: Public Intellectuals Then and Now

The French political thinker Raymond Aron (1905–1983) provides the imitable model of the political philosopher as civic educator. Writing in an age of extreme ideological polarization, he aimed at a truly balanced approach to historical and political understanding. In a series of writings from the late 1930’s onward, Aron defended a principled middle way between Machiavellian cynicism and the “abstract moralism” so evident in the public engagement of modern intellectuals. Aron argued for the renewal of liberalism on the foundation of a broad-based “democratic conservatism” and displayed remarkable lucidity regarding the totalitarian temptation. This paper explores this distinctive notion of “democratic conservatism”—equally distant from revolutionary romanticism and reactionary nostalgia—that guided Aron’s public engagement over a fifty-year period and that was central to his idea of the political responsibility of intellectuals.

Islamists in the “Rainbow” Coalition

In the 1980s, Britain’s Labour Party promoted a system of race-relations that envisioned Britain as a collection of discrete cultures with equal status. This multicultural model for organizing society conflicted with traditional British notions of a unified national culture, with an assimilationist model of immigrant incorporation. Today, the Labour Party’s relationship with Islamists is sharply dividing Labour’s “rainbow” constituency. Whereas the horrific events of 9/11 and 7/7 have led many Labour leaders to replace its defense of multiculturalism with Tory-sounding calls for immigrant assimilation, other Labour leaders are working harder than ever to accommodate their Muslim constituents.

The Most Unique of all Unique Species

This article identifies the shortcomings of “orthodox neo-Darwinians” such as Richard Dawkins, George Williams and Daniel Dennett in their efforts to describe human nature and human pro-social behavior. As an alternative to the views of these thinkers, the efforts of Peter Richerson, Robert Boyd, and other “dual inheritance” theorists to describe the evolution of human nature are also characterized. It is argued that dual inheritance theorists have surpassed the orthodox neo-Darwinians in their explanations for very important and uniquely human features such as our extensive sociability, complex cumulative culture and morality.

Strategy of Chinese policy entrepreneurs in the third sector: challenges of “Technical Infeasibility”

Studies of policy entrepreneurs have become a staple of public policy research. Very few such studies deal with the circumstances of China. This paper aims to remedy this oversight by exploring the mechanisms of policy change in China. Using John Kingdon’s Multiple Streams (MS) Model, the author develops the “Technical Infeasibility Model.” The paper tests the MS model’s applicability to China by examining strategies put forth by Chinese policy entrepreneurs in the third sector. It considers how they may successfully promote change by using a strategy of proposing a relatively radical policy concept that is politically acceptable and technically infeasible to policy makers. To illustrate such a strategy, this paper considers a case of policy change involving Chinese urban vagrants. The policy on “Detention and Repatriation,” which was first implemented in 1982, was challenged following the Sun Zhigang Incident in March 2003. Shortly thereafter law scholars filed two suggestion letters to the National People’s Congress Standing Committee calling for a constitutionality review of the Detention and Repatriation System. Though it was “technically infeasible” to air such a proposal in China at that time, the State Council initiated action to abolish certain provisions of the Detention and Repatriation System. However, the National People’s Congress Standing Committee did not conduct a constitutionality review.

Has Television Personalized Voting Behavior?

Scholars and political observers have suggested that television has “personalized” voting behavior in American presidential elections by encouraging citizens to cast ballots on the basis of candidate image and personality. Though an oft-heard assertion, little solid evidence exists that this is true, and the reinvigoration of partisanship and the persistence of ideological conflict suggest personalization may be less pervasive than supposed. In this paper, I use National Election Studies data to examine whether voters are more concerned with candidates’ personal characteristics now than they were at the outset of the television era. I find, however, that voters are no more likely today to mention candidate personality as a reason for their vote choice than they were in the 1950s and 1960s. Moreover, while personality affects voting behavior, its influence on candidate choice is not significantly larger than it was a half-century ago. The results are not contingent on exposure to television or political awareness and are insensitive to different measures of perceptions of candidate image. The findings are consistent with the resurgence of partisan voting in American elections and suggest that some concerns about TV’s effects on political judgment are exaggerated.

Ideology, Telos, and the “Communist Vanguard” from Mao Zedong to Hu Jintao

This work discusses why Marxist vanguard parties require ideology in their struggle to gain and maintain political power. Despite being considered theoretically inconsistent with classical Marxism and western vernacular, I chart etymologically how “ideology” came to China and proliferated during the Mao era as a positively framed term via, in all likelihood, Japanese renderings of Leninism. After discussing ideological challenges under Deng Xiaoping and Jiang Zemin, I explore whether Hu Jintao’s scientific development and harmony concepts might be understood as ideological campaigns which—by synthesizing Maoist and Dengist approaches to ideology—effectively address what otherwise be referred to as the Party’s telos problem, and thus resolve in part the threat to the Party’s vanguard claim.

Making Citizens Smart: When do Institutions Improve Unsophisticated Citizens’ Decisions?

Many scholars lament citizens’ lack of political sophistication, while others emphasize that information shortcuts can substitute for sophistication and help citizens with their political choices. In this paper, I use experiments to assess whether and under what conditions institutions can substitute for sophistication and enable even unsophisticated citizens to make informed decisions. The results of my experiments demonstrate that institutions, such as a penalty for lying or a threat of verification, can help both sophisticated and unsophisticated citizens to make more informed decisions. Further, my results suggest that institutions may, under certain conditions, level the playing field between sophisticated and unsophisticated citizens.

Are There Any Global Egalitarian Rights?

This article considers whether or not there are any global egalitarian rights through a critical examination of the political philosophy of Ronald Dworkin. Although Dworkin maintains that equal concern is the special and indispensable virtue of sovereigns and the hallmark of a fraternal political community, it is far from obvious whether the demands of equality stop at state borders. While some scholars in the field—most notably Thomas Pogge—posit the existence of negative rights in relation to social and economic inequalities at the global level, here I try to defend the existence of positive global egalitarian rights by appealing to Dworkin’s own two principles of ethical individualism. I also set out the framework for a version of what I call global luck egalitarianism based on Dworkin’s equality of resources and try to respond to David Miller’s charge that comparative principles of justice do not apply at the global level.

Democratic Development,Judicial Reform and the Serbian Question in Croatia

In anticipation of Croatia’s accession to the European Union, this article assesses the way in which the state has come to terms with the Serbian question and the practice of non-discrimination in the justice sector. The first part offers an historical review of the Serbian question in Croatia and the main laws that discriminated against non-Croats during the war and rule of President Franjo Tudjman (1991–1999). The second part evaluates the nature of judicial reform in light of the external demands placed on Croatia to improve relations with the Serbian minority and recent rulings from the European Court of Human Rights, which have questioned the capacity of the Croatian judiciary to provide an effective remedy in cases of human rights violations.

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Women’s Right to Asylum: Protecting the Rights of Female Asylum Seekers in Europe?

Criticisms have been made against international laws and conventions on asylum and refugees, arguing that these have been based on a male model of definition, which have ignored women’s persecutions. This article will argue that recent developments in European asylum policy have the potential to deepen this discrimination and to further reduce the rights of female asylum seekers. Although there have been some positive developments in jurisprudence that have recognised that gender-specific persecution may be the basis for granting asylum, these advances remain relatively sporadic and are undermined by the operation of random and discretionary exercises of power by bureaucrats and decision makers in many cases. Further, although new developments in asylum policy are in theory “gender neutral,” differences in the material circumstances of men and women who arrive to seek asylum may mean in effect that the implications of these policies are deeply gendered.

That Enlightenment Question Again

Sandall’s complaint that the Enlightenment is in danger is not new as it repeats a long standing complaint about “the betrayal of the intellectuals”. But the danger today is not from either the Muslim world or from the marginalized academics who pursue an anti-liberal multicultural agenda that belittles the Western liberal tradition. In the United States the menace comes from the much more powerful far right that has abandoned America’s Enlightenment tradition. It is time for academics to start teaching students what that tradition is all about, and why it needs to be defended, but spreading fear about weak and divided Muslim societies is not the way.

Economic Sanctions and Political Repression: Assessing the Impact of Coercive Diplomacy on Political Freedoms

This article offers a thorough analysis of the unintended impact economic sanctions have on political repression—referred to in this study as the level of the government respect for democratic freedoms and human rights. We argue that economic coercion is a counterproductive policy tool that reduces the level of political freedoms in sanctioned countries. Instead of coercing the sanctioned regime into reforming itself, sanctions inadvertently enhance the regime’s coercive capacity and create incentives for the regime’s leadership to commit political repression. Cross-national time series data support our argument, confirming that the continued use of economic sanctions (even when aimed at promoting political liberalization and respect for human rights) will increase the level of political repression. These findings suggest that both scholars and policy makers should pay more attention to the externalities caused by economic coercion.