Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-29T02:13:35.060Z Has data issue: false hasContentIssue false

Introduction

Registers of Power

Published online by Cambridge University Press:  29 March 2011

Laura Nader
Affiliation:
University of California Berkeley
Mark Goodale
Affiliation:
George Mason University, Virginia
Sally Engle Merry
Affiliation:
New York University
Get access

Summary

In any discussion of human rights practice it is useful to return to the setting and contexts that preceded the 1948 Universal Declaration of Human Rights. Eleanor Roosevelt was Chair of the United Nations Human Rights Commission, a figure persistent in reminding her collaborators that they were charged with writing a declaration acceptable to all religions, ideologies, and cultures. The delegates from Western Europe, the Eastern Communist countries and Third World nations debated in philosophical terms the future of the declaration of human rights, each from their own particular view – the Chinese representatives insisting that Confucian philosophy be incorporated into the Declaration, the Catholics the teachings of St. Thomas Aquinas, the Liberals advocating the views of John Locke and Thomas Jefferson, and the Communists those of Karl Marx. There were no representatives from the places where indigenous peoples lived, nor from the peoples of Islam (Berger 1981). Eastern countries wanted to confine the charter to social and economic rights. Western countries wanted to inspire borrowings from the American Bill of Rights and the French Declaration of the Rights of Man.

Mrs Roosevelt, who was later nominated, but not awarded, the Nobel Prize had her own vision: “We hope its proclamation by the General Assembly will be an event comparable to the proclamation of the Declaration of the Rights of Man by the French people in 1789, the adoption of the Bill of Rights by the people of the United States, and the adoption of comparable declarations at different times in other countries (Berger 1981: 73).

Type
Chapter
Information
The Practice of Human Rights
Tracking Law between the Global and the Local
, pp. 117 - 129
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Ahmed, Faiz. 2005. “Judicial Reform in Afghanistan: A Case Study in the New Criminal Procedure Code.” Hastings International and Comparative Law Review 29(1): 93–124.Google Scholar
Barfield, Thomas. 2002. “On Local Justice and Culture in Post-Taliban Afghanistan,” Ct Jr of Int'l Law 17: 437.Google Scholar
Berger, Jason. 1981. A New Deal for the World: Eleanor Roosevelt and American Foreign Policy. New York: Social Science Monographs. Columbia University Press.Google Scholar
Falk, Richard. 1992. “Cultural Foundations for the International Protection of Human Rights.” In An-Na'im, Abdullahi Ahmed, ed., Human Rights in Cross-Cultural Perspectives – A Quest for Consensus. PhiladelphiaUniversity of Pennsylvania Press, pp. 44–64.Google Scholar
Meyerstein, Ariel. 2005. “Who's Afraid of Gacaca?: Decolonizing Human Rights Discourse.” Paper presented at the annual meeting of the 2005 Law and Society Association meetings, Las Vegas, NV.
Nader, Laura. 1969. “Up the Anthropologist-perspectives Gained from Studying up.” In Hymes, D., ed., Reinventing Anthropology: New York: Pantheon Press, pp. 285–311.Google Scholar
Nader, Laura. 1989. “The Crown, the Colonists, and the Course of Village Law.” In Starr, June and Collier, Jane, eds., History and Power in the Study of Law. Ithaca: Cornell University Press, pp. 320–344.Google Scholar
Nader, Laura. 1997. “Controlling Processes – Tracing the Dynamic Components of Power,” Mintz Lecture. Current Anthropology 38(5): 711–737.CrossRefGoogle Scholar
Nader, Laura. 1999. “Em um Espelho de Mulher: Cegieira Normative e Questioes nas – Resolvidas de Direitos Humanos.” Horizonetes Antropologicos (10): 61–82. Special Issue on Cidadania e Diversidade Cultural.CrossRefGoogle Scholar
Nader, Laura and Ou, Jay. 1998. “Idealization and Power: Legality and Tradition.” New Directions in Native American Law. Special issue of Oklahoma City University Law Review, 23(82): 13–42.Google Scholar
Nash, June. 1993. We Eat the Mines and the Mines Eat Us – Dependency and Exploitation in Bolivian Tin Mines. New York: Columbian University Press.Google Scholar
Reed, Richard. 2003. “Two Rights Make a Wrong – Indigenous Peoples Versus Environmental Protection Agencies.” In Podolefski, A. and Brown, P., eds., Applying Cultural Anthropology. New York, McGraw Hill.Google Scholar
Renteln, Alison. 1990. International Human Rights: Universalism Versus Relativism. Newbury Park, California: Sage Publications.Google Scholar
Romany, Celino. 1994. “State Responsibility Goes Private.” In Cook, R. J. ed., Human Rights of Women – National and International Perspectives. Philadelphia: University of Pennsylvania Press.Google Scholar
Said, Edward. 1978. Orientalism. New York: Vintage Books.Google Scholar
Shivji, Issa. 2003. “Law's Empire and Empire's Lawlessness: Beyond Anglo-American Law.” Social Justice of Global Development Journal. Available on-line at www2.warwick.ac.uk/fac/soc/law/elj/lgd/2003_1/shivji2/shivji2.rtf. Accessed February 9, 2007.
Taylor, William. 1979. Drinking, Homicide, and Rebellion in Colonial Mexican Villages. Stanford: Stanford University Press.Google Scholar
Wolf, Eric. 1959. Sons of the Shaking Earth. The People of Mexico and Guatemala: Their Land, History and Culture. Chicago: University of Chicago Press.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Edited by Mark Goodale, George Mason University, Virginia, Sally Engle Merry, New York University
  • Book: The Practice of Human Rights
  • Online publication: 29 March 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819193.005
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Edited by Mark Goodale, George Mason University, Virginia, Sally Engle Merry, New York University
  • Book: The Practice of Human Rights
  • Online publication: 29 March 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819193.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Edited by Mark Goodale, George Mason University, Virginia, Sally Engle Merry, New York University
  • Book: The Practice of Human Rights
  • Online publication: 29 March 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511819193.005
Available formats
×