Law Commons^™

A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick

Senior Theses and Projects

This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …

On Waldron's Critique Of Raz On Human Rights, Joseph Raz

Faculty Scholarship

This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.

Translation, Power Hierarchy, And The Globalization Of The Concept “Human Rights”: Potential Contributions From Confucianism Missed By The Udhr, Sinkwan Cheng

Sinkwan Cheng

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human …

A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh

Yofi Tirosh

This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …

Human Rights Without Foundations, Joseph Raz

Faculty Scholarship

This is a good time for human rights. Not that they are respected more than in the past. The flagrant resort to kidnapping, arbitrary arrests, and torture by the United States of America (USA), and the unprecedented restriction of individual freedom in the USA, and in Great Britain (GB), cast doubt about that. It is a good time for human rights in that claims about such rights are used more widely in the conduct of world affairs than before. There are declarations of and treaties about human rights, international courts and tribunals with jurisdiction over various human right violations. They …

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.

Counter-Intelligence On Espionage In The People's Republic Of China, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the consensual Western perception that many allegations of espionage made by the government of the People's Republic of China (PRC) are violations of universal human rights.

Trends. The Case For Reflexively Condemning Reflexively Condemning Human Rights Violations, Ibpp Editor

International Bulletin of Political Psychology

This article discusses whether it is viable to compare different human rights violations.

Trends. Hissen Habre And Human Rights: Right Or Wrong?, Ibpp Editor

International Bulletin of Political Psychology

This article discusses which high authorities (or national leaders), inside a given country and outside it, may be held accountable for human rights violations in given place.

Psychological Pathways To Minimizing Human Rights Violations Against Children, Ibpp Editor

International Bulletin of Political Psychology

This article identifies several psychological pathways that governments and human rights organizations can employ to minimize human rights violations against children.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Brian Slattery

No abstract provided.

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery