Contributors. Rebecca J. Atencio, Ksenija Bilbija, Jo-Marie Burt, Laurie Beth Clark, Cath Collins, Susana Draper, Nancy Gates-Madsen, Susana Kaiser, Cynthia E. Milton, Alice A. Nelson, Carmen Oquendo Villar, Leigh A. Payne, José Ramón Ruisánchez Serra, Maria Eugenia Ulfe
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.
Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.
Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Has South Africa dealt effectively with the past, and is the country ready to face the future? What are the challenges facing both government and civil society in the years ahead? These and other questions are explored in this collection of essays by international and local commentators on the Truth and Reconciliation Commission.
A range of perspectives on whether the TRC met its objectives of truth and reconciliation is presented. The areas of particular contention-the payment of reparation, the granting of amnesty, and memorialization-are also examined.
Finally, the major challenges facing South Africa are identified, and ways of meeting these challenges and developing the assets of the nation are explored.
Contributors: Haribert Adam, Kanya Adam, Alex Boraine, Colin Bundy, Mary Burton, John de Gruchy, Richard Goldstone, Willem Heath, Wilmot James, Jeffrey Lever, Mahmood Mamdani, Gary Minkley, Njabulo Ndebele, Dumisa Ntsebeza, Kaizer Nyatsumba, Grace Naledi Pandor, Mamphela Ramphele, Ciraj Rassool, Albie Sachs, Patricia Valdez, Linda van de Vijver, Jan van Eck, Frederik Van Zyl Slabbert, Charles Villa-Vicencio, Francis Wilson, and Leslie Witz
In the mid-1990s, when the United Nations adopted positions affirming a woman's right to be free from bodily harm and to control her own reproductive health, it was both a coup for the international women's rights movement and an instructive moment for nongovernmental organizations (NGOs) seeking to influence UN decision making.
Prior to the UN General Assembly's 1993 Declaration on the Elimination of All Forms of Violence against Women and the 1994 decision by the UN's Conference on Population and Development to vault women's reproductive rights and health to the forefront of its global population growth management program, there was little consensus among governments as to what constituted violence against women and how much control a woman should have over reproduction. Jutta Joachim tells the story of how, in the years leading up to these decisions, women's organizations got savvy—framing the issues strategically, seizing political opportunities in the international environment, and taking advantage of mobilizing structures—and overcame the cultural opposition of many UN-member states to broadly define the two issues and ultimately cement women's rights as an international cause.
Joachim's deft examination of the documents, proceedings, and actions of the UN and women's advocacy NGOs—supplemented by interviews with key players from concerned parties, and her own participant-observation—reveals flaws in state-centered international relations theories as applied to UN policy, details the tactics and methods that NGOs can employ in order to push rights issues onto the UN agenda, and offers insights into the factors that affect NGO influence. In so doing, Agenda Setting, the UN, and NGOs departs from conventional international relations theory by drawing on social movement literature to illustrate how rights groups can motivate change at the international level.
An incisive argument for the relevance of political philosophy and its possibility of effecting change.
The appeal of political philosophy is that it will answer questions about justice for the sake of political action. But contemporary political philosophy struggles to live up to this promise. Since the death of John Rawls, political philosophers have become absorbed in methodological debates, leading to an impasse between two unattractive tendencies: utopians argue that philosophy should focus uncompromisingly on abstract questions of justice, while pragmatists argue that we should concern ourselves only with local efforts to ameliorate injustice. Agents of Change shows a way forward.
Ben Laurence argues that we can combine utopian justice and the pragmatic response to injustice in a political philosophy that unifies theory and practice in pursuit of change. Political philosophy, on this view, is not a purely normative theory disconnected from practice. Rather, political philosophy is itself a practice—an exercise of practical reason issuing in action. Laurence contends that this exercise begins in ordinary life with the confrontation with injustice. Philosophy draws ideas about justice from this encounter to be pursued through political action. Laurence shows that the task of political philosophy is not complete until it asks the question “What is to be done?” and deliberates actionable answers.
Does foreign aid promote human rights? As the world’s largest aid donor, the United States has provided foreign assistance to more than 200 countries. Deploying global numerical data on US foreign aid and comparative historical analysis of America’s post–Cold War foreign policies in Southeast Asia, Aid Imperium provides the most comprehensive explanation that links US strategic assistance to physical integrity rights outcomes in recipient countries, particularly in ways that previous quantitative studies have systematically ignored. The book innovatively highlights the active political agency of Global South states and actors as they negotiate and chart their political trajectories with the United States as the core state of the international system. Drawing from theoretical insights in the humanities and the social sciences as well as a wide range of empirical documents, Aid Imperium is the first multidisciplinary study to explain how US foreign policy affects state repression and physical integrity rights outcomes in Southeast Asia and the rest of the Global South.
2022 PROSE Award Finalist in Classics
Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values.
Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the public acceptance of emotion that encouraged the birth and rebirth of humane values.
Grappling with the philosophical and theoretical questions at the heart of human rights, these essays take into consideration current political configurations such as sovereignty, genocide, humanitarian intervention, and the neglected domain of cultural rights (the right to a cultural identity). Drawing on Enlightenment thinking about human rights at the same time that they analyze the central concepts at work there—including the “humanity of man” and the nature of rights or of law—the contributors make a necessary intervention in a world system that Enlightenment thinkers could scarcely have envisioned.
Contributors. Etienne Balibar, Rony Brauman, Wendy Brown, Rebecca Comay, Jacques Derrida, Paul Downes, Werner Hamacher, Thomas Keenan, Susan Maslan, Jacques Rancière, Bruce Robbins, Avital Ronell, Gayatri Chakravorty Spivak, Elsa Stamatopoulou, Slavoj Zizek
More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? If women were regarded as human, would they be sold into sexual slavery worldwide; veiled, silenced, and imprisoned in homes; bred, and worked as menials for little or no pay; stoned for sex outside marriage or burned within it; mutilated genitally, impoverished economically, and mired in illiteracy--all as a matter of course and without effective recourse?
The cutting edge is where law and culture hurts, which is where MacKinnon operates in these essays on the transnational status and treatment of women. Taking her gendered critique of the state to the international plane, ranging widely intellectually and concretely, she exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation. And she points toward fresh ways--social, legal, and political--of targeting its toxic orthodoxies.
MacKinnon takes us inside the workings of nation-states, where the oppression of women defines community life and distributes power in society and government. She takes us to Bosnia-Herzogovina for a harrowing look at how the wholesale rape and murder of women and girls there was an act of genocide, not a side effect of war. She takes us into the heart of the international law of conflict to ask--and reveal--why the international community can rally against terrorists' violence, but not against violence against women. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before at an ongoing war too long undeclared.
Since the horrific Tiananmen Square massacre in 1989, the debate on human rights in China has raged on with increasing volume and shifting context, but little real progress. In this provocative book, one of our most learned scholars of China moves beyond the political shouting match, informing and contextualizing this debate from a Confucian and a historical perspective.
"Asian Values" is a concept advanced by some authoritarian regimes to differentiate an Asian model of development, supposedly based on Confucianism, from a Western model identified with individualism, liberal democracy, and human rights. Highlighting the philosophical development of Confucianism as well as the Chinese historical experience with community organization, constitutionalism, education, and women's rights, Wm. Theodore de Bary argues that while the Confucian sense of personhood differs in some respects from Western libertarian concepts of the individual, it is not incompatible with human rights, but could, rather, enhance them.
De Bary also demonstrates that Confucian communitarianism has historically resisted state domination, and that human rights in China could be furthered by a genuine Confucian communitarianism that incorporates elements of Western civil society. With clarity and elegance, Asian Values and Human Rights broadens our perspective on the Chinese human rights debate.
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