scholarly journals Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage

2006 ◽  
Vol 108 (1) ◽  
pp. 52-65 ◽  
Author(s):  
ANNELISE RILES
Anthropology ◽  
2013 ◽  
Author(s):  
Samuel Martínez ◽  
Catherine Buerger

Once considered a topic that held little interest for cultural anthropologists, human rights became a focus of growing anthropological concern over the 1990s and 2000s. Important publications now number in the hundreds, even when limited (as this article is) only to works by cultural anthropologists (and not forensic anthropologists), which directly reference human rights (and not works that are relevant but make no more than a passing mention of human rights). As Annelise Riles aptly summarizes in her article “Anthropology, Human Rights, and Legal Knowledge: Culture in the Iron Cage” (Riles 2006, p. 53, cited under International Legal Epistemology), anthropologists have turned “from treating human rights doctrines, actors, and institutions as instruments to be used (e.g., as a tool of advocacy on behalf of indigenous peoples) to treating them as subjects of ethnographic research, on par with other ethnographic subjects.” What was a discussion of anthropology and human rights has thus evolved into a research subfield, the anthropology of human rights, offering field research–based examinations of place- and time-specific encounters among the promoters of human rights universalism (a term coined by Mark Goodale in Goodale 2009, cited under General Overviews) and diverse communities of sufferers of human-inflicted harms. Whether current scholarship in anthropology focuses on human rights as practice or as discourse, its common signature is to foreground the local, national, and international political and economic processes in which human rights and larger social justice projects are embedded. Two publications that appeared in 1997 marked a watershed in the development of new modes of anthropological engagement with human rights. One, the contributory volume edited by Richard Wilson, Human Rights, Culture and Context (Wilson 1997, cited under General Overviews), anticipated research and writing relating to both the practice and discourse of human rights. The other, a Journal of Anthropological Research special issue on Human Rights, edited by Carole Nagengast and Terence Turner, articulated a new view of culture’s relationship to human rights, not as an argument against ethical universals but an argument for the embeddedness of ethics within any human group’s encompassing way of life (see Hatch 1997, Messer 1997, and Nagengast 1997, all cited under Pros and Cons of Cultural Relativism; and Turner 1997, cited under Cultural Rights). Even if the year 1997 seems an arbitrary dividing line between the eras of “anthropology and human rights” and the “anthropology of human rights,” there is nonetheless a disciplinary consensus that anthropology’s engagement with human rights has undergone significant changes in its guiding concerns, approaches, orientations, and commitments.


2016 ◽  
Vol 1 (1) ◽  
pp. 92-108
Author(s):  
Newton de Oliveira Lima

The neokantianism as a philosophical school of thought of Law developed as legal knowledge method that searched for a phenomenological intuition prescribe legal values . The linguistic- pragmatic turn in philosophy in the mid- twentieth century led to the replacement of the legal neokantianism by a linguistic methodology on the Law within a justifying discourse procedure of human rights as core values (liberty, equality, common good) and a procedural rationality who returns to Kant as a defense of State of Law. We will seek to map the discourse and Kantian justification of Law from the thought of Ricardo Terra and its approach to legal values as linguistic objects, paving the way for a new legal methodology based on constructed values arguably and according to the principles of kantian reason.


2021 ◽  
pp. 433-447
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.


2020 ◽  
pp. 329-359
Author(s):  
Carol Brennan ◽  
Vera Bermingham

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.


2020 ◽  
pp. 1-22
Author(s):  
Carol Brennan ◽  
Vera Bermingham

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In civil law, tort provides remedy for a party who has suffered the breach of a protected interest. Tort law protects a wide range of interests. Currently, negligence is the greatest source of litigation with respect to tort. Torts of trespass to the person protect physical safety while trespass to property governs the ownership of property. The tort of defamation provides remedies for threats to one’s reputation. Another tort-related area deals with the protection of privacy from media intrusion. This chapter discusses the range of activity to which tort law applies and the types of harm for which it provides compensation. It also considers the main interests protected by the law of tort, how the law of tort differs from other branches of the law, and the role of policy and the human rights dimension in the law of tort.


Author(s):  
Vera Bermingham ◽  
Carol Brennan

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.


2021 ◽  
pp. 149-164
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any substantive human rights but are relevant to the way the substantive rights are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.


2011 ◽  
Vol 12 (10) ◽  
pp. 1786-1812 ◽  
Author(s):  
Andrew Tickell

Over the last decade, the admissibility decision-making of the European Court of Human Rights has been the focus of considerable attention in the analysis of the “mounting pressure on the Convention system,” but has enjoyed little critical analysis in legal, sociological or socio-legal literatures. This paper will argue that this combination of intense attention and critical neglect is paradoxical, and has produced fascinating and hitherto largely unnoticed discontinuities and incompatibilities between the rhetorical representation of the Court's admissibility decision-making in ongoing Convention reform debates and the published jurisprudence of the Court on those standards of admissibility.


2019 ◽  
Vol 14 (1) ◽  
pp. 31-63
Author(s):  
Charlotte Helen Skeet

Abstract This article provides an anti-Orientalist critique of jurisprudence within the European Court of Human Rights. Discussion is located in the context of the longstanding debate over what it is to be “European” and an awareness of how these wider discourses shape rights adjudication at national and intra-national levels in Europe. Argument draws on literature from post-colonial theorists, cultural studies, and feminist legal theory which identify and discuss “Orientalist” discourses to analyse the production of legal knowledge and jurisprudence from the European Court of Human Rights. The article argues that Orientalist discourses affect the ways that the Court constructs and positions both the claimant and the respondent state in human rights claims. These constructions influence cases involving Muslim claimants and have a particularly negative impact on the outcome of claims by visibly-Muslim women. The final part of the article suggests ways that these negative discourses and constructions can be countered.


2021 ◽  
pp. 311-342
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 8. Article 8 is concerned with matters that are considered personal, over which individuals are sovereign, and with which the state should not interfere. In its first paragraph, it recognises ‘private life’, ‘family life’, ‘home’, and ‘correspondence’ as the general concepts in terms of which this sphere of the personal is to be protected under the European Convention on Human Rights. These terms are defined and discussed in the chapter. The second paragraph presents the general legal conditions that must be satisfied before such interference can be considered justified and compatible with the Convention. Much of the chapter is concerned with the application of Article 8 to various situations such as surveillance, the environment, deportation, abortion, and euthanasia. Article 8 is also invoked in respect of important and controversial matters such as the situation of transgendered persons and the duties of states towards homosexual families.


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