Between Desire and Reason


Book Description

Respect for and promotion of human rights have come to be seen as the basis of legitimacy of modern Western civilization. There is nevertheless a striking contrast between our common view on the importance of rights and our profound disagreement on their meaning and content. This disagreement has become increasingly sharp in the last decades, due to the emergence of controversial “new rights”. This book offers an in-depth account of the most important moral debates, exploring the ethical and political foundations underlying the different understandings of rights. In the first part, the author focuses on the role played by the ideas of “good” and “reason” in the Thomistic-Aristotelian and Kantian traditions; and he compares those concepts with the main currents of contemporary liberalism, which, among other things, focus on our emancipation from the limits of nature. The book attempts to show the dehumanizing effects of denying the relevance of integral human good in defining the scope of human rights and liberties, and offers an alternative way forward for our understanding of human rights in a pluralistic society.




Law in Peace Negotiations


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Democracy in Mexico


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Law and Globalization from Below


Book Description

This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.




Closing the Books


Book Description

An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.




The Extractive Zone


Book Description

In The Extractive Zone Macarena Gómez-Barris traces the political, aesthetic, and performative practices that emerge in opposition to the ruinous effects of extractive capital. The work of Indigenous activists, intellectuals, and artists in spaces Gómez-Barris labels extractive zones—majority indigenous regions in South America noted for their biodiversity and long history of exploitative natural resource extraction—resist and refuse the terms of racial capital and the continued legacies of colonialism. Extending decolonial theory with race, sexuality, and critical Indigenous studies, Gómez-Barris develops new vocabularies for alternative forms of social and political life. She shows how from Colombia to southern Chile artists like filmmaker Huichaqueo Perez and visual artist Carolina Caycedo formulate decolonial aesthetics. She also examines the decolonizing politics of a Bolivian anarcho-feminist collective and a coalition in eastern Ecuador that protects the region from oil drilling. In so doing, Gómez-Barris reveals the continued presence of colonial logics and locates emergent modes of living beyond the boundaries of destructive extractive capital.




Victors' Justice


Book Description

Victors' Justice is a potent and articulate polemic against the manipulation of international penal law by the West, combining historical detail, juridical precision and philosophical analysis. Zolo's key thesis is that contemporary international law functions as a two-track system: a made-to-measure law for the hegemons and their allies, on the one hand, and a punitive regime for the losers and the disadvantaged, on the other. Though it constantly advertised its impartiality and universalism, international law served to bolster and legitimize, ever since the Tokyo and Nuremberg trials, a fundamentally unilateral and unequal international order.




Labour Rights as Human Rights


Book Description

Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labor rights be implemented in a world in which national labor law is more and more at the mercy of international forces beyond its control? The contributors to this volume argue that international agreements and institutions are of central importance if labor rights are to be protected in a globalized economy, exploring some of the options that are open to governments, civil society, and the labor movement in the years ahead.




Women's Writing in Colombia


Book Description

Winner of the Montserrat Ordóñez Prize 2018 This book provides an original and exciting analysis of Colombian women’s writing and its relationship to feminist history from the 1970s to the present. In a period in which questions surrounding women and gender are often sidelined in the academic arena, it argues that feminism has been an important and intrinsic part of contemporary Colombian history. Focusing on understudied literary and non-literary texts written by Colombian women, it traces the particularities of Colombian feminism, showing how it has been closely entwined with left-wing politics and the country’s history of violence. This book therefore rethinks the place of feminism in Latin American history and its relationship to feminisms elsewhere, challenging many of the predominant critical paradigms used to understand Latin American literature and culture.




Belonging Beyond Borders


Book Description

Belonging Beyond Borders maps the evolution of cosmopolitanism in Spanish American narrative literature through a generational lens. Drawing on a new theoretical framework that blends intellectual studies and literary history with integrated approaches to Spanish American narrative, this book traces the evolution from aesthetic cosmopolitanism through anti-colonial nationalism to modern political cosmopolitanism. Cosmopolitanism in Latin America has historically been associated with colonialism. In the mid-twentieth-century, authors who presented cosmopolitan narratives were harshly criticized by their nationalist peers. However, with the intensification of cultural globalization Spanish American authors have redefined cosmopolitanism, rejecting a worldview that relies on the creation of an other for the definition of the self. Instead, this new generation has both embraced and challenged global citizenship, redefining concepts to address human rights, identity, migration, belonging, and more. Taking the work of Elena Poniatowka, Mario Vargas Llosa, and Jorge Volpi as examples, this book presents innovative scholarship across literary traditions. It shows how Spanish-American authors offer nuanced understandings of national and global affiliations, and identities and untangles the strings of cosmopolitan thought and activism from those of nationalist criticism.