What are we doing, what have we been doing? We’ve been re-establishing the rights of the People. —Nicaraguan Vice President and First Lady Rosario Murillo As I write in April 2018, social media is erupting in response to an outbreak of state
Populist and Peasant Conceptions of Entitlement in Rural Nicaragua
The Problem of Political Modernity in the Islamic World
Michael J. Thompson
This paper considers the roots of the dissonance between political modernity and Islamic societies. It argues that primacy has to be given to the analysis of different paradigms of 'ethical life' which are ways in which ethical-political categories are organized within society. A distinction is made between 'nomocentric' and 'rights-based' paradigms of ethical life, the former associated with a system of moral duties and the latter with a system of political and ethical rights accorded to the individual. I argue that the emphasis on a nomocentric paradigm of ethical life has the effect of suppressing the development of a rights-based ethical and political discourse in large enough segments of the society to limit a progressive change toward political modernity. I further analyze the ways in which forces of social and economic modernisation play a role in antagonizing the relation between modernity and the more traditional forms of ethical life which predominate in Islamic society and political/ethical thought.
Evenki Concerns Regarding the Proposed Eastern Siberia-Pacific Ocean Pipeline
Gail Fondahl and Anna Sirina
Indigenous peoples' rights to a healthy environment and to be able to participate in decisions affecting their environment are increasingly recognized in Russian law. In this article we explore the case of the Evenki living at the north end of Lake Baikal, who are faced with the construction of an oil pipeline through their home-land. The Evenki perceive significant potential risks to their livelihoods and lifeways due to potential environmental degradation from the pipeline, risks that destabilize their substantive rights. They also express frustration over their inability to participate in the pipeline planning—their procedural rights to decision making are not being realized. While the pipeline project is currently stymied over environmental concerns, environmental and cultural justice concerns of indigenous peoples could pose considerable de jure obstacles to its future progress, given the pipeline construction company's disregard of indigenous rights.
Towards a Compatibilist View
That human rights are new, alien, and incompatible with African social and political reality is pervasive in much of African social and political thinking. This supposition is based on the assumption that African societies are inherently communitarian, and hence inconsiderate to the guaranteeing and safeguarding of individual human rights. However, I seek to dispel this essentialist notion in African social and political thinking. I consider how the human rights discourse could be reasonably understood in the African traditional context if the thinking that is salient in the African communitarian view of existence is properly understood. After considering the way in which human rights are guaranteed within an African communitarian framework, I give reasons why the quest for individualistic human rights in Afro-communitarian society could be considered to be an oxymoron. Overall, I seek to establish that an Afro-communitarian model is compatible with the quest for the universality of human rights.
An Article on the African Philosophy of Rights
A common communitarian criticism of rights discourse picks at the individualistic picture of rights which is said to presuppose a society where persons are conscious of their separateness. In contrast, an African communitarian society is said to put less emphasis on individual interests; it encourages harmony, not divergence of interests, competition, and conflict. Thus, preoccupation with rights would be incompatible with and even hostile to the possibility of community. This article argues the opposite; it submits that rights and community are mutually constitutive. To this end, I explore T. H. Green’s social recognition thesis which reconceptualises rights and obligations in a teleological framework. When conceived in this fashion, rights transcend antithetical relations between individuals and society as typified by classical natural rights thinkers. I argue that, considering a normative significance of the common good, a compelling account of rights in African philosophy is better conceived in a teleological framework.
Siseko H. Kumalo
The historical debate, in African philosophy, on personhood has been characterised by radical and moderate communitarianism seen through the scholarship of Menkiti (1984) and Gyekye (1997) and continues contemporarily with scholars considering its implications on contemporary conceptions of rights.
Responding to Chemhuru’s compatibilist view that, he maintains, safeguards and guarantees individual rights, I showcase how his conception of the community as prior to the individual betrays his project. Using the African Charter on Human and Peoples Rights to contextualise rights discourse in Afro-communitarianism, Chemhuru avers that once collective rights have been gained, individuals can claim their rights. I critique this position to suggest that Chemhuru undermines his own project of compatibilism through placing the community prior to the individual. Using the Civil Union Act (2006) as a legislative framework that safeguards and guarantees individual human rights, I test Chemhuru’s compatibilist view. I conclude by highlighting the divergences between constitutionalism and Afro-communitarianism.
Moving beyond Migrants’ Rights
Sin Yee Koh
Introduction The invitation to write this essay has been timely. I am in the midst of teaching an undergraduate course on migration in the twenty-first century in which I explore, with my students, questions about the differential rights
A Posthumanist Approach to Law?
of things” he argues for the rights of objects. This turns objects into political subjects ( Latour 2004 ), thereby overcoming the systematic propensity of modernity to think in terms of subject/object dualism. A non-modern constitution is needed, as
Thought: Power Dynamics in Knowledge Production of Political Thought’ and ‘Liberty through Political Representation and Rights Recognition’ seem to be very different articles. Boisen and Murray use FIP as an inspiration to think about the power of ideas
Interactional Impacts on Claimants of Chinese Dibao
Jian Chen and Lichao Yang
which to discuss how dibao and shame are intrinsically connected in relation to discretion, rights, and negotiation. The Dibao System in China Chinese society is characterized by a strong rural-urban dichotomy. Most government policies are shaped by