Taming the states: the American Law Institute and the ‘Statement of essential human rights’

2012 ◽  
Vol 7 (3) ◽  
pp. 461-482
Author(s):  
Hanne Hagtvedt Vik
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
Great Depth ◽  
Second World War ◽  
Bill Of Rights ◽  
Early Winter ◽  
World War ◽  
American Law ◽  
The Usa ◽  
Second World

AbstractAs the Second World War unfolded and became global, intellectuals of various backgrounds turned their minds to the problems of peace. Internal persecution bred external aggression, some believed. States had to be tamed. Such reasoning led the American Law Institute (ALI) to try to draft a globally acceptable bill of rights. Although originating in the USA, the project was essentially a transnational one. The ‘Statement of essential human rights’ became the most elaborate code created up to that point, in both scope and detail. Completed in the early winter of 1944, it was promoted by the Panamanian delegation to the 1945 San Francisco Conference, and used extensively by the UN Commission on Human Rights. Refuting suggestions that human rights originated in the 1970s, the ALI project reveals the great depth of the transnational conversation on human rights during the early 1940s, and even before.

3. Critiques

2017 ◽  
Author(s):  
Marie-Bénédicte Dembour
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
Second World War ◽  
The Other ◽  
Bill Of Rights ◽  
World War ◽  
Post Colonial ◽  
Theoretical Perspectives ◽  
The One ◽  
Second World

This chapter reviews six critiques of human rights, deriving from realist, utilitarian, Marxist, particularist (cultural relativist), feminist, and post-colonial theoretical perspectives. The first three critiques emerged in reaction to the (successive) French Declarations of the Rights of Man of the late eighteenth century; the last three were fully developed in reaction to the International Bill of Rights enacted after the Second World War. Each of these critiques reveals a gap between what human rights claim to be or achieve, on the one hand, and what human rights are or do in practice, on the other.

scholarly journals Limiting the executive power after the Second World War: the invention of administrative science

2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot
Keyword(s):  
Human Rights ◽  
World Order ◽  
Daily Practice ◽  
Second World War ◽  
Executive Power ◽  
World War ◽  
Administrative Power ◽  
History Of ◽  
Second World ◽  
Administrative Science

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

scholarly journals Church and state in South Africa and human rights

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Piet J. Strauss
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Human Dignity ◽  
Church And State ◽  
Second World War ◽  
Image Of God ◽  
World War ◽  
Central Tenet ◽  
The Image Of God ◽  
Second World

After the Second World War, there was a universal rise and greater acknowledgement of human rights, which entered churches and ecumenical organisations’ way of thinking. Human rights influenced the church’s understanding of justice and human dignity both internally and externally. The concept of human dignity came from the biblical believe that man is created in the image of God. In South Africa human rights were also increasingly recognised and respected. A charter of human rights was included as chapter 2 of the 1996 Constitution and churches regard human dignity as a central tenet of their approach to members and non-members. Differences between church and state on the issue have arisen as the result of differences on the freedom of religion. Church and state in South Africa can complement each other in the promotion of human dignity.Opsomming: Kerk en staat in Suid-Afrika en menseregte. Na die Tweede Wêreldoorlog is menseregte wêreldwyd erken en aanvaar. Dit was ook die geval in kerke en ekumeniese organisasies. Menseregte het kerke se siening van geregtigheid en menswaardigheid in hulle interne sowel as eksterne optrede beïnvloed. Die begrip menswaardigheid het ontstaan uit die bybelse oortuiging dat die mens na die beeld van God geskape is. In Suid-Afrika is menseregte ook toenemend erken en aanvaar. ’n Verklaring van menseregte is as hoofstuk 2 in die 1996-grondwet ingesluit en kerke beskou menswaardigheid as toonaangewend in hulle benadering van mense binne en buite die kerk. Verskille tussen die kerk en die staat in Suid-Afrika oor menseregte het ontstaan as gevolg van verskille oor die inhoud van die vryheid van godsdiens. Teen hierdie agtergrond kan kerk en staat mekaar egter aanvul in die bevordering van menseregte.

scholarly journals Menneskeverdet i tre nyere tolkninger som placeholder, heuristisk og «flytende signifikant»

2019 ◽  
pp. 215-237
Author(s):  
Ådne Valen-Sendstad
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Second World War ◽  
European Law ◽  
World War ◽  
Normative Concept ◽  
New Meanings ◽  
Second World ◽  
Common Understanding

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.

The US battle against brand marketing: circa 1930-1980

2018 ◽  
Vol 10 (1) ◽  
pp. 60-85 ◽  
Author(s):  
Ross D. Petty
Keyword(s):  
Second World War ◽  
World War ◽  
Historical Sources ◽  
Content Type ◽  
Consumer Movement ◽  
Brand Marketing ◽  
The Us ◽  
Us Government ◽  
The Usa ◽  
Second World

Purpose The purpose of this paper is to examine the debate about brand marketing that occurred as part of the 1930s consumer movement and continued after the Second World War in academic and regulatory circles. Design/methodology/approach This paper presents an historical account of the anti-brand marketing movement using a qualitative approach. It examines both primary and secondary historical sources as well as legal statutes, regulatory agency actions, judicial cases and newspaper and trade journal stories. Findings In response to the rise of brand marketing in the latter 1800s and early 1900s, the USA experienced an anti-brand marketing movement that lasted half a century. The first stage was public as part of the consumer movement but was overshadowed by the product safety and truth-in-advertising concerns. The consumer movement stalled when the USA entered the Second World War, but brand marketing continued to raise questions during the war as the US government attempted to regulate the provisions of goods during the war. After the war, the public accepted brand marketing. Continuing anti-brand marketing criticism was largely confined to academic writings and regulatory activities. Ultimately, many of the stage-two challenges to brand marketing went nowhere, but a few led to regulations that continue today. Originality/value This paper is the first to recognize a two-stage anti-brand marketing movement in the USA from 1929 to 1980 that has left a small but significant modern-day regulatory legacy.

Islamic Law and Human Rights

2015 ◽  
pp. 818-842
Author(s):  
Shannon Dunn
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Second World War ◽  
World War ◽  
Legal Traditions ◽  
Universal Human Rights ◽  
Rights Discourse ◽  
And Gender ◽  
Human Rights Discourse ◽  
Second World

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.

Rivalries Redoubled: Americans in the Levant

2010 ◽  
Author(s):  
Jennifer M. Dueck
Keyword(s):  
Direct Contact ◽  
Local Population ◽  
Second World War ◽  
World War ◽  
American Government ◽  
Grass Roots ◽  
The Usa ◽  
Cultural Networks ◽  
Second World

This chapter considers American involvement during the war years. Unlike Britain, the USA had a sizeable social and cultural network in Syria and Lebanon, owing mainly to the work of American Protestant missions. This strong educational presence provided the American government with an institutional framework around which to develop stable long-term cultural networks. Moreover, the USA's reputation for political disinterestedness and anti-imperialism endeared it to much of the local population. Where the British used direct contact between their military officials and the French teaching establishments to hinder French cultural activities, American influence on education took place through grass-roots activism and diplomatic intervention. The ties that American educators had fostered with the local population for decades provided a foundation for powerful bilateral exchanges during the Second World War.

Odoevtseva, Irina Vladimirovna (1895–1990)

2018 ◽  
Author(s):  
Xenia Srebrianski Harwell
Keyword(s):  
Second World War ◽  
World War ◽  
Silver Age ◽  
Literary Movement ◽  
Female Protagonists ◽  
Literary Journals ◽  
The Usa ◽  
Second World ◽  
Nikolai Gumilev

Poet, memoirist, and novelist with roots in the Acmeist literary movement, Odoevtseva is best known for her two volumes of memoirs, which portray many of the leading figures of the Russian Silver Age. Born in Rīga, she died in Leningrad (modern-day St. Petersburg). She moved to Petrograd in 1918, where she studied poetry under Nikolai Gumilev, joined the second Guild of Poets, and published a book of verse. In 1922 she emigrated to France with her husband, the poet Georgy Ivanov (1894–1958), spending most of her life in Paris at the center of Russian émigré literary society, and visiting the USA only once. As an émigré, Odoevtseva initially turned to writing prose, with female protagonists as the focus of her interwar novels. During the post-Second World War period, she published several volumes of poetry, continued to place her work in various literary journals, and worked on the staff of Russkaia mysl’ [Russian Thought]. Georgy Ivanov died in 1958, and in 1978 she married writer Iakov Nikolaevich Gorbov (1896–1982). In 1987 Odoevtseva returned to live permanently in Leningrad at the invitation of the Writers’ Union. She was warmly welcomed, and attained her lifelong dream of reconnecting with Russian audiences through public appearances and the publication of some of her works.

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