Questioning Samuel Moyn’s Revisionist History of Human Rights

2016 ◽  
Vol 38 (2) ◽  
pp. 411-425 ◽  
Author(s):  
Sarita Cargas
2019 ◽  
Vol 33 (2) ◽  
pp. 338-356
Author(s):  
Tim Dunne ◽  
Nicholas J Wheeler

Human rights have been in the practice of international relations, but they have not been central to academic thinking on International Relations (IR) for most of the century since the discipline became institutionalized in 1919. We suggest two related reasons for this relative neglect by the IR community. First, the US heartland of IR prioritized other institutions of international order during the 1950s and 1960s, primarily the balance of power, diplomacy, and arms control. Second, human rights were treated with suspicion by realists in particular given their view that morality in foreign policy was potentially disruptive of international order. If the emergent discipline of IR largely ignored the 1948 Universal Declaration of Human Rights, so did the rest of the world according to the revisionist history of human rights offered by Samuel Moyn. He challenges the idea that the birth of the regime was the culmination of a 150-year struggle that began in the minds of Enlightenment thinkers and ended with a new globalized framework of rights for all. While IR was slow to come to human rights, the pace in the last three decades has quickened considerably; the area of protecting the basic right of security from violence being a case in point, where several IR scholars have been pivotal in the development of action-guiding theory. Developing a critical theme in Carr’s The Twenty Years’ Crisis 1919-1939, we consider whether these institutional developments represent great illusions or great transformations in international relations in Carr’s terms.


Author(s):  
Kiyoteru Tsutsui

This chapter examines the complicated history of Zainichi, Korean residents in Japan, who came to Japan during the colonial era. After 1945, Zainichi lost all citizenship rights and had to fight for many rights, but the division in the Korean peninsula cast a shadow over Zainichi communities, hampering effective activism for more rights in Japan. Focusing on the issue of fingerprinting—the most salient example of rights violations against Zainichi—the chapter demonstrates how, since the late 1970s, global human rights principles have enabled Zainichi to recast their movement as claims for universal rights regardless of citizenship and to use international forums to pressure the Japanese government, leading to the abolition of the fingerprinting practice. Zainichi achieved similar successes in other areas of rights except for political rights, where international norms do not clearly support suffrage for noncitizens. Zainichi also contributed to global human rights by advancing rights for noncitizen minorities.


Author(s):  
Jeffrey Flynn
Keyword(s):  

This commentary on essays by Koskenniemi, Brett, Moyn, and Tasioulas analyses the relations between several ways of doing the history of human rights—depending on whether they focus on the substance, range of application, or political salience of human rights—and ways of doing the philosophy of human rights. More specifically, it argues that Moyn and Tasioulas are talking past each other when debating how we should think about the function of human rights. It concludes by considering topics on which philosophers and historians might fruitfully collaborate in thinking about human rights.


Author(s):  
Lyndsey Stonebridge

Hannah Arendt’s analysis of the failure of human rights to address statelessness is well known. Less commented upon is how important literature was to her thought. This chapter shows how Arendt’s 1940s essays on Kafka connect the history of the novel to shifting definitions of legal and political sovereignty. Arendt reads The Castle as a blueprint for a political theory that is also a theory of fiction: in the novel K, the unwanted stranger, demolishes the fiction of the rights of man, and with it, the fantasy of assimilation. In a parallel move, Kafka also refuses to assimilate his character into the conventions of fiction. Arendt’s reading changes the terms for how we might approach the literature of exile and of human rights.


2019 ◽  
Vol 11 (2) ◽  
pp. 324-333
Author(s):  
Tobias Kelly

Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.


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