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2013

Human rights

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Articles 1 - 19 of 19

Full-Text Articles in Political Science

Disembodied Sovereignty: Power And Personhood In Rawlsian Liberalism, Rheuben Bundy Dec 2013

Disembodied Sovereignty: Power And Personhood In Rawlsian Liberalism, Rheuben Bundy

Political Science Theses

The works of John Rawls manifest a deep concern with developing a stable, well-ordered society that is built on a reciprocal understanding of justice. In Rawlsian thought, however, the very forms of power that Rawls seeks to ameliorate are recreated in more pernicious forms, as they are ubiquitous, rather than localized in the person of a sovereign. This work explores the impact of power operations on the person in political space in Rawls thought through the works of contemporarian and post-modern theorists. In doing so, it not only offers a critique of the operations of power in Rawls' well-ordered society ...


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 ...


Information Effects And Human Rights Data: Is The Good News About Increased Human Rights Information Bad News For Human Rights Measures?, Ann Marie Clark, Kathryn Sikkink Jul 2013

Information Effects And Human Rights Data: Is The Good News About Increased Human Rights Information Bad News For Human Rights Measures?, Ann Marie Clark, Kathryn Sikkink

Ann Marie Clark

Changes in quality and availability of information related to human rights violations raise questions about how best to use existing data to assess human rights change. Information effects are discernible both in primary sources of information and data coded by two prominent human rights datasets, the Political Terror Scale (PTS) and the Cingranelli-Richards Human Rights Data Set (CIRI). The authors discuss ways that human rights information has changed for the better, evaluate the scales and their primary text sources for countries in Latin America, and compare them with information drawn from regional truth commission data. Extra caution is advised when ...


Book Review Of, Human Rights, Revolution, And Reform In The Muslim World, Tugrul Keskin Jul 2013

Book Review Of, Human Rights, Revolution, And Reform In The Muslim World, Tugrul Keskin

International & Global Studies Faculty Publications and Presentations

Reviews the book "Human Rights, Revolution, and Reform in the Muslim World" by Anthony Tirado Chase


Tell Me Who Your Friends Are: An Endogenous Model Of International Trade Network Formation And Effect On Domestic Political Outcomes, Olga Chyzh Jul 2013

Tell Me Who Your Friends Are: An Endogenous Model Of International Trade Network Formation And Effect On Domestic Political Outcomes, Olga Chyzh

Theses and Dissertations

What is the relationship between networks and unit-level outcomes, such as the international trade network among states and domestic rule of law or repression? Do these effects hold after accounting for actors' strategic selection of network ties? I explore these questions by building a multi-player game, in which players make two simultaneous decisions: (1) whether to form trade links and with who, and (2) whether to increase their trade benefits by improving their type, associated with the level of domestic economic risk factors. The model predicts an endogenous relationship between the number of direct trade partners and the probability of ...


Invisible Victims: An Analysis Of Human Trafficking Vulnerability And Prevention In Bulgarian Romani Communities, Eric Helms Jun 2013

Invisible Victims: An Analysis Of Human Trafficking Vulnerability And Prevention In Bulgarian Romani Communities, Eric Helms

Electronic Theses and Dissertations

Human trafficking is an international problem that plagues every country in the world. Although no reliable concrete data exist on the extent of human trafficking internationally, it is estimated that thousands of women are trafficked into the European Union every year. According to research conducted by the European Roma Rights Centre in 2010, a disproportionately high percentage of these victims are of Roma ethnicity. Research from service providers, law enforcement and international organizations estimates that Roma comprise between 50 to 80 percent of human trafficking victims in Bulgaria with similar levels across Central and Eastern Europe. High levels of ethnic ...


Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate May 2013

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted ...


Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman Apr 2013

Kadi V. Commission: A Case Study Of The Development Of A Rights-Based Jurisprudence For The European Court Of Justice, Alisa Shekhtman

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.


Regional Regimes For The Defense Of Democracy And Coups D'Etat, Jacob P. Wobig Apr 2013

Regional Regimes For The Defense Of Democracy And Coups D'Etat, Jacob P. Wobig

Political Science Department -- Theses, Dissertations, and Student Scholarship

Does international law work, and if so, how? In the last twenty years eight regional intergovernmental organizations have adopted treaties requiring all participants to be democracies and specifying sanctions to be leveled against members that cease to be democracies. In this work I examine to what extent these agreements are helping protect the governments of their members from coups. I find that, between 1991 and 2008, states subject to these treaties were less likely to experience attempted coups d’etat, and were less likely to be overthrown when coups were attempted, but that the evidence varies widely in particular cases ...


Human Geography Without A Map, William E. Demars, Laurel Rosenberger, Jimmy Rogers, Trent Hardee Apr 2013

Human Geography Without A Map, William E. Demars, Laurel Rosenberger, Jimmy Rogers, Trent Hardee

Arthur Vining Davis High Impact Fellows Projects

Course materials developed for a 9th grade course on human geography, focusing on human rights, terrorism, and globalization.


Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen Apr 2013

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries ...


Asean–Eu Relations: From Regional Integration Assistance To Security Significance?, Anja Jetschke, Clara Portela Mar 2013

Asean–Eu Relations: From Regional Integration Assistance To Security Significance?, Anja Jetschke, Clara Portela

Research Collection School of Social Sciences

No abstract provided.


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 ...


Property: Human Right Or Commodity?, Sandra F. Joireman, Jason Brown Jan 2013

Property: Human Right Or Commodity?, Sandra F. Joireman, Jason Brown

Political Science Faculty Publications

There is currently in international law an overstatement of the tie between property and identity. International conventions have folded property into a set of immutable human rights. There needs to be greater flexibility and nuance in this perspective. In this paper we identify two approaches to property rights: the first, which argues that property and identity are necessarily bundled together and considers property to be a human right; and the second which understands them as explicitly separate and views property as a commodity. Empirically, we observe a transition between these two competing ideas. We posit that this transition happens voluntarily ...


The Normative Context Of Human Rights Criticism: Treaty Ratification And Un Mechanisms, Ann Marie Clark Dec 2012

The Normative Context Of Human Rights Criticism: Treaty Ratification And Un Mechanisms, Ann Marie Clark

Ann Marie Clark

extract from first paragraph: "How do human rights norms condition states' responses to international criticism? .... This chapter applies a form of dynamic time series analysis... along with a short case study of UN action on Indonesia, to consider the effects of the discursive engagement represented by treaty commitment and whether human rights treaty compliance varies when a state received additional international attention."