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"Goodale, Mark"
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After International Law: Anthropology Beyond the “Age of Human Rights”
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
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
Human Rights Encounter Legal Pluralism
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
eBook
Neoliberalism, Interrupted
In the 1980s and 1990s, neoliberal forms of governance largely dominated Latin American political and social life. Neoliberalism, Interrupted examines the recent and diverse proliferation of responses to neoliberalism's hegemony. In so doing, this vanguard collection of case studies undermines the conventional dichotomies used to understand transformation in this region, such as neoliberalism vs. socialism, right vs. left, indigenous vs. mestizo, and national vs. transnational. Deploying both ethnographic research and more synthetic reflections on meaning, consequence, and possibility, the essays focus on the ways in which a range of unresolved contradictions interconnect various projects for change and resistance to change in Latin America. Useful to students and scholars across disciplines, this groundbreaking volume reorients how sociopolitical change has been understood and practiced in Latin America. It also carries important lessons for other parts of the world with similar histories and structural conditions.
eBook
Human Rights at the Crossroads
Human Rights at the Crossroads brings together preeminent and emerging voices within human rights studies to think creatively about problems beyond their own disciplines, and to critically respond to what appear to be intractable problems within human rights theory and practice. It provides an integrative and interdisciplinary answer to the existing academic status quo, with broad implications for future theory and practice in all fields dealing with the problems of human rights theory and practice.
eBook
Human rights encounter legal pluralism
This collection deals with the intricacies of enhancing access to human rights in a world that is to a large extent characterised by legal pluralism, ie the co-existence and interaction of various legal orders in the same field of social relations. The point of departure is that the promotion of human rights is a desirable, yet complex undertaking, and that the insights generated within the scholarly tradition of legal pluralism and the 'universality debate' can help elucidate the issues at stake. Aware of numerous misunderstandings and of the mutual suspicion that exists between human rights scholars and legal anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between them. In that endeavour, both legal pluralism and human rights are problematised. Rather than analysing whether legal pluralism is compatible with human rights or whether non-state legal orders either comply with or breach international standards, this book focuses on the question: how does legal pluralism interplay with the promotion of human rights?
The contributors draw on experiences from Latin America, sub-Saharan Africa, Europe, Asia and the Middle East.
eBook