AbstractHuman rights advocates continue to use shaming as a central tool despite recognizing its declining effectiveness. Shame is indeed a potent motivator, but its effects are often counterproductive for this purpose. Especially when wielded by cultural outsiders in ways that appear to condemn local social practices, shaming is likely to produce anger, resistance, backlash, and deviance from outgroup norms, or denial and evasion. Shaming can easily be interpreted as a show of contempt, which risks triggering fears for the autonomy and security of the group. In these circumstances, established religious and elite networks can employ traditional normative counter-narratives to recruit a popular base for resistance. If this counter-mobilization becomes entrenched in mass social movements, popular ideology, and enduring institutions, the unintended consequences of shaming may leave human rights advocates farther from their goal.
AbstractThe world's understanding of the action needed to advance human rights is deeply structured by the 'respect, protect, and fulfill' framework. But its potential is significantly undermined by a narrow conception of 'respect' for human rights. This paper systematically addresses these weaknesses and advances an original alternative. It first provides a historical account of the 'do no harm' conception of 'respect' in the political context of the late Cold War. It then analyzes this conception's empirical functioning today, using the example of unauthorized migration along the US–Mexico border. These points illustrate an overarching theoretical argument: the responsibility to respect human rights should be based on a responsibility not to dehumanize, rather than exclusively on a duty to do no harm. This involves the consideration of each person as a moral equal, the elevation of human rights practice as a basis for judgment inside of a moral agent's self, and the rejection of state-centrism as the basis for all political responsibility. This argument has implications traversing the theory and practice of human rights, including: the ability to translate and embed into practice the new meanings of 'respect,' 'protect,' and 'fulfill'; and the need to re-consider the contemporary significance of 1980s liberalism.
AbstractThis article adds to the emergent body of constitutional-theoretical research on populist government. It argues that constitutional analysis has specific importance in explaining the hostility to global legal norms that characterizes many populist or neo-nationalist polities. However, it argues that more classical perspectives in constitutional theory have not provided adequate explanations for this phenomenon. This is because constitutionalism itself misunderstands the sociological foundations of constitutional democracy and it promotes normative models of democracy, based in theories of popular sovereignty and constituent power, which create a legitimational space in which populism can flourish. In contrast, this article sets out a historical-sociological account of national democracy, explaining how democracy has been formed through processes of global norm construction. As a result, the basic subjects imputed to democracy by both constitutionalism and populism only became real on global normative foundations. In advancing these claims, this article presents a global-sociological critique of populism, explaining that populism evolves where the realities of democratic formation enter conflict with the norms of constitutional theory. In so doing, it offers a sociological theory of constitutional democracy that might help to avert democratic self-subversion.