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Articles 1 - 6 of 6

Full-Text Articles in Political Science

A Tangled Hope: America, China, And Human Rights At The End Of The Cold War, 1976-2000, Jared Michael Phillips Dec 2013

A Tangled Hope: America, China, And Human Rights At The End Of The Cold War, 1976-2000, Jared Michael Phillips

Theses and Dissertations

A Tangled Hope: America, China, and Human Rights at the End of the Cold War, 1976-2000, discusses the evolution of both the international and American understanding of human rights. Beginning with a discussion of the philosophical and cultural frameworks concerning "rights" that developed in Europe and the Americas throughout the 18th and 19th centuries, this work moves into the post-World War II climate that shaped Jimmy Carter and his unique understanding of human rights and America's role in the Cold War world. In particular, I argue that the existing narrative concerning Carter's foreign policy is lacking in a ...


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 ...