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Full-Text Articles in Law
From Conquest To Constitutions: Retrieving A Latin American Tradition Of The Idea Of Human Rights, Paolo G. Carozza
From Conquest To Constitutions: Retrieving A Latin American Tradition Of The Idea Of Human Rights, Paolo G. Carozza
Journal Articles
This article explores the historical roots of the Latin American region's strong commitment to the idea of universal human rights, focusing on four key intellectual moments: the ethical response to the Spanish conquest; the rights ideology of the continent's liberal republican revolutions; the articulation of social and economic rights in the Mexican Constitution of 1917; and the Latin American contributions to the genesis of the Universal Declaration of Human Rights. Constructing a narrative from these examples, the article argues for the recognition of a distinct Latin American tradition within the global discourse of human rights.
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
"They Are Our Brothers, And Christ Gave His Life For Them": The Catholic Tradition And The Idea Of Human Rights In Latin America, Paolo G. Carozza
Journal Articles
Through the language of human rights, law can both reflect and constitute some of our most basic ideas about the requirements of human dignity and the human desire for freedom. It captures certain culturally embedded understandings about the nature of the human person in society and carries them forward in time through an institutionalized discourse and practice. This is especially so in those legal traditions that have inherited Western law’s historically consistent orientation toward the individual. Law never makes those sorts of claims in a systematically theoretical way, however. Instead, it is a form of praxis, combining theory and practice, …
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Journal Articles
Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.