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When does the exercise of an interest constitute a human right? The contributors to Menuge’s edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and transcendent foundations for human rights. A further section explores the nature of religious freedom and the vexed question of its proper limits as it arises in the US, European, and global contexts. The final section explores the pragmatic justification of human rights: how do we motivate the recognition and enforcement of human rights in the real world? This topical book should be of interest to a range of academics from disciplines spanning law, philosophy, religion and politics.
A claim and empirical demonstration that if human rights NGOs in Nigeria are to popularly legitimise themselves then almost all of them must undergo a fundamental revision of form, concept and activist methods. Legitimising NGOs in Africa will grant a greater achievement of influence to those organisations: this volume argues that only a transition to a mass movement model will ensure the legitimisation of most Nigerian and African human rights NGO communities. Okafor builds a list of recommendations designed to be used as a blueprint for successfully popularising NGOs.
When does the exercise of an interest constitute a human right? The contributors to Menuge’s edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and transcendent foundations for human rights. A further section explores the nature of religious freedom and the vexed question of its proper limits as it arises in the US, European, and global contexts. The final section explores the pragmatic justification of human rights: how do we motivate the recognition and enforcement of human rights in the real world? This topical book should be of interest to a range of academics from disciplines spanning law, philosophy, religion and politics.
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.
At the turn of the millennium, a new phenomenon emerged: conservatives, who just decades before had rejected the expanding human rights culture, began to embrace human rights in order to advance their political goals. In this book, Nicola Perugini and Neve Gordon account for how human rights--generally conceived as a counter-hegemonic instrument for righting historical injustices--are being deployed to further subjugate the weak and legitimize domination. Using Israel/Palestine as its main case study, The Human Right to Dominate describes the establishment of settler NGOs that appropriate human rights to dispossess indigenous Palestinians and military think-tanks that rationalize lethal violence by invoking human rights. The book underscores the increasing convergences between human rights NGOs, security agencies, settler organizations, and extreme right nationalists, showing how political actors of different stripes champion the dissemination of human rights and mirror each other's political strategies. Indeed, Perugini and Gordon demonstrate the multifaceted role that this discourse is currently playing in the international arena: on the one hand, human rights have become the lingua franca of global moral speak, while on the other, they have become reconstrued as a tool for enhancing domination.
National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
Surrendering to Utopia is a critical and wide-ranging study of anthropology's contributions to human rights. Providing a unique window into the underlying political and intellectual currents that have shaped human rights in the postwar period, this ambitious work opens up new opportunities for research, analysis, and political action. At the book's core, the author describes a "well-tempered human rights"—an orientation to human rights in the twenty-first century that is shaped by a sense of humility, an appreciation for the disorienting fact of multiplicity, and a willingness to make the mundaneness of social practice a source of ethical inspiration. In examining the curious history of anthropology's engagement with human rights, this book moves from more traditional anthropological topics within the broader human rights community—for example, relativism and the problem of culture—to consider a wider range of theoretical and empirical topics. Among others, it examines the link between anthropology and the emergence of "neoliberal" human rights, explores the claim that anthropology has played an important role in legitimizing these rights, and gauges whether or not this is evidence of anthropology's potential to transform human rights theory and practice more generally.