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Canon in Comparative Constitutional Law
In: Redefining Comparative Constitutional Law (Vicki Jackson & Madhav Khosla eds., Oxford University Press, forthcoming 2024)
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Isolation and Globalization: The Dawn of Legal Education in Bhutan
In: The Globalization of Legal Education (Bryant Garth, Anthea Roberts & Gregory Shaffer eds., CUP, Forthcoming
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The Global Language of Human Rights: A Computational Linguistic Analysis
In: Law & ethics of human rights, Band 12, Heft 1, S. 111-150
ISSN: 1938-2545
Abstract
Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law?
Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world's leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns.
The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community.
The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law.
Imposed Constitutions and Romantic Constitutions
In: The Law and Legitimacy of Imposed Constitutions (Albert, Contiades & Fotiadou eds., Routledge 2018 Forthcoming)
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Alternatives to Liberal Constitutional Democracy
In: 77 Maryland Law Review 223 (2017)
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The Global Language of Human Rights: A Computational Linguistic Analysis
In: Washington University in St. Louis Legal Studies Research Paper Forthcoming
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Judicial Comparativism and Judicial Diplomacy
In: 163 University of Pennsylvania Law Review 927 (2015)
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The Myth of the Imposed Constitution
In: The Social and Political Foundations of Constitutions (Denis Galligan & Mila Versteeg eds., Cambridge University Press 2013, pp. 239-68)
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The Anatomy of a Conservative Court: Judicial Review in Japan
In: Public Law in East Asia (Albert H.Y. Chen & Tom Ginsburg eds., Ashgate 2013)
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How to Rig the Federal Courts
In: Georgetown Law Journal, Band 99, S. 779
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Judicial Independence
In: THE INTERNATIONAL ENCYCLOPEDIA OF POLITICAL SCIENCE, Band 5, S. 1369-1372
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Working paper
A Theory of Judicial Power and Judicial Review
In: Georgetown Law Journal, Band 97, S. 723
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Studies on Trotsky
In: The journal of communist studies, Band 2, Heft 1, S. 83-90