The Capability Approach and the Debate Between Humanist and Political Perspectives on Human Rights. A Critical Survey

This paper provides a critical exploration of the capability approach to human rights (CAHR) with the specific aim of developing its potential for achieving a synthesis between “humanist” or “naturalistic” and “political” or “practical” perspectives in the philosophy of human rights. The “Polemical Context: the Debate Between Humanist and Political Perspectives on Human Rights” section presents a general strategy for achieving such a synthesis. The “The Capability Approach to Human Rights” section provides an articulation of the key insights of CAHR (its focus on actual realizations given diverse circumstances, its pluralism of grounds, its emphasis on freedom of choice, its demand for public reasoning, its context-sensitive universalism, and its broad view of obligations). These insights go some way toward the achievement of the desired synthesis. But, as explained in the “Need for Further Development of the Approach” section, in its current form, CAHR faces two serious objections by the defenders of the political perspective: the gap between capabilities–interests and rights objection and the disconnect from practice objection. Answering these criticisms requires some amendments to CAHR. The “Recommending a Contractualist Framework of Normative Reasoning” section suggests a response to the first objection based on the introduction of a contractualist framework of justification. The “Recharacterizing the Cosmopolitanism Inherent in the Humanist Standpoint” and “Focusing on a Three-Dimensional Picture in the Search for Deliberative Reflective Equilibrium about Human Rights” sections tackle the second objection by introducing a recharacterization of the cosmopolitan standard underlying the humanist perspective and by identifying the differences and relations between various dimensions of a conception of human rights and their significance for actual political practice. The paper illustrates the practical implications of CAHR, in its modified form, for the pursuit of some important rights.     

Aid and Sectoral Growth: Evidence from Panel Data

This article examines empirically the proposition that aid to poor countries is detrimental for external competitiveness, giving rise to Dutch disease type effects. At the aggregate level, aid is found to have a positive effect on growth. A sectoral decomposition shows that the effect is (i) significant and positive in the tradable and the nontradable sectors, and (ii) equally strong in both sectors. The article thus provides no empirical support for the hypothesis that aid reduces external competitiveness in developing countries. A possible reason for this finding is the existence of large idle labour capacity that prevents the real exchange rate from appreciating.     

Spain: The fragile democracy

The attempted military coup of 23 February 1981 underlined the fragility of democracy in Spain, recently restored after forty years of dictatorship by General Franco. The article argues that the ultimate reason for Spanish democracy's precarious state lies in the existence of a traditionally interventionist Army, an Army not identified with the values and ideals of democracy. A minority of right‐wing officers thought that terrorism by the Basque group ETA, the regional problem, and the political disenchantment of many Spaniards, related to the decline of Suárez, called for a new intervention by the Army against the legally constituted democracy.     

Risk communication surrounding the Fukushima nuclear disaster: an anthropological approach

The Fukushima nuclear disaster highlighted the relevance of effective risk communication strategies for nuclear accidents. Poor risk communication was evidenced during the crisis and its aftermath. The government’s mishandling of radiation issues generated concern in international nuclear agencies as well as widespread anxiety among Japanese citizens. Based on anthropological research, I will argue that among the negative consequences of the government’s inability to deal with public fears are the citizens’ uncertainty and ongoing distrust toward the government, the safety regulators, and the nuclear industry. I will also suggest that such harmful effects can be mitigated by enhancing transparency of the decision-making process and by implementing participative programs where policy makers, stakeholders, and representatives of the local communities can jointly discuss energy production schemes.     

The black soldier-fly, Hermetia illucens (Diptera, Stratiomyidae), used to estimate the postmortem interval in a case in Amapá State, Brazil

The black soldier-fly (Hermetia illucens) is a generalist detritivore which is commonly present in corpses in later stages of decomposition and may be useful in forensic entomology. This paper describes the estimation of the postmortem interval (PMI) based on the life cycle of the black soldier-fly in a case in northern Brazil. A male child was abducted from his home and 42 days later his corpse was found in an advanced stage of decay. Two black soldier-fly larvae were found associated with the body. The larvae emerged as adults after 25-26 days. Considering the development cycle of H. illucens, the date of oviposition was estimated as 24-25 days after abduction. Since H. illucens usually (but not always) colonizes corpses in more advanced stages of decay, this estimate is consistent with the hypothesis that the child was killed immediately after abduction.     

Analysis of age-at-death estimation through the use of pubic symphyseal data

The question of whether age parameters derived from an American population will reliably estimate age-at-death for East European skeletal populations is important since the ability to accurately estimate an individual's age-at-death hinges on what standard is used. A reference sample of identified individuals with known ages-at-death from the regions of the Former Yugoslavia (n = 861) is used to determine the age structure of victims and serves as the prior in the Bayesian analysis. Pubic symphyseal data in the manners of Todd (Am J Phys Anthropol, 3 [1920], 285; Am J Phys Anthropol, 4 [1921], 1) and Suchey-Brooks (Am J Phys Anthropol, 80 [1986], 167) were collected for n = 296 Balkan males and females and for n = 2078 American males and females. An analysis of deviance is calculated using an improvement chi-square to test for population variation in the aging processes of American and East European populations using proportional odds probit regression. When males and females are treated separately, there is a significant association among females and the population (df = 1, chi-square likelihood ratio = 15.071, p = 0.001). New age estimates for Balkan populations are provided and are based on the calculated age distribution from the Gompertz-Makeham hazard analysis and the ages-of-transition. To estimate the age-at-death for an individual, the highest posterior density regions for each symphyseal phase are provided.     

The Dynamics of Legal Positivism. Some Remarks on Shiner's Norm and Nature

In a recently published book, Roger Shiner shows that understanding the fundamental discrepancies between different legal theories is important for a better understanding of law itself. He argues that one of the most important tasks of legal philosophers is to take into account the dynamics or conceptual movements generated by positivism and antipositivism. Our paper intends to show that Shiner's analysis can be developed and modified when other relevant elements are introduced into the universe of discourse. We emphasize the importance of a positivistic conception of legal science. According to Shiner, an adequate theory of law must reproduce the way in which legal norms work in the lives of the participants who accept the law. After analyzing the distinction between norms and norm propositions and the relationship between legal science and the external point of view, we show that legal positivism is not committed to reproducing the internal point of view to law.     

Book Reviews

Andrea C. Bianculli and Andrea Ribeiro Hoffmann, eds., Regional Organizations and Social Policy in Europe and Latin America: A Space for Social Citizenship? New York: Palgrave Macmillan, 2016. Abbreviations, figures, tables, bibliography, index, 317 pp.; hardcover $109, ebook $84.99. Barry Cannon, The Right in Latin America: Elite Power, Hegemony and the Struggle for the State. New York: Routledge, 2016. Tables, bibliography, index, 182 pp.; hardcover $127.50, paperback $44.59. Jordi Díez, The Politics of Gay Marriage in Latin America: Argentina, Chile, and Mexico. New York: Cambridge University Press, 2015. Bibliography, index, 301 pp.; hardcover $48.99, paperback $29.99, ebook $24. Julio Ríos‐Figueroa, Constitutional Courts as Mediators: Armed Conflict, Civil‐Military Relations, and the Rule of Law in Latin America. Cambridge: Cambridge University Press, 2016. Illustrations, figures, tables, bibliography, index, 256 pp.; hardcover $110, paperback $34.99, ebook $88. María Soledad Segura and Silvio Waisbord, Media Movements: Civil Society and Media Policy Reform in Latin America. London: Zed Books, 2016. Bibliography, index, 224 pp.; hardcover $95, paperback $29.95, ebook $23.96. Lee J. Alston, Marcus André Melo, Bernardo Mueller, and Carlos Pereira, Brazil in Transition: Beliefs, Leadership, and Institutional Change. Princeton: Princeton University Press, 2016. Illustrations, tables, abbreviations, bibliography, index, 280 pp.; hardcover $39.50, ebook. Sean W. Burges, Brazil in the World: The International Relations of a South American Giant. Manchester: Manchester University Press, 2017. Figures, tables, bibliography, index, 296 pp.; hardcover $115, paperback $32.95, ebook. Alejandro Velasco, Barrio Rising: Urban Popular Politics and the Making of Modern Venezuela. Berkeley: University of California Press, 2015. Maps, figures, notes, bibliography, index, 321 pp.; paperback $29.95. Tiffany D. Barnes, Gendering Legislative Behavior: Institutional Constraints and Collaboration. New York: Cambridge University Press, 2016. Map, figures, tables, bibliography, index, 274 pp.; hardcover $99.99, paperback $34.99, ebook $28. Judith Teichman, The Politics of Inclusive Development: Policy, Sate Capacity, and Coalition Building. New York: Palgrave Macmillan, 2016. Figures, bibliography, index, 261 pp.; hardcover $109, ebook $84.99.     

EU Citizenship and Political Identity: The Demos and Telos Problems

Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance ‘European identity’ (Europeans’ sense of belonging to their political community). Yet such citizenship faces at least two problems. First: Is there a European demos? If so, what is the status of peoples (nations, demoi) in the Member States? The original European project aimed at ‘an ever closer union among the peoples of Europe.’ Second: Citizens are members of a political community; to what kind of polity do EU citizens belong? Does the EU substitute Member States, assume them or coexist alongside them? After an analytical exposition of the demos and telos problems, I will argue for a normative self‐understanding of the EU polity and citizenship, neither in national nor in federal but in analogical terms.     

Constitutional Review in the Member States of the EU-28: A Political Analysis of Institutional Choices

Literature in law and political science has suggested a number of factors explaining choices on the implementation of constitutional review. However, so far little is known about how such factors combine in order to lead to different models of review. With the aid of configurational research, this article sheds light on that question for all countries of the current EU-28. In this region, the Kelsenian model of specialized courts, the system of review by the judicial branch, and the model of parliamentary sovereignty still currently coexist. This article shows that phenomena such as the type of legal family of the country, an authoritarian past, or political fragmentation play a major role in choices of models of constitutional review. However, it is only when they combine that they are capable of leading to particular outcomes.