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Beginning with Margaret Somers and Christopher Roberts’ review of the sociology of human rights and Bryan Turner and Malcolm Waters’ debate therein, the author presents some of the questions which have been so far been the focus of this sociological sub-discipline. This review raises the question of ‘rights’ as a subject of study, and the normative consequences therein. From here, the author introduces recognition theory as a potential participant in these discussions around human rights. The author traces recognition theory from its Hegelian origins to the work of Axel Honneth, and the critiques of Nancy Fraser, Frantz Fanon, and Glen Sean Coulthard. Despite Fanon and Coulthard’s critical accounts, they reinforce the value of recognition within any sociology of human rights. Lastly, the author briefly engages with Alasdair MacIntyre as both a dialogical participant, and a means towards dialogue in the first place between recognition theory and human rights. Concluding, the author argues that the normative and descriptive nature of recognition theory offers a useful tool to aid in sociological theorizations of human nature and rights, while addressing some of the problems raised by early theorists of the sub-discipline and preventing siloing of the sub-discipline within a universalist or particularist vein.

International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations (CSOs) with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging and advocacy than their other Indigenous and non-Indigenous coalition partners, We find that African Indigenous CSOs discuss issues of unequal treatment more frequently, and issues of self-determination and assimilation less frequently, than their coalition partners. The messaging of Indigenous organizations outside of Africa contained similar themes as that of non-Indigenous CSOs. This raises questions regarding why these messages differ: do African Indigenous groups have distinct concerns and/or are there other reasons for the variance in messaging across international Indigenous rights coalitions.

When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human rights practices require both “the will and the way.” Our central hypothesis is that capacities and willingness, acting jointly, are key determinants of improvements in compliance with international human rights norms. The paper confirms this proposition using two-staged and single-stage regression models and a time-series cross-sectional approach at the country-year level. A highly capable bureaucracy and a state that has signaled its willingness through the acceptance of individual complaint and inquiry procedures in the UN treaty regime are jointly necessary for improved human rights practices.

The courses that Bourdieu dedicates to Manet help to better understand the link between cultural production, political position and social trajectory. Nevertheless, Bourdieu does not always fully clarify his position. In this article, first we will clarify what Bourdieu considers to be a model for symbolic revolutions. To do so, Manet's courses are revisited and their links with Bourdieu’s work in general and, more specifically, with his sociology of philosophy are made explicit. After that, we will examine Bourdieu's assertions about scholasticism or academicism in the sociology of culture, its importance in symbolic revolutions, and how his proposal encourages a specific view on the history of cultural productions, especially the philosophical ones. Then, Bourdieu's model of symbolic revolution will be tested by comparing it with a study with statistical treatment of data in a different and significant historical context: the Generation of ‘14 in Spain. Finally, we will propose some nuances and developments to Bourdieu's model based on the conclusions of that study., Los cursos que Bourdieu dedica a Manet ayudan a comprender mejor el vínculo entre producción cultural, posición política y trayectoria social. Pese a todo, Bourdieu no siempre clarifica completamente su posición. En este artículo, en primer lugar, aclararemos cuál es el modelo de revolución simbólica según Bourdieu. Para ello, releeremos los cursos sobre Manet y sus vínculos con la obra de Bourdieu en general y, más específicamente, con su sociología de la filosofía. En segundo lugar, examinaremos lo que Bourdieu entiende por escolasticismo o academicismo en la sociología de la cultura, su importancia en las revoluciones simbólicas y cómo su propuesta anima una mirada específica sobre la historia de las producciones culturales, señaladamente las filosóficas. Después, compararemos el modelo de revolución simbólica de Bourdieu con un estudio que incluye tratamiento estadístico de datos procedentes de un contexto histórico diferente: la Generación del 14 en España. Por último, propondremos algunos matices y desarrollos al modelo de Bourdieu, basándonos en las conclusiones de dicho estudio., (PID2020-117413GA-I00) (PID2019- 109764RB-I00)

Exhumations aim to restore victims’ dignity because they constitute a step towards their individualisation and recognition as members not only of a particular family but of the human family. This article aims to contribute to the critical assessment of how the notion of human dignity and dignification are used in the context of mechanisms of transitional justice, such as exhumations. It focuses on the Colombian case from an interdisciplinary perspective based on socio-legal studies. The research is based on participant observation, interviews, and thematic analysis of the uses of the term dignity and dignification in the texts of the laws and protocols for the exhumations of victims of the armed conflict in Colombia. It explores two dimensions of dignification, which in turn contributes to the understanding of the complex relationship between victims, the state, and institutions of transitional justice.

Children ‘born of war’ refer to people of any age conceived as the result of sexual violence at the hands of armed forces or groups during war, displacement, genocide or military occupation. Due to the circumstances of their birth, children ‘born of war’ can experience social stigma, discrimination and exclusion, resulting in diminished life chances and opportunities. At the same time, children ‘born of war’ fall through the cracks of global policy frameworks. In this article, we explore the reasons for this, arguing that the nature of the harm these children endure renders their status as a victim group elusive. We propose a survivor-centred approach drawing on the lived experiences of children ‘born of war’. The approach recognizes the agency of children and draws attention to their expressed desire to contribute to, and participate in, processes of social reconstruction and reconciliation.

In this paper, we compare reparation policies in Australia and Argentina. We analyse the difference between the reparations given by their respective governments to the Argentinian victims of the ‘Dirty War’ and to the ‘Stolen Generations’ in Australia. The aim of this paper is to compare the experience of victims in Argentina and Australia in relation to reparations to demonstrate that using only one type of reparations, either material or symbolic, is unsatisfactory for victims and does not repair the harm done. We also argue that the timing and the context in which reparations are offered can play a role in the victims’ satisfaction with the governments’ reparation policies.

The article, through the case study of Chile, explores the interconnections between archives, human rights and transitional justice. Chile represents a unique case globally for the early creation of thousands of records documenting the human rights violations committed under Pinochet’s 17-year dictatorship. In post-Pinochet Chile, the human rights archives have provided extremely important sources of evidence that have proven crucial in the development of transitional justice mechanisms. Truth commissions have, in turn, created their own archives, which have strongly contributed to later processes of reparation, justice and memory. The article aims to develop a better understanding of the multiple roles that archives have played as tools for achieving truth, justice and reparation over the long transitional period in Chile. The article argues that a combination of several factors and the intervention of different actors led to the archives having a significant impact in the development of subsequent transitional justice mechanisms.

Does economic globalization create a “race to the bottom” or a “race to the top” in labor rights practices? Despite significant research on the possible impact of economic globalization on labor conditions, little consensus exists as to whether and what forms of economic openness might help or undermine labor rights. In this study, we illustrate the significance of considering the two distinct processes of de facto and de jure globalization. We argue that whereas de facto globalization in the form of trade and financial transactions is likely to result in worse labor rights practices, de jure globalization that entails regulations to facilitate these transactions is likely to have a positive effect on labor conditions. Combining time-series, cross-national data on labor rights with data on economic globalization, we find significant evidence of the divergent effects of de facto and de jure globalization on labor rights practices. Results also indicate that the labor rights effects of de facto and de jure globalization are stronger for trade than financial globalization. We further show that the effects of economic globalization apply to both collective and substantive labor rights practices.

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably disintegrating, displaying signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with.

The article critically considers the role of NGOs at the US naval base in Guantánamo Bay, Cuba. On the basis of observation of pre-trial hearings for the case against Khalid Sheik Mohammed et al.—those allegedly responsible for the September 11 attacks—the article analyses NGOs as trial monitors of the US military commissions set up to deal with ‘alien unprivileged enemy belligerents’. In spite of continued efforts by human rights NGOs and incremental improvements in the military commissions’ institutional arrangements and practice, the article shows how NGOs have become so much a part of the everyday operation of justice at ‘Gitmo’ that they legitimate the military commissions’ claim to be delivering fair and transparent justice.

This article demonstrates how critical realism can resolve persistent theoretical debates in the human rights literature. Critical realism is a philosophy of science that proposes a complex ontological framework to study causal relations. Methodological and theoretical decisions in research are always premised on some ontological presumption whether they are explicitly stated or not. However, much of the social sciences follow the discipline’s empiricist orthodoxy which often dismisses ontological inquiry. As a consequence, theoretical and methodological debates persist without scholars recognizing how they reflect deeper ontological differences. I argue that this is the case with human rights research and demonstrate how critical realism can resolve tensions between universalism and relativism. Critical realism proposes that social relations resolve across multiple ontological levels. This ontological framework can illustrate how universal structures on one level can generate diverse human rights standards on another level relative to the cultural conditions that bring them about.

In March 2020, the Portuguese Government issued a remarkable regulation by which irregular migrants who had previously started the regularization procedure were temporarily regularized and thus allowed full access to all social benefits, including healthcare. The Portuguese constitutional and legal framework is particularly generous regarding the right to healthcare to irregular migrants. Nevertheless, until now, several practical barriers prevented full access to healthcare services provided by the national health service, even in situations in which it was legally granted. This decision is not only remarkable in light of the fulfilling of migrants’ rights to health, as imposed by international commitments assumed by, but also in view of the fight against COVID-19. The decision is grounded both on human rights and in public health reasons. The paper is divided in two main parts. In the first one, it analyzes national State obligations with regard to healthcare provision to migrants in irregular situation. In the second part, it analyzes the Portuguese solution, using this case study to discuss the possible mechanisms to comply with such obligations.

This paper contrasts conceptions of global distributive justice focused on natural resources with human rights–based approach. To emphasize the advantages of the latter, the paper analyzes three areas: (1) the methodology of normative theorizing about natural resources, (2) the category of natural resources, and (3) the view of the system of sovereignty over natural resources. Concerning the first, I argue that global justice conceptions misconstrue the claims made to natural resources and offer conceptions which are practically unfeasible. Concerning the second, I show that contemporary philosophy of justice downplays the plurality of meanings resources have for collectives and argue that conflicts over natural resources can best be accounted for using human rights. Finally, the paper looks at sovereignty over natural resources and argues that rather than dismissing it as unjustifiable on moral grounds, it should be reformed in line with valid principles of international law, most importantly with human rights.

Среди работ, попадающих под зонтичный термин «цифровой капитализм», видное место занимает исследование, обобщенно представленное в книге Шошаны Зубофф «Эпоха надзорного капитализма» (2019) и выступающее продолжениемее же концепции «распределенного капитализма». «Надзорный капитализм» – это новыйэкономический порядок, использующий в качестве капитала человеческий опыт как сырье и характеризующийся распространением коммерческого мониторинга – тотального наблюдения за поведением граждан. В статье исследуется теория Зубофф о «трех модернах» и ключевых императивах «надзорного капитализма»: извлечении данных и прогнозировании поведения потребителя. В завершение приводятся аргументы, указывающие на слабые места этой концепции.

Does public condemnation or shaming of human rights abuses by the United Nations influence foreign aid delivery calculus across Western donor states? I argue that countries shamed in the United Nations Human Rights Council (formerly known as the United Nations Commission on Human Rights) encourage donor states to channel more aid via international and local non-governmental organizations. Furthermore, I find this effect to be more pronounced with increased media coverage. The findings of this paper suggest that international organizations do influence advanced democracies’ foreign policy. Moreover, the paper also finds that donor governments do not punish recipient leaders by scaling back on government-to-government aid, which is more fungible, despite public condemnations of their human rights practices owing largely to strategic concerns. These results are robust to a number of alternative data and estimation techniques.

This article highlights the various sources that shaped the genesis of ordoliberalism. In the wake of the emerging project of neoliberalism, ordoliberals created a theory that contains a bundle of claims, which constitute the attempt to merge liberalism and its contextual embedding into a social philosophy that meets the requirements of both—economy and society. They were concerned with a new and properly interpreted liberalism. Not because they did not share the basic assumption of classical liberalism that individual self-interested action is the necessary driving force in advancing economic and social progress, but because they realized that individual action requires an embedding into a social and moral order to deliver public benefits. This insight proves to be the significant difference between ordoliberals of neoliberal facon and the exponents of classical liberalism: namely that the market economy operates based on prerequisites which it cannot itself guarantee. Regarding their very own historical context, this must be seen in light of their concern for the reconstruction of Western societies after the end of the totalitarian Nazi regime. The purpose of ordoliberalism has always been the “consciously shaped” economic order which manifests itself as humane and as functional. Moreover, if one understands ordoliberalism as contextual liberalism, it can also be significant for today’s discourse. In order to achieve this aspiration, ordoliberalism adopts a contextual approach. In particular, linkages can be drawn here to Constitutional Political Economy, and the interaction of these perspectives offer promising benefits for both “thinking-in-orders” traditions.

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.

The modern corporation offers significant potential to contribute to the human rights project, in part because it is free from the challenges posed by national sovereignty. That promise has begun to be realized in businesses practicing corporate due diligence with regard to the human rights of persons involved in or affected by those enterprises. Yet due diligence preserves the self-seeking orientation of the conventional corporation and seeks only to protect itself from committing human rights abuses. This approach, typified by the UN Guiding Principles on Business and Human Rights, does not address background conditions for and root causes of vulnerability to human rights abuses. My alternative, the human rights corporation, takes an other-regarding orientation that advances human rights within the corporation and in its human, social, economic, and natural environments. It moves beyond the due diligence carrot-and-stick model to a model in which the corporation produces not only goods and services but also human rights consciousness and practice as well.

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental (cosmopolitan) moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders.

The article aims to analyse the thought of Edward Abramowski – a Polish philosopher, pioneer of psychology and theorist of the socialist cooperative movement. It attempts to reconstruct the impact that his social thought and his philosophical anthropology have had on the political activity of Polish cooperativism. In keeping with Michael Freeden’s thesis that an ideologist translates philosophical concepts into political practice, the author sees Abramowski as a thoroughly modern thinker who opened an alternative ideological path to the great political narratives of the day. The article points out the originality of the Polish philosopher’s proposition for the socialist movement, the goal being to achieve the political emancipation of the popular classes through economic activity undertaken by grassroots cooperatives operating outside state structures. The philosophical-sociological concept of ‘fraternity’ or ‘pure socialization’ leads Abramowski to formulate a doctrine of ‘stateless socialism’, in which popular political organizations use primordial, human-based cooperation to create new opportunities for community life. The last parts of the article show links between Abramowski's concepts and the modern school of commoning. The aim of this comparison is to show the doctrine of cooperativism can make a contribution to determining the political stakes of contemporary conflicts regarding biopolitical subjectivity.

To ensure the protection and promotion of human rights at the African regional level, the African human rights system was established and has been in existence for over three decades. In realisation of its mandates, three supervisory mechanisms have been established to adjudicate human rights cases and issue decisions accordingly. To enhance compliance with these decisions, human rights non-governmental organisations, civil society organisations (NGOs/CSOs) and the supervisory bodies themselves often act as sources of pressure by exploring different follow-up mechanisms. However, despite their best efforts, the attitude of member states towards compliance with the decisions of the supervisory bodies has been relatively poor. Against this background, this article argues that in improving compliance, civil society—particularly the electorates—in member states can equally be engaged to act as a complementary domestic source of pressure with the aim of raising domestic costs in pressuring member states towards compliance.

The scale of homelessness in Europe throws a stark light on the right to housing that exists in many European states and in European and International Law. This disparity between legal right and the social reality of homelessness and housing precarity begs the question as to the efficacy of a rights-based approach to housing. This article examines the ‘enforceable’ right to housing in France, in place since 2007, to explore the efficacy of approaching a chronic lack of housing through justiciable rights. The lack of progress in over a decade of jurisprudence highlights the challenges posed to legal advocacy in this area, particularly when combined with a lack of political will. The article concludes by reflecting on alternative approaches, in which justiciable rights have played less of a role, stressing the need for political and financial commitment over legal rights.

How does the presence of women’s INGOs relate to restrictions on women’s civil society? Although women’s INGOs may help protect against civil society restrictions in most situations, we contend that the presence of women’s INGOs within a country may lead to increased restrictions on women’s civil society when countries are extremely economically or politically vulnerable. At these times, women’s INGOs are more likely to be seen as an outside instigator, possibly leading to more political or economic change. In an effort to retain power, leaders may use women’s INGOs as scapegoats; attention to them and restrictions on women’s civil society more generally may be a tactic taken by a leader that is politically or economically vulnerable. We test our hypotheses in a cross-national sample of non-OECD countries from 1975 to 2013, using new data on civil society restrictions and the involvement of women’s INGOs. We find evidence in support of our central argument: economic and political vulnerability may condition the relationship between women’s INGOs and future restrictions on women’s civil society.

Freud as a Social and Culural Theorist: On Human Nature and the Civilizing Process represents my attempt to rescue Freud from oblivion by reading him as the social theorist he always aspired to be, rather than as the medical scientist he so often claimed to be. By identifying Freud's enduring social, political, and cultural concerns, and by tracing the development of his reflections on them over the course of his long career, I attempt to locate Freud's thought in the tradition of Western social philosophy, particularly from the time of Hobbes on. Such an effort is essential for a proper assessment of Freud's contemporary relevance, as the responses of Prager, Turner, Apprey, Davis, and Reed published here amply demonstrate.

The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize the interests of major players in the region, including the Central Government of the People’s Republic of China, Xinjiang’s local government, and enterprises involved in the region. Following this, we discuss which economic measures will improve the human rights situation and how these measures contribute to an improvement of the situation.

The main focus of the paper is to reflect analytically on the likely place/role of international solidarity in global refugee protection context in the coming years. Following a short introduction, the paper begins with brief discussions of certain preliminary questions related to the nature of the concept of international solidarity. These discussions are followed by a consideration of some discrete issues related to the “norm/practice chasm” in the operation of international solidarity in global refugee protection (including positive expressions of international solidarity in that context; gaps in human rights-based international solidarity in that same field; and the abusive deployment of international solidarity in the same area). Thereafter, the future of international solidarity in the global refugee protection context is pondered in its duality and complexity, especially the claim that the future of international solidarity is likely to be shaped by a harsher trend that is styled “de-solidarity” in the paper.

Truth commissions (TCs) are increasingly common after conflict and authoritarian rule, yet we know little about the different ways they are being used. Despite recent efforts to bridge conceptual gaps and resolve disagreement over the universe of cases, TCs are notoriously undertheorised and proponents have yet to answer why their record is so inconsistent. Through developing a typological approach to TCs, the article lays the groundwork for exploring the forms they need to take to have an impact. It argues for a more nuanced understanding of the term that captures both the breadth of current practice and recasts conceptual debates on the spectrum of design options that are available to policymakers but are often overlooked. The findings are important as they offer a first set of impressions on emerging spatial and temporal patterns and trends that are developing due to the purported transnational diffusion and social learning of ideas about TCs.

James M. Buchanan argued that not only the study of public choice, but also property-rights economics as well as law and economics, can be traced directly to the work of scholars associated with the Thomas Jefferson Center for Studies in Political Economy and Social Philosophy at the University of Virginia (UVA). We draw attention to that point by raising the following question: what was the common knowledge at UVA that made it uniquely suited for the development of each of those related, yet distinct subdisciplines of political economy? Fundamentally, the answer is the unique combination of Chicago price theory and London School of Economics cost theory developed at UVA, where opportunity costs were regarded not as constraints to which individuals passively respond. Rather, they are the reciprocal of the act of choice itself. That subtle distinction has significant implications not only for public policy, but, what is more important, the proper scale and of governmental responses to market failures. The unique combination of the Chicago and London schools was central to the development of a neglected branch of price theory at the University of Virginia.

Care is more than dispensing pills or cleaning beds. It is about responding to the entire patient. What is called “bedside manner” in medical personnel is a quality of treating the patient not as a mechanism but as a being—much like the caregiver—with desires, ideas, dreams, aspirations, and the gamut of mental and emotional character. As automata, answering an increasing functional need in care, are designed to enact care, the pressure is on their becoming more humanlike to carry out the function more effectively. The question becomes not merely whether the care automaton can effect good bedside manner but whether the patient’s response is not feeling deceived by the humanlikeness. It seems the device must be designed either to effect explicit mere human-“likeness,” thus likely undermining its bedside-manner potential, or to fool the patient completely. Neither option is attractive. This article examines the social problems of designing maximally humanlike care automata and how problems may start to erode the human rights of users/patients. The article then investigates the alternatives for dealing with this problem, whether by industrial and professional self-regulation or public-policy initiatives. It then frames the problem in the broader historical perspective in terms of previous bans, moratoria, and other means of control of hazardous and potentially rights-violating techniques and materials.

This article examines post-9/11 efforts by Western governments to instill respect for human rights among the world’s Muslim populations. The article argues that Western discourses on human rights are best conceptualized as a hegemonic Bourdieusian distinction strategy. In a dynamic strategy of this type, new human rights norms are continually produced and subverted by liberal elites in the West. Because these norms are constantly evolving, Muslim social practices can never “catch up” to them. This produces a perpetual distinction between a progressive liberal Occident and a backwards illiberal Orient, justifying the perpetual hegemony of the former over the latter. In developing its analysis, the article gives special attention to right-wing nationalist movements in Europe and the USA and US foreign policy in the Middle East. These developments are situated in relationship to liberal imperialism in the Colonial era, the Global War on Terrorism, and recent concerns over immigration.

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Research for this article was partly funded by Danida, “Realising the SDGS: The role of responsible business”. National Action Plans (NAPs) on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmetic devices that states use to deflect attention from persisting abuses and needed regulation. In response to wider critiques of international human rights norms, and their failure to exact universal state compliance, experimentalist governance theory highlights the dynamic, dialogic and iterative character of human rights implementation as well as the role of stakeholders. In this article, we apply experimentalist governance theory to evaluate the role and character of business and human rights NAPs. Rather than attempting to evaluate NAPs’ ultimate consequences for rights-holders, which appears premature, we focus on NAPs processes. Specifically, we analyse NAPs processes in twenty-five states against five experimentalist governance criteria relating to (i) stakeholder participation; (ii) agreement on a broad problem definition; (iii) local contextualisation; (iv) monitoring and peer review and (v) periodic revision and learning. According to our findings, NAPs on business and human rights in most states demonstrate resemblance to the traits of experimentalist governance. In particular, our analysis points to the emergence of relatively sophisticated and demanding institutional governance mechanisms within NAPs — including the institutionalisation of complex deliberative processes. Nevertheless, our paper also identifies some significant shortcomings in NAPs, related to the lack of inclusion of vulnerable groups and the lack of explicit indicators and targets. Publisher PDF

Neoliberalism is a contested concept. The term was coined in the late 1930s/early 1940s to describe the emergent theory shared by different thinkers such as Friedrich Hayek, Walter Eucken, Henry Simons, Wilhelm Röpke and many others. While the Walter Lippmann Colloquium in 1938 is often considered a crucial moment in the reconstruction of liberalism, little attention has been paid to the process that led Walter Lippmann to become one of the most important contributors to the neoliberal movement. This article argues that focusing on Lippmann’s social philosophy allows a better understanding of the basis of the construction of neoliberalism as well as enhancing understanding of Hayek’s work in the same period. Le néolibéralisme est un concept contesté. Le terme a été introduit à la fin des années 1930 et au début des années 1940 pour décrire une théorie émergente, partagée par différents auteurs, tels que Friedrich Hayek, Walter Eucken, Henry Simons, Wilhelm Röpke et d’autres encore. Le Colloque Walter Lippmann de 1938 est généralement considéré comme un moment fondateur pour la reconstruction du libéralisme, mais peu d’attention a été accordée au processus qui a fait de Walter Lippmann la figure de proue du mouvement néolibéral. Cet article montre, en se centrant sur la théorie sociale et politique de Lippmann, que c’est en partant de cet auteur qu’on peut enrichir notre connaissance de la conception du néolibéralisme et ainsi celle d’autres auteurs néolibéraux, au premier rang desquels Hayek.

Russia’s relations with the European Court of Human Rights (ECtHR) since the time of Russia’s accession to the Council of Europe (CoE) have received a lot of attention on the part of academic scholars, practitioners, and media. Research on the ECtHR became especially important in the context of the twentieth anniversary of Russia’s acceptance of ECtHR jurisdiction that coincided with the unprecedented worsening of relations between Russia and the European countries due to the 2014 Crimea annexation. With voices that consistently advocate Russia’s exit from the CoE (and, consequently, withdrawal from the ECtHR jurisdiction), we believe it necessary to examine Russia-ECtHR relations as they are (re)presented in the academic narrative. Drawing mostly on Russian-language sources, we want to highlight the variety of overarching themes and arguments relating to the crisis caused by the 2015 Constitutional Court Decision. We would like to examine various dimensions of this “crisis,” in order to be able to conclude whether Russia’s reaction to the Markin case and cases of non-compliance that followed was indeed part of a broader strategy of “backlash against international courts” we are currently witnessing worldwide. In the conditions when Russia’s exit from the Council of Europe is as likely as ever, the possibility of the “snowball effect” on the part of other member states threatens undermine the very raison d’etre of the European human rights protection system.

I argue that theoretical developments in the study of the Universal Declaration of Human Rights (UDHR) should occur alongside progress in moral psychology, particularly moral cognition. More specifically, I argue that Universal Moral Grammar (UMG), a model positing an innate, regulative, and universal moral faculty characterizable in terms of rules and principles, fulfills the role of the foundational model needed to usefully conceptualize the UDHR. As such, I provide a detailed account of UMG against competing models in moral psychology. Furthermore, I combine UMG with Talbott’s Historical-Social Process of Moral Discovery and Rawls’s reflective equilibrium to show how the UDHR represents a major development in moral exploration, one indicating a more penetrative look into the inner moral nature of humans that attempts to reach, but does not attain, one interpretation of reflective equilibrium tied to cognitive moral psychology.

In classical literature on Islamic human rights, the concepts of dignity and honour are used interchangeably. Distinguishing modern and pre-modern conceptions of human life’s value, dignity represents a value everyone possesses simply in virtue of being human, regardless of social hierarchy or religious preference. Honour, on the contrary, demonstrates a status which someone achieves because of a religious or societal preference. I will explain this difference further, relying on the works of Peter Berger and Charles Taylor. Afterwards, I argue that a large group of Muslim scholars who have tried to articulate a coherent Islamic version of human rights have neglected this crucial difference. I will focus my discussion on two scholars, Abdulaziz Sachedina and Mohammad Hashim Kamali, as examples of scholars who have neglected the difference. My conclusion is that anybody who intends to confront this topic must be clear about the difference between dignity and honour; otherwise, any argument for the compatibility or incompatibility in question is doomed to failure.

In this paper, I analyse Rahel Jaeggi’s socio-ontological account of forms of life. I show that her framework is a two-sided one, since it involves an understanding of forms of life both as inert b...