Arts and Humanities Commons^™

Questioning Combatant’S Privilege In Unjust Wars, Harry Van Der Linden

Scholarship and Professional Work - LAS

Following international humanitarian law, soldiers who are authorized by their states to fight wars of aggression have a legal right to kill enemy soldiers, and (indirectly) even enemy civilians, as long as they respect such jus in bello norms as discrimination and proportionality. I criticize a variety of arguments in support of this “combatant’s privilege” of aggressor soldiers that maintain that these soldiers have a moral right to kill or are not culpable for their wrongful killing. I also contest some arguments in support of the view that even though soldiers executing wars of aggression may be morally liable for …

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals …

Leigh Gilmore Talks At Umaine About The #Metoo Movement, Kendra Caruso

Social Justice: Diversity, Equity, & Inclusion

Leigh Gilmore, a distinguished visiting professor of women’s and gender studies at Wellesley College, was the first speaker of this year’s Stephen E. King Lecture Series. Gilmore spoke about topics related to the #MeToo movement and its origins.

The Unbribable Witness: Image, Word, And Testimony Of Crimes Against Humanity In Mark Twain’S King Leopold’S Soliloquy (1905), Nora Nunn

Genocide Studies and Prevention: An International Journal

In the creation of King Leopold’s Soliloquy, a textured, visually irrefutable, and darkly satirical account of crimes against humanity in the Belgian Congo Free State, Mark Twain aimed to evoke his Euro-American audience’s empathy by activating their imaginations and inaugurating political reform. Informed by the work of cultural and literary critics such as Roland Barthes, this paper considers how the visual imagery in Twain’s text engender questions about fact, testimony, and witnessing in the realm of human rights and collective violence—both in the Congo Free State and, indirectly, in the United States. I ultimately argue that the relation (or …

“You Could See Rage”: Visual Testimony In Post-Genocide Guatemala, Lacey M. Schauwecker

Genocide Studies and Prevention: An International Journal

Since the Guatemalan genocide against Maya populations (1981-1983), domestic and international human rights groups have organized truth commissions, forensic exhumations, and legal cases. These efforts to secure justice have achieved minimal success, prompting a reconsideration of the relationship among narrative testimony, visual testimony, and institutional standards of truth. Engaging the ideas of visual studies scholar, Nicholas Mirzoeff, I argue for the political importance of testimony that is critical of such standards, including those enforced by human rights’ legal paradigm. Following Mirzoeff’s understandings of “visuality” and “countervisuality,” I analyze “visual testimony” as that which acknowledges the dynamic interplay between word and …

Disorderly Histories: An Anthropology Of Decolonization In Western Sahara, Mark Drury

Dissertations, Theses, and Capstone Projects

This dissertation situates the disputed geopolitical territory of Western Sahara in a broader, regional history of decolonization. Eschewing the conceptual framework of methodological nationalism, and pushing beyond the period of Moroccan-Sahrawi political conflict, it examines how decolonization has generated multiple, unresolved political projects in this region of the Sahara, dating back to the 1950s. These formations, encompassing southern Morocco, Moroccan-occupied Western Sahara, Sahrawi refugee camps in Algeria, and northern Mauritania, include a zone of militarized occupation, a movement for nation-state sovereignty based in refugee camps, and the borderlands in between. By considering the overlapping processes that emerge through these unresolved …

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

All Faculty Scholarship

In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …

President Jimmy Carter As An Activist?: Understanding President Carter’S Human Rights Policy In El Salvador During 1980 Through A Social Justice Lens, Vanaaisha Das Pamnani

History

During 1980, Salvadoran citizens endured increased violence, torture, and overall suppression of their basic human rights. Many prominent figures were assassinated by either right-wing death squads or leftist insurgents. Then on December 2, 1980 came the murder of four American churchwomen from the Maryknoll Order. Their purpose was to aid the poor within Latin America; El Salvador gave them the opportunity to help the Salvadoran poor in the midst of this violence. However, they were met with suspicion by security forces and, as a result were raped and killed on a dirt road. Within a week, President Jimmy Carter cut …

Exhibiting Human Rights: Making The Means Of Dignity Visible, Amy J. Freier

Electronic Thesis and Dissertation Repository

This dissertation examines the visual communication of human dignity. With the opening of human rights museums, such as the Canadian Museum for Human Rights, human dignity’s visual communication has been exposed to new issues of corporeal and mediated expression. In response to photographic mediation and theory, which often poses individuals as central claimants or possessors of human dignity, human rights museums openly suggest that communities and relationships between individuals are central to human dignity’s visibility outside of the law. As such, I propose that curatorial mediation is important to the contemporary apprehension of human dignity because its notable forms – …

H. Odera Oruka And The Right To A Human Minimum: A Sagacious Quest For Global Justice, Michael Kamau Mburu

Electronic Theses and Dissertations

This dissertation primarily aims at making contribution to the advancement of philosophy from the practical point of view. It does so by analytically and critically studying H. Odera Oruka (1944-1995), arguably one of the finest 20^th century African philosophers. Thus, it identifies, expounds, and critiques Oruka’s philosophical cum ethical commitment by situating him within various philosophical discourses touching such important global issues as justice, human rights, ethical duty, ecology, humanism and politics. It specifically advances Oruka’s argument for the right to a human minimum, establishing how that ethical principle can be applicable in addressing some distressing human conditions …

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …

My Interview With Akan, Uwem Akpanikat

Writing Across the Curriculum

Editor’s Note: This Newsletter interview is a fictional story written by Uwem Akpanikat, a senior majoring in Theology and Religious Studies. Inspired by the film “Dear White People,” which was shown to the students in his Human Rights course, the piece aims to explore the intersection of race, free speech, higher education, media, and religion, in light of the critical and ethical thinking that is central to the Catholic intellectual tradition.

Ode To The Sea: Art From Guantanamo, Erin L. Thompson, Charles Shields, Paige Laino

Publications and Research

Exhibition catalogue for “Ode to the Sea: Art from Guantánamo” (October 16, 2017-January 26, 2018, President's Gallery, John Jay College of Criminal Justice, New York). Detainees at the United States military prison camp known as Guantánamo Bay have made art from the time they arrived. The exhibit displays some of these evocative works, made by eight men: four who have since been cleared and released from Guantánamo, and four who remain there. They paint the sea again and again although they cannot reach it. The catalog includes contributions by Trevor Paglen, Solmaz Sharif, Natasha Trethewey, Jericho Brown, and current and …

Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper

Faculty Publications

Review of John Whalen-Bridge, Tibet on Fire: Buddhism, Protest, and the Rhetoric of Self-Immolation, in Journal of Contemporary Religion

Speaking The Unspeakable: Armenian Women’S Fiction Generations After Genocide, Elena Lucine Lefevre

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College.

Documenting "Documenta": Decoding And Recoding The History Of An Exhibition In 1955, 2002, And 2017, Nicola Susanna Koepnick

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College.

When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis

All Faculty Scholarship

Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …

Sexual Violence In The Field Of Vision, Sharon Sliwinski

Sharon Sliwinski