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1.
Gerald J. Beyer 《Human Rights Review》2005,6(4):5-31
Many of the debates concerning the existence of economic rights obfuscate the meaning of the possession of a right to an economic
good. In order to provide clarification, several theoretical questions must be probed. This essay explores each of these issues
in order to demonstrate that greater conceptual clarity repudiates the arguments against the existence of economic rights.
It also seeks to attenuate the vexing problem of necessary and painful tradeoffs between competing rights claims. The final
portion of this essay heuristically demonstrates how greater conceptual clarity can aid us in dealing with complex policy
issues involving competing rights claims.
The phase “Nonsense on stilts” is borrowed from Jeremy Bentham’s refutation pf “Natural” rights. Jeremy Bentham, “Anarchical
Fallacies” in Human Rights, ed. A.I.Melden (Belmont, CA: Wadsworth, 1970), 30–31. 相似文献
2.
Brooke Ackerly 《Human Rights Review》2011,12(2):221-239
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. 相似文献
3.
4.
Panu Minkkinen 《Human Rights Review》2007,8(2):33-51
Taking as its starting point the commonly held claim about the obscurity of the concept of sovereignty, the article first
identifies a fundamental paradox between the classical Westphalian notion of state sovereignty and human rights. In the rhetoric
of international politics, attempts to establish the responsibility of states to respect human rights and fundamental freedoms
within their jurisdictions are often countered with claims referring to the “sovereign equality” of all states and the subsequent
principle of non-intervention. The article suggests that in a more contemporary understanding of sovereignty the responsibility
of a state to respect human rights and fundamental freedoms is seen as a constituent ingredient of the state itself. The chapter
continues to elaborate how this change has come about. The classical notion of sovereignty is illustrated through a reading
of Bodin’s Six Books of the Commonwealth (1576). In Bodin’s world, sovereignty is a constitutive element of the state, and
the possibility of a multitude of sovereign entities in a global world logically denying the possibility of any “supra-national”
normative framework is still a minor consideration. This possibility is only worked out with the emergence of international
law. In both classics such as Emmerich de Vattel’s The Law of Nations (1758) and more contemporary treatises such as Lassa
Oppenheim’s International Law (1905), state sovereignty has become conditional to recognition by other sovereign states and
a subsequent membership in the “family of nations.” The conditional membership in the “family of nations” involves a contradiction:
a sovereign state must act in a “dignified” manner, it must use its sovereignty with “restraint” by respecting the human rights
and fundamental freedoms of its citizens, i.e., it must employ its sovereignty in a non-sovereign way. This restriction of
sovereignty, addressed as “ethical sovereignty,” becomes a constitutive element in a post-Westphalian state and a central
ingredient in the contemporary doctrine of humanitarian intervention. The article further criticizes the various uses (and
abuses) of “ethical sovereignty” in the regulation of “failing” and “rogue” states and concludes by identifying its general
political dangers. Finally, with reference to Jacques Derrida’s Rogues (2003), the article suggests a more radical reappraisal
of the concept of sovereignty.
It is a fact that sovereignty is a term used without any well-recognised meaning except that of supreme authority. Under these
circumstances those who do not want to interfere in a mere scholastic controversy must cling to the facts of life and the
practical, though abnormal and illogical, condition of affairs.1
—Lassa Oppenheim
But to invoke the concept of national sovereignty as in itself a decisional factor is to fall back on a word which has an
emotive quality lacking meaningful specific content. It is to substitute pride for reason.2
—Eli Lauterpacht 相似文献
5.
Kristina A. Bentley 《Human Rights Review》2005,6(4):48-68
This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail
women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by
no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make
sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in
a democracy; and to explore the implications that this has for women’s equality and equal human rights. This is a particularly
pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct
impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in
a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable,
for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how
much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions
about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the
claim that this is one way of recognizing people’s rights and freedoms in a new democracy.
The Traditional Leadership and Governance Framework Act 2003, omits reference to the “powers” of traditional leaders, but rather refers to “functions and roles” which was regarded
as something of a victory for women’s rights groups. However, the Commission on Gender Equality (CGE) and others point out
that this victory has been all but nullified by the Communal Land Rights Act, 2004, which allocates powers of land administration to traditional councils, which are headed by traditional leaders. In
any event, the “functions and roles” that traditional leaders are allocated in terms of the 2003 Act are sufficiently extensive
that they may be seen to allocate “power” with the reference to lesser competence appearing to be a mere semantic device for
the sake of compromise. 相似文献
6.
John P. Clark 《Human Rights Review》2009,10(4):583-604
In Frontiers of Justice, Martha Nussbaum applies the “Capabilities Approach,” which she calls “one species of a human rights approach,” to justice
issues that have in her view been inadequately addressed in liberal political theory. These issues include rights of the disabled,
rights that transcend national borders, and animal rights issues. She demonstrates the weakness of Rawlsianism, contractualism
in general, and much of the Kantian tradition in moral philosophy and shows the need to move beyond the limitations of narrow
rationalism, nationalism, and speciesism. Nevertheless, Nussbaum fails to elaborate adequately the grounds for her own capabilities
position or to face fundamental theoretical questions about the nature and implications of that position. 相似文献
7.
Shareen Hertel 《Human Rights Review》2005,6(3):102-118
This article challenges key aspects of theories on norms evolution, transnational advocacy, and social movements. It demonstrates
that the “emergence” phase of the “norms life cycle” model (Finnemore and Sikkink 1998) is more internally contested than
currently interpreted. It develops two alternatives to the “boomerang” model of transnational advocacy (Keck and Sikkink 1998).
It highlights and explains differences—rather than similarities—in the framing strategies of actors involved in globalized
protests. It explores the influence of several key “microsociological factors” (Giugni 2002) on the evolution of those stragegies.
Empirically the article focuses on the World Trade Organization's Third Ministerial meeting at Seattle in 1999. It analyzes
why and how social movement actors framed different interpretations of the human rights at stake in the context of international
trade. Framing innovations may have had short-term strategic value at Seattle, but did not lead to a unified understanding
of human rights, either among activists themselves or among the government and corporate actors they sought to influence through
protest. 相似文献
8.
Brian Grodsky 《Human Rights Review》2009,10(2):219-238
In this paper, I explore the formation of human rights attitudes among what I call the “silent majority” in the post-communist
countries of Central Europe and the former Soviet Union. This is the large, diverse group of people never directly confronted
with harsh methods of repression under communism. I argue here that the foundations for conceptualizing human rights are based
on the degree and saliency of exposure to rights violations and that, for many citizens of Central and Eastern Europe, life
behind the “iron curtain” is associated with relatively fewer rights violations than life after the iron curtain’s fall. Comparative
personal experiences will play a key role in explaining how these citizens conceptualize human rights. I test this argument
by applying it to the cases of Poland, where I conducted a total of 68 randomly selected non-elite interviews in an effort
to probe for key factors defining individuals’ conceptions of human rights.
相似文献
Brian GrodskyEmail: |
9.
Mutuma Ruteere 《Human Rights Review》2006,7(2):6-16
Drawing from recent advocacy efforts on the right to education in Kenya, this article argues that linking human rights to
local political struggles is a useful way of ensuring their realization. Human rights are legal and moral but their realization
is a political project. The form that this project takes will differ from context to context. While paying due regard to the
remarkable contribution of international human rights regimes and transnational advocacy of the last fifty years in providing
the world with a powerful legal and moral vocabulary of rights, this article suggests that this vocabulary risks losing its
edge unless those working in the field of human rights recognize the necessity of local politics. The article examines the
activities of the Kenyan human rights movement and its strategic linking of access to basic education with repression of political
freedoms.
I would like to thank participants at the May 9–10, 2003 “Rights in Africa” conference at North-wester University, Illinois,
for their comments on an earlier draft of this paper. 相似文献
10.
Jenna Reinbold 《Human Rights Review》2011,12(2):147-171
This paper will explore the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking, a genre of
narrative designed to channel and thereby to quell social anxiety and to orient select groups toward desirable beliefs and
practices. One of the Declaration’s most fundamental and forceful elements is its enshrinement of the “inherent dignity” of
each member of the human family. Drawing upon contemporary theorizations of mythmaking and sacralization, this article will
elucidate the manner in which inherent dignity functions as the central item of sacredness within what we might call the “secular
morality” of universal human rights. 相似文献
11.
Yang Zhong 《Journal of Chinese Political Science》2009,14(4):335-342
This article attempts to discuss the debate about “indigenizing political science in China” from the logic of comparative
politics. The author believes that the phrase “indigenizing political science in China” is misleading at best and destructive
to political science development in China at worst. The logic of comparative politics is the same as other comparative social
sciences: namely, it is the process of replacing proper names and treating tempo and spatial factors as potential variables
contributing to the explanation of political phenomena. As social scientists, we should not be content in using “local Chinese
conditions” or “special Chinese cultural factors” to explain political behavior and phenomena in China. Instead, we should
decompose the “special Chinese conditions” and “cultural factors” for the deeper meaning of these conditions and factors so
that we can conceptualize and elevate these conditions and factors to a theoretical level. In short, the author favors making
political science study in China more scientific and argues that the future of political science studies in China lies in
replacing the proper name “China” or “Chinese”. 相似文献
12.
Xi Lin 《Journal of Chinese Political Science》2011,16(4):349-372
Under certain circumstances, law may come into conflict with commonsense, which by definition refers to “popular conceptions
of right and wrong”, a conflict to which rescue comes a mechanism I conceptualise as “adaptive justice”, as it aims to adapt
the law, in balance with other non-positive, but equally universal rules, to the circumstances at hand. It follows two propositions:
(1) When law encounters or engenders difficulty during its legislation, application or interpretation, certain non-positive,
universal rules will have to be introduced in order to make flexible the rigidity of written law; (2) the solution is an adaptive
application of legal rules, rather than adherence to a literal reading of legal texts. In the context of the libertarian-communitarian
debate on justice, this notion of adaptive justice may offer us a new angle, as it has an in-built focus on “methodological
relationalism”, which by definition uses interpersonal relationship as the basic unit of analysis to decode human behaviour
and values. 相似文献
13.
Ari Kohen 《Human Rights Review》2005,7(1):49-75
This article explores Alan Gewirth’s argument for a secular foundation for the idea
2 of human rights as a possible response to Michael J. Perry’s claim “that the idea of
3 human rights is…ineliminably religious.” I examine Gewirth’s reasoning for constructing
3 a theory, namely that existing theories are fundamentally flawed and leave the idea of human rights without a logically
consistent foundation, before considering in detail his claims for the Principle of Generic Consistency (PGC). Having looked
at his critique of numerous other theories, as well as at his own argument about human action grounding basic rights to freedom
and well-being, I then offer a critique of Gewirth’s PGC. Ultimately my conclusion is that Gewrith's
3 theory relies too heavily on the notions, first that we have a meta-desire not to contradict ourselves and, second, that
we are unable to find persuasive justifications for our behavior that might allow us to avoid self-contradiction. If one is
not troubled by charges of self-contradiction or, as is more often the case, one does not recognize that one’s victim is as
much a human being as oneself, Gewirth’s theory 5 V 3 will not seem
particularly persuasive. *** DIRECT SUPPORT *** A28BB025 00003 相似文献
14.
In 1968 he was a prominent spokesman for noncommunist intellectuals, and he later became a founding member and leader of the
human and civil rights movement “Charter 77.” The danger of totalitarianism has been his constant theme. 相似文献
15.
Karl Widerquist 《Human Rights Review》2010,11(1):83-103
The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for
an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable
alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person requires to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic
income guarantee is the most effective method to ensure an exit option in a modern, industrial economy. 相似文献
16.
Mark DaCosta Alleyne 《Human Rights Review》2004,5(3):103-116
This paper proposes a new way of measuring progress in international politics, an approach that focuses on the symbolic and
ideological work of international organizations. Although such a strategy is not entirely new to the study of International
Relations, it has not been a common, accessible way of assessing how well international organizations work to effect change.
The more famous methods have been legalistic—investigations of how international organizations have created new international law in the issue-areas under investigation1—and bureaucratic—studies of how international organizations create machinery to deal with the problems2. But in a world where domestic and international discourse is more mediated than ever before by television, radio, the Internet,
newspapers, and other means of mass communication, the argument here is that propaganda is a third arena that must be taken into account when exploring the work of international organizations. The international
organization in question here is the United Nations, and the issue-area examined is gender equality, a topic that is also
variously described as “women's rights,” “women's issues”, or the “women's movement”. The paper explains first why the topic
of the UN and women's rights is important, I then examine the propaganda role of the UN in the struggle for gender equality,
and the paper concludes with a critical analysis of the UN's propaganda work in relation to this issue. 相似文献
17.
18.
Ariel Colonomos 《Human Rights Review》2004,5(2):22-47
Conclusion The United States is using the theme of rights to build its unilateralism. In order to transform this unilateralism into a
convincing universalism, it needs to reinforce its “soft power,” appeal to its partners and convince them of the necessity
of its initiatives. Aggressive or offensive rights and crude unilateral military interventions are dangerous per se; they
might also endanger American power in the long run. Culturally, this challenge is rooted in America’s origins and in its enthusiastic
desire to reform the world. In that respect, the shaping of a so-called “world community,” America is challenging continental
Europe and its hierarchical universal power rooted in Catholic verticality. On the contrary, the U.S. conception of power
is based on a horizontal dynamic, inspired by the structure of the reformation movement. American coercive rights are defying
a universal powerless law; Luther is certainly taking its revenge against Rome. Indeed, as for now, America’s universal competence
turns out to be more effective than the ICC. However, if the United States does not take into account its own aspirations
to define universal norms, it will be more and more difficult for the United States to justify the necessity of its military
decisions. any step back to crude realism could be a fatal regression. It will be a mistake for the pursuit of America’s own
interests; it would also most probably endanger the stability of the international system, as it would foster rivalries and
hostile reactions. 相似文献
19.
Conflict persists in southwestern deserts of the United States over management of human-constructed devices to provide wildlife
with water. We appraised decision processes in this case relative to the goal of human dignity and by the standards of civility
and common interest outcomes. Our analysis suggested that conflict was scientized, rooted in worldviews, and aggravated by
use of inflammatory symbols such as “wilderness” and “bighorn sheep.” Contested problem definitions, framed as matters of
science, advanced factional interests largely by allocating the burden of proof and failing to disclose private concerns about
well-being, affection, respect, skill and power. Decision processes were shaped by precepts of scientific management, and
thus largely failed to foster civility, common ground, and a focus on common interests, and instead tended to exacerbate deprivations
of dignity and respect. If the status quo continues, we foresee further erosion of human dignity because there are likely
to be increases in system stressors, such as climate change and human population growth. The prognosis would be more hopeful
if alternatives were adopted that entailed authoritative, equitable, and collaborative public decision-making processes that
took into consideration national-level common interests such as the U.S. Endangered Species Act. 相似文献
20.
The expansion of human rights provisions has produced an increasing number of human rights practitioners and delineated human
rights as a field of its own. Questions of who is practicing human rights and how they practice it have become important.
This paper considers the question of human rights practice and the agency of practitioners, arguing that practice should not
be conceived as the application of philosophy, but instead approached from a sociological point of view. Whatever the structuring
effect of political institutions, human rights is being defined more expansively by practitioners. The weakness of international
institutions and the interpretive scope of human rights discourse produce significant opportunity for practitioners to interpret
the meaning of human rights. Our exploratory interviews of a small sample of practitioners reveal widely varying histories,
in which they interpret their own work as “human rights” practice in differing ways. Practitioners who in the past thought
of themselves differently, now identify as human rights activists. They are also becoming more professional, but concerned
about professionalization. Their self-interpretations reflect these concerns and also respond to the necessities of career
events. Through the conscious and unconscious aspects of their practice, practitioners exercise considerable agency in adapting
human rights discourse to their own concerns while also being critical of it. 相似文献