Particularizing the Universal: Dave Eggers Writes Human Rights

This article examines the ways in which two literary texts by the American author Dave Eggers, his novel You Shall Know Our Velocity (2002) EGGERS, Dave. (2002) You Shall Know Our Velocity (San Francisco, CA: McSweeney's). [Google Scholar] and his short story “Up the Mountain Coming Down Slowly,” interrogate the abstract humanism that underlies universalist rights and explore the reasons for their ineptitude at effecting their promise of universalism when faced with the particularity of individual cultures. Thematically, Eggers's stories test the limits of promoting rights on the basis of an innate shared humanity by exposing how such a basis easily slides into other universalist practices such as those of neocolonialism and neoimperialism. At the character level, these narratives consider the possibilities for meaningful cross-cultural relationships within the context of these discourses, revealing the ease with which they in turn can slip into hierarchical relations that reaffirm existing divisions. In doing so, they also engage and challenge the conclusions of cosmopolitan thinkers such as Kwame Anthony Appiah or Jürgen Habermas who have influentially proposed cross-cultural dialogues as a means of overcoming the tension between universalism and particularity. Interestingly, then, even as interdisciplinary research on literature and human rights has begun to etch out the coalescence of the two, Eggers provides an important example of how literary texts can also critique human rights discourses and can explore questions pertaining to their global reach.     

人权的逻辑规定与现实规定——基于马克思人的生存方式理论的视角

马克思把人的存在理解为生存活动.人的生存活动是人依靠自然生产自己的一种生活.作为自然性与社会性相统一的人的生存活动,就是人的生活方式或生存方式,它构成了马克思人权认知的前提.从人的“生活决定意识”这一唯物史观的基本原则出发,首先,马克思指认人权是一种逻辑规定,是人的生存活动发展到资本主义商品经济阶段的产物,表现为自由、平等、财产与安全等;其次,马克思指认人权又是一种现实规定,人权在资本主义雇佣劳动这一特定的生存方式中体现为资本自由、平等地剥夺劳动的特权.     

A Critique of the Universalisability of Critical Human Rights Theory: The Displacement of Immanuel Kant

While the critically oriented writings of Immanuel Kant remain the key theoretical grounds from which universalists challenge reduction of international rights law and protection to the practical particularities of sovereign states, Kant’s theory can be read as also a crucial argument for a human rights regime ordered around sovereign states and citizens. Consequently, universalists may be tempted to push Kant’s thinking to greater critical examination of ‘the human’ and its properties. However, such a move to more theoretical rigour in critique only solidifies the subversive statism of Kant’s apparent universalism, as long as it remains embedded in his prior theory of critical philosophy that privileges a singular form of reason. Universalist theories of human rights can break with this contradiction only insofar as they also displace the right to philosophy from the subject and site of ‘civil’ man to a politics of theory where no such subject or site is guaranteed.     

Universal Human Rights and the Coloniality of Race in Sweden

This article makes an argument that using the term race and considering structural racial discrimination as such and the impacts on it of European colonialism are needed for Sweden’s observance of universal human rights. This argument is contrary to the view of the Swedish state and challenges an image of Sweden as a champion for universal human rights without any colonial history or racial problems of its own.     

Human Rights Enjoyment in Theory and Activism

Despite being a seemingly straightforward moral concept (that all humans have certain rights by virtue of their humanity), human rights is a contested concept in theory and practice. Theorists debate (among other things) the meaning of “rights,” the priority of rights, whether collective rights are universal, the foundations of rights, and whether there are universal human rights at all. These debates are of relatively greater interest to theorists; however, a given meaning of “human rights” implies a corresponding theory of change and through that can be an important guide to the practice of human rights activists and their funders. In practice, any organization can describe their work as “rights based.” This article clarifies the practices of human rights activists and their funders that are consistent with a theory of human rights as (1) universal, (2) interdependent across groups and categories of people, (3) indivisible across issue areas and claims, and (4) measured by the enjoyment of rights.     

The Globalization of Rights: From Citizenship to Human Rights

Globalization is shifting the balance away from membership-based citizenship towards universal human rights, thus we ask: how are new human rights generated? We argue that the movement for human rights follows on the heels of the much older and richer tradition of citizenship, as can be seen from the fact that many of the new claims put forward by human rights activists seek to define traditional citizenship rights as universal human rights. Most recently, we witness attempts by NGOs and CSOs to bring health, rights-based development, and identity rights under the umbrella of human rights. We examine the changing but continuous relationship of these two rights traditions, the gains made by human rights activists and the global solidarity and national enforcement capacity needed to underwrite their further progress.     

Digital Privacy and Article 12 of the Universal Declaration of Human Rights

This article considers the impact of digital technologies on privacy and, specifically, the issues arising from metadata. It takes the 2016 Investigatory Powers Act as an exemplar and argues, by reference to European case law, that while data arising from new technologies undoubtedly fall within the scope of privacy protections, there are questions as to the level of protection awarded. Questions arise from how the nature and intensity of intrusion is understood against a backdrop of ‘dataveillance’, as well as the underlying issue of whether ex post controls—through oversight mechanisms—are sufficient to safeguard privacy.     

Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010.     

Human Rights or Citizen's Privileges: The Great Bill of Rights Swindle

New Labour arguably left Britain more comfortable in its diversity and better protected by anti‐discrimination law. Equal treatment for gay people advanced significantly and the Human Rights Act provides a modern Bill of Rights for everyone in the Kingdom. Curiously however, parallel laws dishonoured these values in thought, word and deed. Home affairs hyperactivity left ours a less friendly country in which to seek asylum, dissent or even be young. The Coalition bound itself together with ‘civil liberties’ and quickly reversed some excesses of the previous decade. Last year's ‘Arab Spring saw it promote human rights abroad. However the Government appears bitterly divided by them at home. Is the debate about a more ‘British’ Bill of Rights, political genius, pragmatic fudge or a dangerous swindle capable of depriving us all of vital protection against abuse of power?”     

Localizing the Human Rights Council: A case study of the Declaration on the Rights of Peasants

The Human Rights Council (HRC) can enact and proclaim global human rights standards. To date the impact of local communities on such international standard-setting remains unclear. This study analyzes how local communities gain access to the HRC's mechanisms and investigates whether standard setting “from below” has been taken up by the HRC. As a case study, the research studies the trajectory of the network of organizations that have lobbied for a Declaration on the Rights of Peasants at the HRC.     

The Honor of Human Rights: Environmental Rights and the Duty of Intergenerational Promise

The idea of human rights either as a moral system or as a set of legal practices does not sit well with the concept of honor. This is true for both ontological reasons and because of some reprehensible misuses of the term in constructs such as “honor killings.” Yet the absence of honor as an argument for human rights comes with a high cost in the defense of human rights generally. As Hobbes made clear in his early theory, rights—and dignity—are grounded in the human capacity to make promises and in the necessity of honoring them. In his view then, honor is an essential feature of human rights and one closely linked to the human capacity for dignity. In this article, I explore how environmental human rights place a renewed emphasis on honor as a requirement for the protection of the rights of future generations. In the process, I explore the general relationship between honor, dignity, and human rights.     

Civil Rights and Political Human Rights: Contesting Human Rights Failures within the Minimally Democratic State

Allen Buchanan argues that democracy ought to be added to the list of basic human rights, but he limits the conception of democracy to a minimum of electoral representation within the nation state, effectively collapsing human rights into civil rights. This, however, leaves him unable to address the problem of human rights failures occurring within established states that meet his standard of minimal democratic representation. In order to address this problem, I appeal to James Bohman's conception of the political human rights of all members of humanity, as opposed to the civil rights of the citizens of particular states. I argue that while this provides the basis on which to address the problem of human rights failures within minimally democratic states, Bohman's conception also entails the potential for deep tensions to arise between the different claims of civil and human rights.     

The Chechen Exception: Rethinking Russia's Human Rights Policy

Orthodox interpretations of human rights policies and practices in post-Soviet Russia are often construed by external critics through a historicist lens of tsarist and Soviet-era authoritarianism. Contemporary Russia's adherence to emerging international human rights norms is commonly judged in sole reference to its human rights disaster in Chechnya. In this article, we contest the notion that human rights abuses in Chechnya fully illustrate Russia's stance on international human rights. We suggest that Chechnya is the exception in the post-Soviet era, and that Russia has increasingly brought its human rights standards in line with the West. We use a historical comparative context as well as Russia's discursive response to NATO's intervention in Kosovo and its UN Security Council voting record as empirical evidence for our argument. ¹