Human Rights between Jurisprudence and Social Science

2015 ◽  
Vol 28 (2) ◽  
pp. 255-266 ◽  
Author(s):  
ALEXANDRA HUNEEUS
Keyword(s):  
Human Rights ◽  
Social Science ◽  
Human Nature ◽  
The Other ◽  
Human Rights Law ◽  
Social Science Theory ◽  
Science Theory ◽  
The One

AbstractThis article argues that human rights law – which mediates between claims about universal human nature, on the one hand, and hard-fought political battles, on the other – is in particular need of a richer exchange between jurisprudential approaches and social science theory and methods. Using the example of the Inter-American Human Rights System, the article calls for more human rights scholarship with a new realist sensibility. It demonstrates in what ways legal and social science scholarship on human rights law both stand to improve through sustained, thoughtful exchange.

scholarly journals Justice Problem with Marxist and Liberal Approaches: Philosophical Justification and Economic Interpretation

2021 ◽  
Vol 18 (1) ◽  
pp. 116-126
Author(s):  
M. S. Sushentsova ◽  
◽  
M. A. Miroshnichenko ◽  
Ph. A. Lymar ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Human Condition ◽  
The Other ◽  
Market Exchange ◽  
Economic Exploitation ◽  
Economic Interpretation ◽  
Fair Market ◽  
The One ◽  
Liberal Thought

This article compares Marx’s understanding of such concepts as rights, freedom and equality underlying the concept of justice with that of classical and modern liberalism. It is shown that Marx did not reject the key values of liberalism but approached them from two perspectives — historical and anthropological. On the one hand, Marx criticized the exercise of human rights under capitalism as «bourgeois», pointing out that they justify the alienation of the human condition and disguise economic exploitation as fair market exchange. On the other hand, Marx proposed his own model of future equality based on the values of self-realization and solidarity, and ultimately on his idea of the «generic» human nature. This approach goes beyond deontological justice, developed by modern liberal thought in the Rawlsian spirit, and at the same time brings Marx’s views closer to the tradition of natural law and modern communitarianism.

scholarly journals IUS Post Bellum and The Imperative to Supersede IHL

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 193-198 ◽  
Author(s):  
Pablo Kalmanovitz
Keyword(s):  
Human Rights ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The One

In recent debates about the interplay between international humanitarian law (IHL) and human rights law (IHRL), two broad camps have emerged. On the one hand, defenders of what may be called the convergence thesis have emphasized the inclusion of basic rights protections in the so-called “Geneva instruments” of IHL, as well as the role of human rights bodies in interpreting and amplifying rights protections in IHL through juridical or quasi-juridical interpretation and pronouncements. In armed conflicts, it is said, human rights apply concurrently and in ways that strengthen the protective constraints of IHL. Critics of the convergence thesis, on the other hand, have protested that pressing human rights obligations on state forces misunderstands the nature of both IHL and IHRL, and generates misplaced and impossibly onerous demands on belligerents—ultimately and perversely, the effect of emphasizing convergence may be less, not more, human rights protection.

Suited up and Stripped Down: Perspectives for Sociocultural Sport Studies

1989 ◽  
Vol 6 (4) ◽  
pp. 335-347 ◽  
Author(s):  
Janet C. Harris
Keyword(s):  
Social Science ◽  
Social Structures ◽  
Theoretical Orientations ◽  
Sport Sociology ◽  
Social Science Theory ◽  
Science Theory ◽  
Broad Array ◽  
Will Force ◽  
Cultural Performances ◽  
The One

It is clear that sports are cultural performances, and as such they should be studied simultaneously at two levels. On the one hand we must examine the dramatic, expressive meanings that sports have for people who encounter them—the suited up level. At the same time, we need analyses that go below this to examine social structures within and beyond sports—the stripped down level. Our energies should be directed toward work that interrelates the two. Scholarship of this nature will force us to be more eclectic in our theoretical orientations, drawing on a broad array of social science and humanities frameworks. The broader and deeper our understanding of these frameworks, the more sophisticated and insightM will be our work, making it more likely to contribute in important ways to mainline social science theory. The term “sport sociology” seems too narrow in light of the need for simultaneous suited up and stripped down analyses of sports that embrace numerous disciplinary perspectives. A more apt term for this enterprise, combining reference to culture and to social structure in one stroke, is “sociocultural sport studies.”

Translation of Human Rights Law according to Local Context: A Solution to Child Marriage in Africa?

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Isabela Warioba
Keyword(s):  
Human Rights ◽  
Protective Role ◽  
The Other ◽  
Local Context ◽  
Child Marriage ◽  
Human Rights Law ◽  
Local Conditions ◽  
Minimum Age ◽  
The One ◽  
Child Brides

In Africa, despite decades of campaigns to restrict child marriage through legislation and the adoption of minimum age laws, the practice is still very common and the continent is predicted to have the largest global share of child brides by the year 2050. This begs the question whether human rights law, as it stands, is the appropriate strategy against child marriage. On the one hand, law can create an “enabling environment” and strengthen those who seek the elimination of child marriage; but, on the other hand, vigorous enforcement of such legislation may result in counter-intuitive effects, leaving the girls more vulnerable instead of the law fulfilling its protective role. This article uses a socio-legal approach to argue that the solution to child marriage might lie in a form of translation and enforcement of human rights. It makes a case for the need for human rights to be translated according to local conditions in order to deal effectively with child marriage in Africa. In this case, “translation” refers to the reinterpretation and reframing of human rights in line with specific local conditions, leading towards assimilation and acceptance while maintaining its core foundations.

HUMAN RIGHTS RELEVANT TO TRADEMARKS

ANCIENT LAND ◽  
2021 ◽  
Vol 03 (04) ◽  
pp. 19-21
Author(s):  
Chingiz Nasimi Chingizzadeh ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Expression ◽  
Public Law ◽  
The Other ◽  
Human Rights Law ◽  
Legal Research ◽  
Commercial Law ◽  
Trademark Law ◽  
The One

Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property

scholarly journals Taking Human Rights Not Too Seriously

2019 ◽  
Vol 47 (4) ◽  
pp. 31-64
Author(s):  
Piotr Mazurkiewicz
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Social Contract ◽  
Catholic Social Teaching ◽  
The Other ◽  
Social Teaching ◽  
Human Right ◽  
The West ◽  
The One ◽  
The Church

The doctrine of human rights is undergoing a difficult test today. On the one hand, we are dealing with a recurring question about its universality. Is it only an expression of Western anthropological sensitivity and should therefore be observed only in the West, or does it refer to human nature as it is and should therefore be observed everywhere, including in Islamic civilisation? On the other hand, secularisation detaches the doctrine from its theistic sources, resulting in its positivisation. Human rights in this version would only be the result of agreements between people and, therefore, like any other social contract, could be freely changed or reinterpreted. An example of such a reinterpretation of the doctrine is the proposal to recognise abortion as a human right. The author also addresses these issues from the position of Catholic social teaching and raises the question of the consequences of these changes for the Church and its official absolute or conditional support for the doctrine.

scholarly journals Towards Integrating Realities - Pragmatic Constructivism and Arendt’s Theory of Action

2017 ◽  
Vol 7 (1) ◽  
pp. 6
Author(s):  
Lars Bo Henriksen
Keyword(s):  
Social Science ◽  
Human Condition ◽  
The Other ◽  
Theory Of Action ◽  
Constructivist Approach ◽  
Integration Process ◽  
Four Dimensions ◽  
Social Science Theory ◽  
Science Theory ◽  
Pragmatic Constructivism

The pragmatic constructivist approach provides us with a social science theory, the theory of reality, and its associated method, the conceptualising method. A key aspect in both the theory of reality and its associated conceptualising method is on the necessity of integrating four dimensions of reality – facts, logic, values and communication. But how? Nørreklit (2004) highlights the theoretical and methodological requirements for such integration of reality. Henriksen et al. (2004), on the other hand, describe the integration processes through a series of case stories. But a thorough conceptualisation of the process of integration is itself not analysed or conceptualised to the same substantive extent as are the other elements of the theory of reality.The key question addressed here therefore becomes: how might we better analyse and describe this process of integration? To address this question, I identify, albeit in skeletal outline, useful social theoretical correspondences between Arendt’s conceptualisation of action in The Human Condition (1958) and key attributes of the theory of reality, which, I claim, could possibly guide an entry into the ‘how’ of this elusive integration process.

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

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