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Human Rights Law

2004

Law Faculty Research Publications

Articles 1 - 3 of 3

Full-Text Articles in Law

Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth Jan 2004

Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii Jan 2004

The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …


Retrieving Marx For The Human Rights Project, Brad R. Roth Jan 2004

Retrieving Marx For The Human Rights Project, Brad R. Roth

Law Faculty Research Publications

Marxian thought retains its relevance in the current period, not as a comprehensive replacement for liberal human rights theories, but as a source of critique that challenges those theories on the basis of the very values of human freedom and dignity that they espouse. The Marxian approach entails no general rejection of human-rights-oriented constraint, procedural or substantive, on efforts to achieve social change, but rather serves the human rights project by demonstrting how contradictory class interests manifest themselves as contradictions within the effort to apply liberal principles in a class-divided society.