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Full-Text Articles in Human Rights Law
The Right To Access To Justice: Its Conceptual Architecture, Daniel Bonilla Maldonado
The Right To Access To Justice: Its Conceptual Architecture, Daniel Bonilla Maldonado
Indiana Journal of Global Legal Studies
The aim of this article is descriptive and analytical, rather than normative. This article aims to contribute to the current understanding of the ways in which modern legal consciousness builds, and is built by, the concept of access to justice. This concept, as part of the web of meanings that structures modern legal culture, provides the context in which modern subjects make sense of who they are and how they should interact with the world around them. This article examines the subjectivities, conceptual geographies, and interpretations of history created by the right to access to justice. It also examines a …
Public Law, Precarity, And Access To Justice, Amnon Lev
Public Law, Precarity, And Access To Justice, Amnon Lev
Indiana Journal of Global Legal Studies
In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …
Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto
Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto
Indiana Journal of Global Legal Studies
This article offers an introduction to Boaventura de Sousa Santos's general philosophical orientation, explores the concepts of "abyssal thinking" and "epistemologies of the South," and draws consequences for the theory of human rights, taking into consideration the idea of rewriting the history of rights in the context of colonialism and Santos's proposal of a post-abyssal conception of rights and intercultural dialogue. This piece ends with some considerations on the cultural and political conditions for advancing a new understanding of human rights.