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"Goodale, Mark"
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AFTER INTERNATIONAL LAW
This essay examines the ways in which anthropologists have tracked the rise and fall of international law after the end of the Cold War. It argues that anthropological research has made important contributions to the wider understanding of international law as a mechanism for social and political change, a framework for protecting vulnerable populations, and a language through which collective identities can be expressed and valorized. Yet, over time, international law has lost many of these expansive functions, a shift that anthropologists have also studied, although with greater reluctance and difficulty. The essay explains the ways in which particular categories of international law, such as human rights and international criminal justice, grew dramatically in importance and power during the 1990s and early 2000s, a shift whose complexities anthropologists studied at the local level. As the essay also explains, anthropological research began to detect a weakening in human rights implementation and respect for international legal norms, a countervailing shift that has broader implications for the possibilities for international cooperation and the resolution of conflicts, among others. At the same time, the retreat of international law from its highpoint in the early post-Cold War years has given way to the reemergence of non-legal strategies for advancing change and accounting for past injustices, including strategies based on social confrontation, moral shaming, and even violence.
Journal Article
Reclaiming modernity: Indigenous cosmopolitanism and the coming of the second revolution in Bolivia
In this article I explore the emergence of complicated new forms of indigeneity in Bolivia over the last 15 years. I argue that although what I describe as a second revolution is under way in contemporary Bolivia, there is a danger that this revolution will be misread by scholars, political commentators, and others because of the prevailing tendency to interpret social and moral movements in Bolivia (and elsewhere) in rigidly neopolitical-economic terms. I offer an alternative theoretical framework for understanding current developments in Bolivia, which I describe as \"indigenous cosmopolitanism\": the ability of national political leaders, youth rappers in El Alto, rural indigenous activists, and others to bring together apparently disparate discursive frameworks as a way of reimagining categories of belonging in Bolivia, and, by extension, the meanings of modernity itself.
Journal Article
The Picture of Human Rights
This article considers the ways in which the social sciences can and should be a critical friend to the field of human rights. After surveying a selected number of recent interventions that depict the current status of human rights in quite different, even opposing, ways, the article concludes on a guardedly optimistic note: that well-meaning critiques of human rights can play an important role in reforming the broader human rights enterprise, but only if they are grounded in a realistic assessment of the ultimate limitations of human rights in the face of the most important present and looming global challenges.
Journal Article
The Picture of Human Rights
This article considers the ways in which the social sciences can and should be a critical friend to the field of human rights. After surveying a selected number of recent interventions that depict the current status of human rights in quite different, even opposing, ways, the article concludes on a guardedly optimistic note: that well-meaning critiques of human rights can play an important role in reforming the broader human rights enterprise, but only if they are grounded in a realistic assessment of the ultimate limitations of human rights in the face of the most important present and looming global challenges.
Journal Article
Human values and moral exclusion
This article uses empirical data from the anthropology of human rights and the ethics of everyday life to examine the relationship between dominant value frames, moral action, and the rise of 'counter-humanities' in the form of cultural identitarianism, racial and class-based nationalism, apocalyptic theologies, and nativist populism. This article focuses, in particular, on the emergence and growing power of the value frame of human rights in the post-Cold War period and argues that the more recent spread of violent movements based in forms of moral exclusion was an ironic consequence of the power of human rights. After considering, and then rejecting, the possibility that citizenship can stand in for 'humanity' as a more sustainable value frame, the article concludes with an argument for the promise of a post-utopian solidarity inspired by the humanism of Montaigne and More and the pluralism of Berlin.
Journal Article
Anthropology and Law
An introduction to the anthropology of law that explores
the connections between law, politics, and technology From
legal responsibility for genocide to rectifying past injuries to
indigenous people, the anthropology of law addresses some of the
crucial ethical issues of our day. Over the past twenty-five years,
anthropologists have studied how new forms of law have reshaped
important questions of citizenship, biotechnology, and rights
movements, among many others. Meanwhile, the rise of international
law and transitional justice has posed new ethical and intellectual
challenges to anthropologists. Anthropology and Law
provides a comprehensive overview of the anthropology of law in the
post-Cold War era. Mark Goodale introduces the central problems of
the field and builds on the legacy of its intellectual history,
while a foreword by Sally Engle Merry highlights the challenges of
using the law to seek justice on an international scale. The book's
chapters cover a range of intersecting areas including language and
law, history, regulation, indigenous rights, and gender. For a
complete understanding of the consequential ways in which
anthropologists have studied, interacted with, and critiqued, the
ways and means of law, Anthropology and Law is required
reading.
eBook
Reinventing human rights
A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice.
Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal.
Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the \"practice of human rights.\" Rather than a priori claims to universality, he calls for a working theory of human rights defined by \"translocality,\" a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity.
This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.
eBook
Justice in the Vernacular: An Anthropological Critique of Commensuration
This article examines the far-reaching implications of Sally Engle Merry’s seminal multi-sited research on human rights measurement and monitoring. As she argued, human rights indicators, which form the basis for measurement, depend upon a highly elaborate, and largely obscured, process of commensuration. Through commensuration, complex social, legal, and economic phenomena are treated as variables that can be measured using statistical procedures that flatten the underlying complexities. Commensuration, in this sense, takes place at all levels: local, subnational, national, and international. At each stage, the process of “measuring justice” through commensuration has the paradoxical effect of becoming more precise as variables become more detached from the nuances of everyday conflicts. In Merry’s analysis, the global “seductions of quantification” reinforce the dominance of commensurability as an ideology of both scientific validity and social change. Drawing on both Merry’s work and wider comparative research in the anthropology of human rights and justice, this contribution to the symposium argues that the anthropological critique of commensuration carries important lessons for the meanings of “justice” more generally. How can justice be measured at a global level if, as Merry’s research shows, the underlying factors that supposedly reflect injustice are highly specific, contingent, and, most importantly, incommensurable? As a potential way out of this dilemma, the article explores the possibilities of conceptualizing “justice” in the vernacular, an approach grounded in local cultural and ethical realities.
Journal Article