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Full-Text Articles in Law
Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin
Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin
Winston P Nagan
This Article is focused on a specific and important issue: the relationship of law to the social reality of group deprivations. From this primary issue, several important sub-issues are generated having a real and substantial impact upon the role of law in the management of group deprivations at every level of social organization (local, national, regional, and international). To focus on the social reality of group deprivations requires a critical starting point. This starting point is determining whether we are adequately describing or assaying the etiology of the human personality types and self-systems that are normally characterized by feelings, sentiments, …
Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer
Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer
Winston P Nagan
This Article seeks to integrate different strains of knowledge and enlightenment from contradictory and often contentious jurisprudential perspectives. Our approach is to use elements of modern jurisprudence as tools and markers for a more adequate description and intellectual justification of the foundations of modern human rights law. This focus integrates existing literature that surveys law-making outside the context of the State, including the law of non-State groups, such as Jewish Law and Gypsy Law. It also examines the relevance of communications theory to law generated (in a functional sense) by individual interaction on a face-to-face basis (which Professor Harold Lasswell …
Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros
Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros
Winston P Nagan
The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when …
The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins
The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins
Winston P Nagan
This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally …
Reflections On Racism And World Order, Winston P. Nagan
Reflections On Racism And World Order, Winston P. Nagan
Winston P Nagan
This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …