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Daniel McLoughlin 《Law and Critique》2016,27(3):303-321
Recent histories of human rights have shown that the turn to human rights as a form of politics occurred as a placeholder for utopian energies at the end of history, coinciding with a retreat of the organised left, the abandonment of the theme of revolution, and the pluralisation of political struggles. This essay examines the way that radical continental theory has responded to the political hegemony of human rights by focusing on ‘post-Marxist’ thought. Examining the work of four influential critics of human rights—Claude Lefort, Alain Badiou, Giorgio Agamben, and Jacques Rancière—I argue that post-Marxist thought provides two very different approaches to the political possibilities offered by human rights. The first retains a fidelity to the revolutionary critique of rights by rejecting the language and conceptuality of human rights as too deeply implicated in the liberal political order that needs to be resisted. The second acknowledges the limitations of human rights while arguing that they also offer important tools for democratic political struggle. The essay draws upon these analyses to consider the contemporary political meaning of human rights. It argues that the latter of these strategies is problematic because we now face a radically different political conjuncture to the one in which the politics of human rights first emerged: human rights have played an important role in the project of post-historical reaction; the political space in which the politics of rights once made sense has collapsed; and we have seen substantial political upheavals in the wake of the crisis of capitalism. 相似文献
804.
Stewart Cunningham 《International Journal for the Semiotics of Law》2016,29(1):45-65
The concept of ‘human dignity’ sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using ‘dignity talk’ in activism and campaigns for sex work law reform. 相似文献
805.
Ángel Alonso-Cortés 《International Journal for the Semiotics of Law》2016,29(3):635-641
Brand names constitute a form of value for commercial products, because they suppose a savings of search costs for the consumer. The law, as a consequence, has the obligation to protect brand names. But the number of attractive brand names is not infinite and sometimes companies seek brand names which are reminiscent of others. In this article a conflict between two companies for the distinctiveness of two brand names is addressed: one Spanish company used the English common noun doughnut for a product similar to the American pastry, while the other company had already registered donut as a brand name, in addition to its variants. This second company sued the first on the grounds that the names were not distinctive. Here we offer the arguments presented to the judge in defense of the distinctiveness of doughnut and the judgment. 相似文献
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Susanna Lindroos-Hovinheimo 《Law and Critique》2016,27(3):289-301
This article discusses the right to be forgotten. The landmark Google ruling of the European Court of Justice gave this ambiguous right new weight and raised several urgent questions. This article considers what kind of person is presupposed and constructed when somebody invokes their right to be forgotten. The aim is to engage in an experimental reading of the ruling in the framework of contemporary political theory, namely, the philosophy of Jacques Rancière. The analysis shows that even though the right to be forgotten is a new legal and rhetorical instrument, there are good grounds for being critical of its underlying logic and sceptical of the novelty thereof. The judgment can be understood as a reiteration and consolidation of the same impotent human rights thinking that law often seems forced to contend itself with, no matter how radical our intentions may be. 相似文献
808.
Justin T. Pickett 《Journal of Quantitative Criminology》2016,32(1):103-132
Objectives
Because of the merging of immigration control and criminal justice, or “crimmigration,” state and local police increasingly drive interior immigration enforcement through the routine policing of crime. At the same time, growing evidence indicates that immigration is an ethnicity-coded issue that allows for the veiled expression of broader anti-Latino sentiments. Yet little research has examined whether public perceptions of either immigrants or Latinos influence support for police policies and practices that, in the context of crimmigration, may significantly shape immigration enforcement and, more broadly, may contribute to the subordination of Latinos. The current study addresses this research question.Methods
The study draws on data from a recent nationally representative telephone survey and employs multivariate regression methods to evaluate whether perceptions of Latino economic and political threat are associated with support for granting police greater latitude in stopping, searching, and using force against suspects.Results
This study provides the first evidence that, at least among Whites, perceived Latino threat is positively associated with support for expanding police investigative powers, especially the power to stop suspects based only on the way they look.Conclusions
The results suggest that by increasing public support for aggressive policing, or, at minimum, by reducing opposition to discriminatory social controls such as police profiling, Latino threat perceptions may increase the political attractiveness and viability of crimmigration as a “solution” to the “Latino problem.”809.
Objectives
Effects of place-based criminal justice interventions extend across both space and time, yet methodological approaches for evaluating these programs often do not accommodate the spatiotemporal dimension of the data. This paper presents an example of a bivariate spatiotemporal Ripley’s K-function, which is increasingly employed in the field of epidemiology to analyze spatiotemporal event data. Advantages of this technique over the adapted Knox test are discussed.Methods
The study relies on x–y coordinates of the exact locations of stop-question-frisk (SQF) and crime incident events in New York City to assess the deterrent effect of SQFs on crime across space at a daily level.Results
The findings suggest that SQFs produce a modest reduction in crime, which extends over a three-day period. Diffusion of benefits is observed within 300 feet from the location of the SQF, but these effects decay as distance from the SQF increases.Conclusions
A bivariate spatiotemporal Ripley’s K-function is a promising approach to evaluating place-based crime prevention interventions, and may serve as a useful tool to guide program development and implementation in criminology.810.
Glenn D. Walters 《Journal of Quantitative Criminology》2016,32(2):237-252