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Universal Justice Exam Part 2
Terms in this set (60)
Compare and contrast the four schools of human rights (Natural, Deliberative, Protest, Discourse)
Liberal-Individualist Natural Rights School The central idea is that rights are a given, derived from reason or God, thus are the basis of making certain demands. This school understands rights as universal, inherent in each individual.
Deliberative School (Jurgen Habermas) From this perspective rights are agreed on, a vehicle for expressing entitlements and obligations. Through deliberation we develop agreed upon principles for running the polity, i.e. we develop consensus and rights are realized through political organization. This suggests rights are not absolute, rather expressed through law; therefore, they are not a possession (something you have by virtue of being human), but guide action/behavior. Rights are realized through political action. •
Collectivist (group emphasis)
Protest School Scholars in this tradition see rights as something fought for, action to redress injustice. They are less concerned with their philosophical basis, but have a sense of rights as transcendental (similar to the Natural Rights folks), rather than a product of negotiation. Rights in this case are claims or aspirations. The focus is not on every human being (though they assume application to every human being b/c suffering is universal), rather the focus is on those who suffer. They argue once one has secured rights for their group, they have a responsibility to secure rights for others. They see rights as based in struggle and are suspicious of human rights law, because of the tendency to use rights for our own benefit, rather than the benefit of others.
Discourse School For discourse scholars rights are "talked about," i.e. they are language for expressing claims, but there is not a deep belief in their authenticity. Rather, they see human rights as a tool for having certain types of conversations; therefore, rights are based in language. Unlike the deliberative school, rather than seeing rights as something that can be universal (if consensus broadens), they see universality as a pretense and criticize the deliberative school for not properly understanding/ appreciating power relations. (They point out that power is not equal in conversations-> not all have equal input into the construction of understandings regarding rights.) Like the protest school they think rights should be about redressing suffering, thus are sympathetic to the protest schools focus on social justice, but do not share their optimism. They have a more nihilistic orientation. They do not see rights as something to be realized (protest school) because they do not see them as existing in the first place.
What were the early historical documents that were precursors to current human rights law?
Conceptions of society, individuality, freedom, liberty, government, and religion lay the groundwork for human rights—or, as they were called at the time, the rights of man.
• United States Declaration of Independence (1776)
• French Declaration of the Rights of Man and of the Citizen (1789)
• Magna Carta
• Code of Hammurabi
Why is the Magna Carta a turning point in the relationship between citizens and their sovereign?
It placed limits on the monarch's power.
What is the significance of the Peace of Westphalia (1648)?
The Peace of Westphalia was a major turning point in European history because it established the foundation for modern international relations, reduced religious conflicts, and created a rise of nationalism among the sovereign nation-states.
What was the Peace of Westphalia (1648)
The Peace of Westphalia ended the Thirty Years' War. It stated that all German states, including the Calvinist ones, should determine their own religion. The states that made up the Holy Roman Empire were recognized as independent states, bringing an end to the Holy Roman Empire as a political entity.
How does the issue of sovereignty complicate the creation of international human rights law?
- a country that is independent is technically free to do what they want with the people, however, internationally HR law infringes a bit on sovereignty b/c, for example, genocide is illegal in the international eyes
Compare and contrast realist, liberal, constructivist understandings of human rights
-Realists are skeptical
-Liberals are optimistic
-Constructivism is both
-Conservatives, liberals, and radicals all criticized the idea of natural rights.
Realism and Human Rights
Realists are sceptical:
they believe the 'diplomacy of human rights' is just talk. Human rights are only important to the extent they promote national interest of state actors.
The assumption of universal morality hides the pursuit of narrow selfish interests.
Helps explain the prevalence of double standards in international diplomacy.
Liberalism and Human Rights
Argue human rights are playing an increasingly important role in international relations
The establishment of a global human rights regime (UN system) is evidence of this role.
Aware of tension between notions of sovereignty and embedding universal moral principles
Constructivism and Human Rights
Constructivism is a way of thinking about the relationship between norms and interests.
No necessary tension between the interests of sovereign states and universal moral principles
Respect for human has an important effect on the forming of state identity.
How have responses to atrocities changed over time? How has the emergence of modern states and changes in
international relations influenced responses to human rights violations?
Why/how are the Nuremberg Trials significant?
The trials were the first time in history where leaders were officially held accountable for carrying out the government's plan.
Be familiar with Hannah Arendt's critique of human rights in the context of the Holocaust.
She said that the holocaust showed us that concept of human rights is "fictional" and that politics or who ever is in power really creates what rights are.
What is the significance of the Universal Declaration of Human Rights?
-It was seen as a shift away from absolute sovereignty presumed by the states and towards the ideas that all individuals have rights by virtue of there common humanity.
-It was the first international agreement on the basic principles of human rights.
What are some limitations of the Universal Declaration of Human Rights?
Doesn't have the power to be legally enforced. Not followed everywhere, is optional to follow. Better in paper, not in practice as it is easy to go against without suffering major or any consequences.
What is the Responsibility to Protect?
Expands responsibility for intervention to things such as war crimes, crimes against humanity, natural disasters.
What is the difference between the Westphalia model and charter-based model?
Westphalia model state holds individual accountability and the charter-based mode is internationally holding states themselves accountable.
What are the basic features of the Universal Declaration Model?
• Based on idea of human dignity
-Idea of respect or worthiness
• Creates entitlements
-Specifies minimum conditions
• "Fuse moral vision with political practice"
-Help realize possibilities of human nature
• Rights of individuals
• Interdependent and indivisible
• Responsibility centers on state entities
-Variations between states in resources and will
• National implementation/ coordination
• Complex relationship between state sovereignty, power, and norms
What are some criticisms of this Responsibility to Protect?
People would only respond if a state could or would not protect its people which states sovereignty is important.
Describe the impact of the Cold War on the development of human rights internationally.
How has terrorism, particularly after 9/11 influenced the operation of human rights internationally?
What cultural and political conditions contributed to understanding atrocities as crimes? WWI and II, Holocaust
What were the five legal grounds of indictments of Nazi party leaders?
(1) Conspiracy to commit charges 2, 3, and 4, which are listed here;
(2) crimes against peace—defined as participation in the planning and waging of a war of aggression in violation of numerous international treaties;
(3) war crimes—defined as violations of the internationally agreed upon rules for waging war; and (4) crimes against humanity—"namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecution on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.
Ability of a state to govern its territory free from control of its internal affairs by other states.
Thirty Years War
Protestant rebellion against the Holy Roman Empire ends with peace of westpahlia.1618-48) A series of European wars that were partially a Catholic-Protestant religious conflict. It was primarily a batte between France and their rivals the Hapsburg's, rulers of the Holy Roman Empire.
"Realists consider the principal actors in the international arena to be states, which are concerned with their own security, act in pursuit of their own national interests, and struggle for power." i.e. relations not based on notions of ideology/ ethics or global institutions. Human rights are left to nation states. In terms of international relations, states are not seen as equal, thus the powerful can impose their will on the less powerful.
Term used to describe state policies that concern themselves solely with the pursuit of national interest
Final solution of the Jewish question-murder of every single Jew-had begun-mass arresting, and trafficking of Jews to the concentration camps-mass killings occurred as well in the gas chambers
A methodical plan orchestrated by Hitler to ensure German supremacy. It called for the elimination of Jews, non-conformists, homosexuals, non-Aryans, and mentally and physically disabled.
International Covenant on Civil and Political Rights
One of the "twin covenants" that forms the backbone of the International bill of rights. The ICCPR tabulates in a legally binding form the first half of the rights and freedoms enshrined in the Universal Declaration of human rights.
International Covenant on Economic, social and Cultural Rights
- Adopted: Dec 1966
- Enters force: Jan 1976
- First optional protocol: Dec 2008
• Allows for individual complaints ⟶ You can appeal above the highest court in your country to the monitoring body
- Opened for signature: 2009
- Committee: Committee on Economic, Social, + Cultural Rights (CESCR)• Monitors country compliance via review
Legally binding treaty.US has accepted but not ratified
1941-Pledge signed by US president FDR and British prime minister Winston Churchill not to acquire new territory as a result of WWII and to work for peace after the war
United Nations Declaration
the agreement signed in January 1942 by 26 nations which pledged them to the principles of the Atlantic Charter and denied them the right to make a separate peace
Conference on Security and Cooperation in Europe
an intergovernmental organization devoted to the maintenance of security in Europe; since superseded by the OSCE
A way to defend against the conflict caused by the discrepancy between an idealized and a real self-image by projecting the conflict onto the outside world.
process by which a norm becomes a part of an individual's personality, thereby conditioning the individual to conform to society's expectations
Code of Hammurabi
along with the Hindu Vedas, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people's duties, rights, and responsibilities.
What problems are associated with assumptions of universality as well as critiques of universality?
Contrast universalist and relativist understandings of human rights and detail important critiques of each. How
is worldview central to some critiques?
Distinguish between theoretical and historical critiques.
Which of the above understandings are most likely found in human rights treaties?
Explain feminist critiques of human rights. What is meant by deconstructing and revealing power dynamics?
Traditional model of human rights is androcentric.
• Relies on a false public/private dichotomy
• Narrow construction of rights violations in terms of discrimination
How have feminists used human rights to press for a full range of other rights?
What is the difference between "modified universalism" and "functional universality."
the idea that you can judge among cultures for certain things- One slave holding culture and there is another that doesn't. We can say slavery is wrong. Sometimes it is hard to say what is wrong and what is right
exists in multiple cultures - is used to solve the same problem - it is more accessible to people from some cultures than others
How can overlapping consensus help bridge some of the divide between relativists and universalists?
How has globalization affected human rights?
- international migration
- global trade
- The creation of global institutions
- The growing acceptance of the interdependence and indivisibility of rights
- An emphasis on promoting democracy
What is the relationship between human rights and social problems?
Social justice and human rights have a shared goal: human dignity, equally for all. The issues that make social justice difficult to achieve, such as poverty, exclusion and discrimination are in direct contradiction with human rights, which apply to all individuals indiscriminately.
What are some levels of universality and particularity?
This is the most abstract. A concept is a general statement of an orienting value. States might agree on a concept w/o agreeing on its limits, e.g. free speech in US and Europe. Although European countries enjoy free speech, there are some limits in many countries that do not exist in the U.S.
These next two levels are where universality becomes more problematic. Interpretations of rights might vary b/t countries. For example, what constitutes political participation, right to life, etc... might vary b/t societies.
What a society does to secure rights also may differ, e.g. different procedural rules for criminal trials, approaches to political elections, etc...
What is relative universality?
Donnelly (2017) recognizes pure universality is not possible as human rights are relative in important ways: They do not apply everywhere at all times (Ontological relativity) They are contingent on certain threats, particularly those created by modern markets and bureaucracy (historical relativity) They have different religious, moral, and philosophical foundations (foundational relativity) They are not equally respected and enjoyed (relativity of enjoyment) The process of social learning in context produces particular threats (relativity in specialization)
According to your text, what is involved in making a rights claim?
Identify three contributions made by feminists to human rights theorizing.
the indivisibility of human rights;
• the interrelatedness of all rights and rights-bearers;
• the intersectional nature of oppression
The praise or criticism of an idea, law, institution, policy, practice, etc. Critique can be based on, among others, conceptual, empirical, or normative concerns or perspective.
International organizations and their respective treaties, covenants, and protocols are dominated by Western states and intentional or not, their ethnocentric ideas assuming the superiority of their own culture and values have shaped modern international debates and approaches to human rights in ways that routinely fail to respect the cultural diversity of the non-Western world. Human rights becomes a mechanism to impose universal values in the name of human rights.
-May undermine human rights in practice because it potentially weakens and undermines traditional social institutions operating in non-Western societies that may have protected the dignity of group members
-Modern colonialism? Language of human rights is more secular, but the universal language of Christianity was used in the past to justify colonialism.
Fails to recognize non-western worldviews that understand people as experiencing humanity as part of a collective Societies/ cultures have vastly different understandings of what it means to be human. Western traditions have traditionally understood human beings as autonomous, thus experiencing humanity as distinct and separate individuals; whereas, many non-Western societies are more likely to have a conception of human being as people who understand and experience their humanity as members of a group. Critics of relativist critiques note these distinctions do not necessarily represent a Western-non Western dichotomy. There strands of collectivist thinking , or at least collective respect, in the West (e.g. Marx and Burke), and notions compatible with universal rights (e.g. freedom, tolerance) in Buddhism, Hindi, Confucianism. They also would suggest we must be careful not to assume just because certain principles dominate a society, those principles are appropriate and moral, i.e. be careful not to mistake authority for morality. We must be careful not to play into the hands of political elites who might manipulate culture in self-serving ways that fail to represent interests and values of many members in their community.
Language of human rights is more secular, but the universal language of Christianity was used in the past to justify colonialism. Is this just a modern update that also might be used to justify the commission of violence and neglect of human suffering, but under the guise of promoting dignity, rather than saving people's souls? Critics would suggest the when, where, and type might differ (e.g. military interventions), but the consequences could be just as devastating
kind of consensus in which individuals agree only on a proper subset of their moral and political ideas, while disagreeing on other elements.
a gender system in which women's status is lowered by their almost exclusive cultural identification with the home and children, whereas men are identified with public, prestigious, economic, and political roles
not able to be separated
a state of mutually dependent relationships
the interconnected nature of social categorizations such as race, class, and gender as they apply to a given individual or group, regarded as creating overlapping and interdependent systems of discrimination or disadvantage.
Being centred on a man. Feminists argue that human rights are androcentric when those rights have features that reflect the biological, political, and social experiences.
is and ideology that defines freedom primarily in terms of the operation of markets with minimal government regulation and the protection of capital from taxation, expropriation, or social responsibilities. Neoliberals hold that the "free market" leads to the greatest possible
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