Lecture 2

StudyBlue printing of Lecture 2 html, body, div, span, applet, object, iframe, h1, h2, h3, h4, h5, h6, p, blockquote, pre, a, abbr, acronym, address, big, cite, code, del, dfn, em, font, img, ins, kbd, q, s, samp, small, strike, strong, sub, sup, tt, var, b, u, i, center, fieldset, form, label, legend, table, caption, tbody, tfoot, thead, tr, th, td { margin: 0; padding: 0; border: 0; outline: 0; font-size: 100%; background: transparent; } body { line-height: 1; } blockquote, q { quotes: none; } blockquote:before, blockquote:after, q:before, q:after { content: ''; content: none; } /* remember to define focus styles! */ :focus { outline: 0; } /* remember to highlight inserts somehow! */ ins { text-decoration: none; } del { text-decoration: line-through; } /* tables still need 'cellspacing="0"' in the markup */ table { border-collapse: collapse; border-spacing: 0; } /* end RESET */ .header { min-width:800px; } .logo { padding:6px 20px 2px 20px; margin:0; font-size:25px; font-weight:bold; color:#808285; position:relative; border-bottom: 1px solid #c5c5c5; } .logo-blue { color:#70adc4; } .logo-desc { font-weight:normal; font-size:19px; color:#cccccc; margin-top:50px; position:absolute; display: none; } .back-button { position:absolute; top:20px; right:20px; font-size:13px; line-height:25px; color:rgb(0,175,225); font-weight:normal; } .back-button a { color:rgb(0,175,225); } .instructions { padding:0; margin:0; width:100%; position:relative; color:rgb(100,100,100); } .step-holder { border-left:1px solid #ededed; margin-left:20px; } .steps { padding:15px 0; float:left; width:24%; border-right:1px solid #ededed; text-align:center; } .steps-01 { } .steps-02 { } .steps-03 { } .steps-04 { } .label { padding:5px 10px; } .print-button { } .print-button a { background-color:rgb(0,175,225); color:white; line-height: 19px; padding:9px 8px 5px 30px; font-size:14px; text-decoration:none; background-image: url(images/printer.png); background-repeat: no-repeat; background-position: 7px 50%; -moz-border-radius: 5px; -webkit-border-radius: 5px; } .print-button a:hover { background-color:black; } .theNote .content { width: 8.0in !important; margin: 5px auto; padding:20px; background-color:white; } .theNote .header { border-bottom: 1px dashed #C8C8C8; font-size: 17px; padding: 0 0 10px; line-height: 19px; color: #00ADE1; min-width:500px; } .theNote .body { font-size: 14px; line-height: 19px; padding: 10px 0; } .theNote{ padding:6px 0; clear:both; background-color: rgb(200,200,200); } .theNote h3{ color: rgb(100,100,100); } .theNote h1, .theNote h3{ background-color:white; padding:2px 20px; width:8.0in !important; margin: 0 auto; font-size: 15px; } .theNote h1{ padding-top: 10px; font-size: 15px; } .theNote h1:first-child{ font-size: 20px; } .theNote h3 { font-size: 14px; font-weight: normal; } #options { border: 3px double #ccc; padding: 5px 12px; margin: 10px 50px 10px 20px; float: left; } #info { border-top: 1px solid #ccc; padding-top: 5px; font-style: italic; } li { margin: 5px 10px 5px 25px; } ul li { list-style: disc; } ol li { list-style: decimal; } img { border: 0; } table { clear: both; width: 100%; border: 1px solid #c5c5c5; border-width: 1px 0; margin: 0; page-break-after: always; } table#page { page-break-after: auto; } td { text-align: center; font-size: 12px; border-bottom: 1px dashed #c5c5c5; height: 1.75in; width: 50%; padding-left: 15px; } .leftside { border-right: 1px solid #cccccc; padding: 0 15px 0 0; } .bottom td { border-bottom: none; } .clearfix { clear:both; line-height:1px; height:1px; } img { max-width:80%; max-height:150px; margin:20px; } @media print {.header { display: none; } .content .header{ display:inherit; } table { border: 1px dashed #bbb; border-width: 1px 0; } .theNote{ background-color:white; } } Human Rights: What it is and are they universal? Central questions 1) What do we mean by human rights/ 2) Are or should these rights be universal? Case Study: China Human Rights in China: The Search for Common Ground (2004). Debate on universal vs. relative human rights features prominent scholars on China Prominent theorists of human rights (Jack Donnelly) What are human rights? "The rights one has because one is human" Jack Donnelly, 2003 Critiques just repeating the term (Tautological) what does it mean to be a human being? conception of "universal personhood" contested across cultures and historical periods. Continued disagreement into the contemporary period topic of whether or not the fetus qualifies as a human. if so, abortion is murder. if not, abortion is not human. WWII: demonizing and dehumanizing the Jewish community to commit genocide other examples of a group dehumanizing another group so they can commit various crimes against them, oppress them, enslave them, etc. concept of losing one's humanity so they can be punished with death What Constitutes Personhood? Transatlantic slave trade, institution of slavery: 18th to 19th century although illegal, continued contemporary practices of slavery (human trafficking) Genocides throughout history ideologies mobilized to deny humanity/personhood of groups of people Jews, Armenians, Tutsis, Hutus, Serbs... More contemporaneously: Dafur Ignatieff example - dehumanizing gaze as a Jew, he was evaluated by a Nazi and realized that he wasn't being seen as a human being. His gaze was condescending and looked upon him as an object/animal Hierarchies of personhood: Caste system in India Historically, and contemporaneously, across regions of the world, women denied equal rights because viewed as lesser persons than men Rights of children? How should these be weighed? Abortion debate Largely centers on the question of when personhood begins Not only disagreement about personhood: varying cultural perspectives on How human beings perceive and experience their humanity inevitable disagreement on "rights one has because one is human" Diverse Cultural Perceptions and Experiences of Humanity Liberal individualism Human beings perceived as distinct, autonomous individusal priority/value of rights one holds as an individual over group membership obligations Communitarianism "autonomous" individual = fiction humans first perceive and understand their humanity as members of groups human rights are first about groups rights Competing Conceptions of Types of Entitlements granted by Rights Are rights only a legal entitlement? Also a moral entitlement? 1. Legal entitlement: Rights one has because codified in laws Mobilized through legal appeal 2. Moral entitlement: Rights one should have - grounded in moral philosophy Mobilized through normative appeal Different Conceptions of Rights Mobilized by different Groups States concerned with protecting sovereignty ground conceptions of rights in legal appeals only required to protect and promote those rights they have consented to by law Human rights advocates/victims often ground conceptions of rights in moral appeals What should be done relatively powerless victims ((Economically, politically) able to mobilize these formerly protected rights often the rights are legally protected. many times they are bound by international human rights agreement they have consented to limitations of this strategy: how can they be enforced? Relationship Between these two conceptions? Advances in extending legal protections of human rights often begin with moral appeals by activists and victims of abuse. DeLeat (p.13): "To the extent that the law represents the interests of the powerful, moral appeals have been the weapons of the weak in the global effort to advance human rights" Politics of Human Rights "What makes certain rights universal, moral and important, and who decides?" - Shestack, 1998 process of defining, legitimizing, and promoting human rights is inherently political Even if broad agreement on universality of human rights, disagreement about priorities of rights political and civil? economic, social, cultural? Film: Human Rights in China The Search for Common Ground Which critiques of universal human rights do you find most compelling, and why? In your assessment, do counter arguments by those promoting a univeralist conception effectively address relativists' concerns and arguments? Why? Why not? Thinking and Talking points: Human rights vs. Social Order and stability? special consideration of "developmental" states without strong institutions? do/should exigencies of maintaining social order justify violation of fundamental human rights? is the threat of instability justified or exaggerated? how do we assess whether it's a legit concern, or an excuse for authoritarian regime to maintain power evidence? film segment on Falun Gong movement in China Counterexamples? India? are more open political systems more stable? necessary? the sheer amount of people that are under China's jurisdiction/governance. Do they need a forceful hand to keep them stable? Legitimacy of a development Conceptions of Human Rights? Modernization theory: Economic modernization/development leads to political development (greater protection of political/civil rights) and ultimately leads to democratization Evidence in China? Counterexamples? Risks? are political and civil rights needed in order to know how to proceed with economic and social rights policy? how are political, civil, economic, and social rights related? Notes on film 22% of the human population from China right to education, food, health insurance, etc. universal declaration of human rights. China didn't sign until the 70s when they replaced Taiwan in UN but incongruent with Chinese culture Vienna and Bangkok contract endorsed by Chinese bc it addresses the needs of developing human rights can account for cultural difference the previous declaration they felt was imperialistic imposition different geological, historic, cultural traditions within China as well as different stages of economic progress fundamental principle of organization from family idea of good person defined relationally independent: anti-social, rebellious, heartless culture is based on unity with others. trying to promote independence within them is like trying to reverse their culture relativism: no common ground available. all depends on context but we still want to find that common ground human rights v. social order and stability thousands of years of experiences huge bureaucracy danger in China: if happened too precipitously without warning, they run the risk of chaos without stability, they argue that they cannot move on fear breakdown of social order they cannot afford this political stability more important than individual liberty US can afford to care about independence and freedom other cultures worry that freedom invites chaos. they have experienced such instability to know that there are worse things they argue India is in the same culturally diverse situation. they claim that China is simply still adverse and resistant to change poll: order, participation, then freedom. the countrypeople's rate of priority CHina has never changed central order without bloodshed if China goes out of control, it is a global problem, not just a chinese problem Rule of law - rule by law moved from move by man path to rule by law difficult need for economic freedom and growth (and its potential for human rights) economic rights first, then political rights current strategy called for reforms in advancements in industrial, agrigulture, science and techonology, etc. opened up job creation and international trade China democratizing through its economic efforts optimizing people moving into cities to find jobs to better their economic situtation they now have the liberty to choose but floating populations are a big burden on the cities they are migrating to instituttionalized discrimination laborers are not unable to receive free health care, education, etc. second class citizens that don't have communist or commercialist rights men and younger people go to cities but women stay in the rural areas Discussion China and India comparison faulty China's ranking and definitions of human rights