Understanding Social Action, Promoting Human Rights

Understanding Social Action, Promoting Human Rights

In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.

Socializing States

Promoting Human Rights through International Law

Socializing States

The role of international law in global politics is as poorly understood as it is important. But how can the international legal regime encourage states to respect human rights? Given that international law lacks a centralized enforcement mechanism, it is not obvious how this law matters at all, and how it might change the behavior or preferences of state actors. In Socializing States, Ryan Goodman and Derek Jinks contend that what is needed is a greater emphasis on the mechanisms of law's social influence--and the micro-processes that drive each mechanism. Such an emphasis would make clearer the micro-foundations of international law. This book argues for a greater specification and a more comprehensive inventory of how international law influences relevant actors to improve human rights conditions. Substantial empirical evidence suggests three conceptually distinct mechanisms whereby states and institutions might influence the behavior of other states: material inducement, persuasion, and what Goodman and Jinks call acculturation. The latter includes social and cognitive forces such as mimicry, status maximization, prestige, and identification. The book argues that (1) acculturation is a conceptually distinct, empirically documented social process through which state behavior is influenced; and (2) acculturation-based approaches might occasion a rethinking of fundamental regime design problems in human rights law. This exercise not only allows for reexamination of policy debates in human rights law; it also provides a conceptual framework for assessing the costs and benefits of various design principles. While acculturation is not necessarily the most important or most desirable approach to promoting human rights, a better understanding of all three mechanisms is a necessary first step in the development of an integrated theory of international law's influence. Socializing States provides the critical framework to improve our understanding of how norms operate in international society, and thereby improve the capacity of global and domestic institutions to build cultures of human rights,

Law, Reason, and Emotion

Law, Reason, and Emotion

What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.

Human Rights, State Compliance, and Social Change

Assessing National Human Rights Institutions

Human Rights, State Compliance, and Social Change

National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.

Back to Basics

State Power in a Contemporary World

Back to Basics

No scholar better exemplifies the intellectual challenges foisted on the Neorealist school of international relations than prominent scholar Stephen Krasner (Graham H. Stuart Professor of International Studies, the Senior Associate Dean for the Social Sciences, School of Humanities & Sciences, and Director of Policy Planning at the US State Department 2005-2007). Throughout his career he has wrestled with realism's promises and limitations. Krasner has always been a prominent defender of realism and the importance of power understood in material terms, whether military or economic. Yet realist frameworks rarely provided a complete explanation for outcomes, in Krasner's analyses, and much of his work involved understanding power's role in situations not well explained by realism. If states seek power, why do we see cooperation? If hegemony promotes cooperation why does cooperation continue in the face of America's decline? Do states actually pursue their national interests or do domestic structures and values derail the rational pursuit of material objectives? Krasner's explanations were as diverse as were the problems. They pushed, to use his phrase, "the limits of realism." Edited by Martha Finnemore and Judith Goldstein, Back to Basics asks scholars to reflect on the role power plays in contemporary politics and how a power politics approach is influential today. The arguments made by the authors in this volume speak to one of three themes that run through Krasner's work: state power and hegemony; the relationship between states and markets; conceptions of the nation state in international politics. These themes appeared regularly in Krasner's scholarship as he wrestled, over his career, with fundamental questions of inter-state politics. Contributors largely agree on the centrality of power but diverge substantially on the ways power is manifest and should be measured and understood. Many of the contributors confronted the same intellectual dilemmas as Krasner in struggling to define power and its relationship to interests, yet their responses are different. Together, these essays explore new ways of thinking about power's role in contemporary politics and demonstrate the concepts continued relevance for both policy and theory.

The Oxford Handbook of Behavioral Economics and the Law

The Oxford Handbook of Behavioral Economics and the Law

The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Human Rights and Social Work

Towards Rights-Based Practice

Human Rights and Social Work

This book argues that incorporating the idea of three 'generations' of human rights allows us to move beyond the limitations of conventional legal frameworks. It examines current human rights issues and shows how a broader understanding of human rights can be used to ground a form of practice that is central to social work, community development and broader human services. The argument extends the idea of human rights beyond the realm of theoretical analysis, and into the arena of professional practice and social action, using a critical theory perspective. This is set within the context of current debates about globalisation and the need to incorporate an internationalist viewpoint into all social work practice. This insightful new international study adds a vital new perspective to the challenge of promoting international human rights.

Social Work, Social Justice & Human Rights

A Structural Approach to Practice

Social Work, Social Justice & Human Rights

The second edition of this popular social work practice text more fully addresses the connection between social justice and human rights.