What’s Wrong with (Some) Human Rights Lawyers?

2020 ◽  
pp. 309-323
Author(s):  
Nigel Biggar

This chapter turns from judges to human rights lawyers, whose role as advocates gives rise either to different problems or to the same ones in more overt form. It focuses on writings intended for the general public by Shami Chakrabarti, Conor Gearty, and Anthony Lester. All three are publicly prominent British lawyers, whose views echo and amplify those reported in previous chapters from judges in Strasbourg and Ottawa, and from Human Rights Watch in New York. The chapter argues that their advocacy for the rights of individuals is vitiated by habitual cynicism toward government, and a constantly deaf ear to its genuine concerns. Since it cannot persuade sceptics, this is poor advocacy. Moreover, since it is widely acknowledged in principle that few rights are absolute and unconditional, it follows that there are circumstances when it would be proportionate for rights to be limited or suspended, or not to be extended. Therefore, human rights lawyers should be more willing than are these three to think about what those circumstances would be, and to recognise them when they obtain, instead of treating every concession to circumstance as if it were a grubby betrayal of principle. A defence of rights that fully accepted that imperfect compromise can really be inevitable, and that acknowledged that sometimes the claims of the social good really do justify exposing individuals to greater risk, would be a more honest defence, and much the stronger for it.

1998 ◽  
Vol 15 (2) ◽  
pp. 34-60 ◽  
Author(s):  
Robert Sugden

Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good.


Journalism ◽  
2021 ◽  
pp. 146488492110086
Author(s):  
Kathleen I Alaimo

This article applies Victor Turner’s schema of ‘social drama’ to examine narrative rituals and the roles performed by a local and national newspaper in their coverage of the Umpqua Community College shooting that took place in October 2015. Textual analysis is used to compare stories from The Roseburg News-Review and the New York Times in terms of the narrative’s movement from breach, crisis, redress and finally to either reintegration or separation. This study finds that narrative patterns for the local and national newspapers do not parallel, suggesting differences in role perceptions. Instead, journalistic ritual is subject to the crisis, proximity to the tragedy and audience. The local outlet reinforces consensus with authority by focusing on victims and the grieving process to achieve the social good of healing and recovery; and the national newspaper challenges the status quo by focusing on the shooter and legislative reform. While the News-Review reaches reintegration by achieving a sense of normalcy, the New York Times stalls in a state of liminality. Both papers move the discourse on school shootings toward a societal ideal though neither narrative reaches the transformative discourse that has invoked national reflexivity noted in past instances of tragedy.


2021 ◽  
Vol 10 (1) ◽  
pp. 45
Author(s):  
Mukti Stoffel

abstrakImplementasi Hasil Penentuan Pendapat Rakyat (PEPERA) berdasarkan New York Agreement 1962 dalam kaitannya dengan Penegakan Hak Asasi Manusia di Tanah Papua menunjukkan bahwa Pemerintah Indonesia pada tahun 1969 berusaha menggerakkan pembangunan dengan meminggirkan pengalaman dan nilai-nilai social budaya rakyat Papua. Ketidakseimbangan kehidupan sosial masyarakat yang diperkuat dengan adanya beberapa kelompok masyarakat yang tidak mendukung hasil Pepera menyebabkan muncullah kelompok-kelompok masyarakat Papua yang pro dan kontra terhadap pembangunan. Apabila menginginkan Papua ini menjadi wilayah yang aman pemerintah harus memikirkan bagaimana seluruh masyarakat Papua bisa hidup sejahtera, memiliki rasa aman dan meminimalisir kesenjangan antar daerah/wilayah di Negara Kesatuan Republik Indonesia. Kesejahteraan hidup didambakan oleh semua pihak. Bila hidup sejahtera dan aman maka pergolakan akan berkurang. Kata kunci: New York Agreement 1962, Pepera 1969, HAM di Tanah Papua abstractThe results of this study indicate that the Implementation of the Results of the Decision of the People's Opinion (PEPERA) based on the 1962 New York Agreement in relation to the Enforcement of Human Rights in Papua shows that the Indonesian Government in 1969 sought to mobilize development by marginalizing the experiences and social cultural values of the Papuan people. The imbalance of the social life of the community which is reinforced by the existence of several community groups that do not support the results of the Act of Free Choice has led to the emergence of Papuan groups that are pro and contra to development. If you want Papua to be a safe area the government must think about how all Papuans can live in prosperity, have a sense of security and minimize gaps between regions / regions in the Unitary State of the Republic of Indonesia. Life welfare is coveted by all parties. If life is prosperous and safe, the upheaval will decrease.  Keywords: New York Agreement 1962, February 1969, Human Rights in the Land of Papua


2010 ◽  
Vol 3 (3) ◽  
pp. 355-375 ◽  
Author(s):  
Michelle Billies

The work of the Welfare Warriors Research Collaborative (WWRC), a participatory action research (PAR) project that looks at how low income lesbian, gay, bisexual, transgender, and gender nonconforming (LG-BTGNC) people survive and resist violence and discrimination in New York City, raises the question of what it means to make conscientization, or critical consciousness, a core feature of PAR. Guishard's (2009) reconceptualization of conscientization as “moments of consciousness” provides a new way of looking at what seemed to be missing from WWRC's process and analysis. According to Guishard, rather than a singular awakening, critical consciousness emerges continually through interactions with others and the social context. Analysis of the WWRC's process demonstrates that PAR researchers doing “PAR deep” (Fine, 2008)—research in which community members share in all aspects of design, method, analysis and product development—should have an agenda for developing critical consciousness, just as they would have agendas for participation, for action, and for research.


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