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Full-Text Articles in Political Science

Faith-Based Resistance, Human Rights, And Emancipatory Practices, Curtis Kline Nov 2017

Faith-Based Resistance, Human Rights, And Emancipatory Practices, Curtis Kline

Conference: The Social Practice of Human Rights

Progressive political theologies can expand and deepen both the strength and the conceptualization of human rights advocacy. However, not all political theologies are an effort to defend human dignity; neither are all understandings and practices of human rights. The validation of progressive political theologies as well as the validation of human rights conceptualizations comes from their capacity to concretely change the lived reality of poor and oppressed peoples of the world.

As with political theologies, there is a constant struggle over the control of how to conceptualize what constitutes a human rights issue. While many communities of faith find liberating ...


Administrative Narratives, Human Rights, And Public Ethics: The Detroit Water-Shutoff Case, Richard K. Ghere Oct 2016

Administrative Narratives, Human Rights, And Public Ethics: The Detroit Water-Shutoff Case, Richard K. Ghere

Political Science Faculty Publications

This inquiry focuses specifically on administrative (local official) narratives that speak to contentious issue contexts of social conflict. Specifically, it draws upon a theoretical connection between hermeneutics and the sociology of knowledge to interpret narrative passages of local officials and others related to a contentious public action—the Detroit Water and Sewerage District’s stepped-up water-discontinuation efforts (2014 and 2015) that left thousands of inner-city residents with “delinquent” accounts and no access to water service. Selected narratives from this case are interpreted on the basis of their literary and social functions. The interpretations support a subsequent determination of whether and ...


Book Review: Thieves Of State, Hugh E. Breakey Oct 2016

Book Review: Thieves Of State, Hugh E. Breakey

Genocide Studies and Prevention: An International Journal

No abstract provided.


Mandela's Dark Years: A Political Theory Of Dreaming, Sharon Sliwinski Dec 2015

Mandela's Dark Years: A Political Theory Of Dreaming, Sharon Sliwinski

Sharon Sliwinski

Inspired by one of Nelson Mandela’s recurring nightmares, Mandela’s Dark Years offers a political reading of dream-life. Sharon Sliwinski guides the reader through the psychology of apartheid, recasting dreaming as a vital form of resistance to political violence. This short, provocative study blends political theory with clinical psychoanalysis, opening up a new space to consider the politics of reverie.


Inventing Human Dignity, Sharon Sliwinski Dec 2014

Inventing Human Dignity, Sharon Sliwinski

Sharon Sliwinski

Are human beings endowed with an inviolable dignity? Or is dignity something that is lost and won? One of the most significant assertions made in the 1948 Universal Declaration of Human Rights (UDHR) is the statement that every individual possesses an inalienable dignity simply by virtue of belonging to the human family.” This chapter aims to make a modest contribution to the emerging scholarship on the history and meaning of dignity as it pertains to universal human rights. My goal is to trace how this particular quality came to be affixed to the human person. The ...


Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor Jun 2014

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and ...


The Morality Of Human Rights, Michael J. Perry Dec 2013

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Oct 2013

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However ...


Law, Globalisation, And Second Coming, Oscar Guardiola-Rivera Sep 2013

Law, Globalisation, And Second Coming, Oscar Guardiola-Rivera

Human Architecture: Journal of the Sociology of Self-Knowledge

In the wake of the "war on terror" and the emergence of a global surveillance regime shrouded in secrecy during the first part of the 21st century, notions of "empire" and the "white man’s burden" (including "saving" the global economy, or behaving as global protector) are in the process of being rehabilitated in social theory, public law, human rights and global economics. Meanwhile, such principles as universal access to justice and equality are relegated to the dustbin of history, as if they were dangerous remnants of a previous period of history in which genuine aspirations to global justice resulted ...


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Natural Rights To Welfare, Siegfried Van Duffel Dec 2011

Natural Rights To Welfare, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.


Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan Jul 2011

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must affirmatively go ...


The Twitter Effect, Caitlin Byrne Jul 2011

The Twitter Effect, Caitlin Byrne

Caitlin Byrne

Extract: In its short history, Twitter-the latest social networking phenomenon-has emerged from within the boundaries of political oppression as a potential enabler of human rights. A product of Western culture. Twitter's relevance to human rights rests in liberal political theory. In particular, Twitter gives effect to first generation human rights, articulated by the UN's Universal Declaration of Human Rights (UNDHR) in 1948, and subsequently codified in international law by the UN's International Covenant on Civil and Political Rights (ICCPR) in 1966. The potential of Twitter presents both serious challenges and opportunities for advancing human rights, which this ...


Human Rights Revisionism And The Canadian Parliamentary Coalition To Combat Antisemitism, Susan Ferguson, James Cairns Jan 2011

Human Rights Revisionism And The Canadian Parliamentary Coalition To Combat Antisemitism, Susan Ferguson, James Cairns

Journalism

This article focuses on the Canadian Parliamentary Coalition to Combat Antisemitism (CPCCA): a self-appointed group of parliamentarians dedicated to extinguishing what it calls “the new antisemitism.” Working from a Gramscian perspective, we identify key discursive strategies in coalition publications and testimony and argue that despite the CPCCA’s pretence to being a forum for liberal-pluralist debate, in fact it is engaged in an ideological reframing of human rights designed to restrict political debate. It does so, paradoxically, by drawing on the language of left-liberalism, which contrasts with recent ideological interventions aiming to secure the priorities of the neo-liberal state.


Human Rights In Camera, Sharon Sliwinski Dec 2010

Human Rights In Camera, Sharon Sliwinski

Sharon Sliwinski

From the fundamental rights proclaimed in the American and French declarations of independence to the 1948 Universal Declaration of Human Rights and Hannah Arendt’s furious critiques, the definition of what it means to be human has been hotly debated. But the history of human rights—and their abuses—is also a richly illustrated one. Following this picture trail, Human Rights In Camera takes an innovative approach by examining the visual images that have accompanied human rights struggles and the passionate responses people have had to them.


Superfluousness, Human Rights And The State: Applying Arendt To Questions Of Femicide, Narco Violence And Illegal Immigration In A Globalized World, Emma Norman Dec 2010

Superfluousness, Human Rights And The State: Applying Arendt To Questions Of Femicide, Narco Violence And Illegal Immigration In A Globalized World, Emma Norman

Emma R. Norman

This paper shows how Hannah Arendt’s disturbing notion of superfluousness and her critique of human rights are highly applicable to the problems globalization has brought to the U.S.-Mexico border region and beyond, with worrying consequences. In theory, ‘inalienable’ human rights form a safety net to catch those whose governments fail to afford them political rights. But, as Arendt pointed out, such minimum rights only function if one’s state is willing and able to guarantee them. For her, stateless persons are deprived of both a territory and of occupying a ‘niche in the framework of the general ...


Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram Jan 2009

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However ...


The Aesthetics Of Human Rights, Sharon Sliwinski Dec 2008

The Aesthetics Of Human Rights, Sharon Sliwinski

Sharon Sliwinski

This essay situates the 1755 Lisbon earthquake as an alternate origin point for human rights discourse. As one of the most destructive earthquakes in recorded history, the event had a broad effect on both scientific and philosophical thought. The quake also represents one of the first modern mass media events in which subjects throughout Europe became spectators to a distant catastrophe. Both visual and verbal representations of the event circulated throughout Europe with incredible efficiency and helped inaugurate a secular notion of human suffering as well as thoughts about its prevention. The story of the quake shows that the notion ...


Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha Dec 2007

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...


The Childhood Of Human Rights: The Kodak On The Congo, Sharon Sliwinski Dec 2005

The Childhood Of Human Rights: The Kodak On The Congo, Sharon Sliwinski

Sharon Sliwinski

This article examines the Congo reform movement's use of atrocity photographs in their human rights campaign (c. 1904–13) against Belgian King Leopold, colonial ruler of the Congo Free State. This material analysis shows that human rights are conceived by spectators who, with the aid of the photographic apparatus, are compelled to judge that crimes against humanity are occurring to others. The article also tracks how this judgement has been haunted by the potent wish to undo the suffering witnessed.


Politics, Rights, And The Refugee Problem, Richard Dagger Jan 2005

Politics, Rights, And The Refugee Problem, Richard Dagger

Political Science Faculty Publications

In The Origins of Totalitarianism, the political philosopher Hannah Arendt pointed to the years between World War I and World War II as the time when the plight of refugees became a pressing political problem.' If Arendt were still alive (she died in 1975), she would no doubt agree that the problem is at least as pressing in the early twenty-first century as it was sixty or more years ago, when she herself was a refugee from Nazi Germany. Who would not agree? According to a report of the U.N. Population Division, 16 million people were refugees at the ...


No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan Dec 2004

No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan

Donald J. Kochan

Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from some ...


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


A Statistical Analysis Of U.S. Foreign Aid And Latin American Human Rights, 1977-1988, Quentin Kidd Aug 1993

A Statistical Analysis Of U.S. Foreign Aid And Latin American Human Rights, 1977-1988, Quentin Kidd

Theses and Dissertations

This paper is set in a time when, quite frankly, situations and events around the world are changing much faster than the perceptive abilities of the academic community. During the Cold War period it was relatively common to focus one's research toward a particular direction or specialty and feel safe that the rug would no be pulled out from under it. Many of this century's great political scientists carved their niches and made their names by studying and commenting on the status of the world as defined by the Cold War. Times have changed though. The Cold War ...