Virtual Library

This is the story behind another story. Inspired by the anthropological practice of reflexivity, it traces some practical, epistemological, ethical, and existential questions behind a book based on empirical socio-legal research into international criminal law in situations of conflict. The challenges involved in such research are at times impossible to overcome. Indeed, the challenges may be such that the researcher will never be able to answer her original question fully and confidently. However, challenges can be findings in themselves. They may reveal insights into the role of law in a society, the limitations of vocabularies, the overexposure of international criminal law and inequalities in global knowledge production. Rather than merely obstructing research into a topical issue, challenges may shift the researcher’s attention to other, more fundamental, questions. Nonetheless, understanding challenges as findings does not resolve the existential problem of the researcher’s possible complicity in maintaining the very challenges that she analyses and perhaps ambitiously tries to overcome.

This paper draws on regulatory governance scholarship to argue that the analytic phenomenon currently known as ‘Big Data’ can be understood as a mode of ‘design-based’ regulation. Although Big Data decision-making technologies can take the form of automated decision-making systems, this paper focuses on algorithmic decision-guidance techniques. By highlighting correlations between data items that would not otherwise be observable, these techniques are being used to shape the informational choice context in which individual decision-making occurs, with the aim of channelling attention and decision-making in directions preferred by the ‘choice architect’. By relying upon the use of ‘nudge’ – a particular form of choice architecture that alters people’s behaviour in a predictable way without forbidding any options or significantly changing their economic incentives, these techniques constitute a ‘soft’ form of design-based control. But, unlike the static Nudges popularised by Thaler and Sunstein [(2008). Nudge. London: Penguin Books] such as placing the salad in front of the lasagne to encourage healthy eating, Big Data analytic nudges are extremely powerful and potent due to their networked, continuously updated, dynamic and pervasive nature (hence ‘hypernudge’). I adopt a liberal, rights-based critique of these techniques, contrasting liberal theoretical accounts with selective insights from science and technology studies (STS) and surveillance studies on the other. I argue that concerns about the legitimacy of these techniques are not satisfactorily resolved through reliance on individual notice and consent, touching upon the troubling implications for democracy and human flourishing if Big Data analytic techniques driven by commercial self-interest continue their onward march unchecked by effective and legitimate constraints.

In 1992, amidst the riots the broke out after the acquittal of the officers that brutally beat Rodney King, Sylvia Wynter penned this open letter to her colleagues in academia. This letter highlights the classification of the case as “NHI”, or “No Humans Involved”, which was typical police parlance for incidences involving Black males and articulates how it supports acts of oppression at the hands of police through dehumanizing Black people.

A Band of Noble Women brings together the histories of the women's peace movement and the black women's club and social reform movement in a story of community and consciousness building between the world wars. Believing that achievement of improved race relations was a central step in establishing world peace, African American and white women initiated new political alliances that challenged the practices of Jim Crow segregation and promoted the leadership of women in transnational politics. Under the auspices of the Women's International League for Peace and Freedom (WILPF), they united the artistic agenda of the Harlem Renaissance, suffrage-era organizing tactics, and contemporary debates on race in their efforts to expand women's influence on the politics of war and peace. Plastas shows how WILPF espoused middle-class values and employed gendered forms of organization building, educating thousands of people on issues ranging from U.S. policies in Haiti and Liberia to the need for global disarmament. Highlighting WILPF chapters in Philadelphia, Cleveland, and Baltimore, the author examines the successes of this interracial movement as well as its failures. A Band of Noble Women enables us to examine more fully the history of race in U.S. women's movements and illuminates the role of the women's peace movement in setting the foundation for the civil rights movement.

Translated by George Theiner.

In Simón, the Argentine Supreme Court held that two amnesty laws, adopted in the late 1980s in order to shield authors of serious human rights violations committed during the so-called ‘Dirty War’ (1976–1983), were unconstitutional and void. Although the Argentine Congress had already repealed the two laws in 2003, uncertainty about the validity of this parliamentary decision had led to some controversy. With its decision in Simón, the Supreme Court puts an end to the legal uncertainty concerning the prosecution of serious human rights violations committed under the military regime and definitively clears the path for judicial actions against their authors. Setting aside deeply rooted national legal principles — such as statutory limitations, the principle of legality and amnesties — the Argentine Supreme Court has confirmed the role of human rights principles and of public international law in general in dealing with the most heinous crimes against humanity.

Under the guarantee of the League of Nations, Jews in most of Upper Silesia— an area encompassing nearly 1.5 million residents and around 10,000 Jews in 1933—were subject to special minority protections that barred Nazi discrimination on the basis of religion.  League-enforced limits on antisemitism in this eastern corner of the Reich amounted to an accident of history, born of a Polish-German treaty after World War I. While these protections remain largely unknown to German historians today, they were far from obscure in their time and place. Herbert Levy was one among hundreds of Jews who used international law to challenge Nazi antisemitic repression. Through appeals to the League, Jewish leaders in Upper Silesia secured from Nazi Germany a truly exceptional legal concession: from August 1934 until July 1937, all antisemitic laws were declared null and void in the region. Freedoms impossible to obtain elsewhere in Nazi Germany became commonplace in Upper Silesia. Jewish

bureaucrats and doctors held onto their jobs, Jewish Gemeinde continued to receive state subsidies, and perhaps most substantively, Jews and non-Jews married each other beyond the legal reach of the 1935 Nuremberg Laws.

Evelyn is a Creole woman who comes of age in New Orleans at the height of World War II. Her family inhabits the upper echelon of Black society, and when she falls for no-account Renard, she is forced to choose between her life of privilege and the man she loves.

In 1982, Evelyn's daughter, Jackie, is a frazzled single mother grappling with her absent husband's drug addiction. Just as she comes to terms with his abandoning the family, he returns, ready to resume their old life.

Jackie's son, T.C., loves the creative process of growing marijuana more than the weed itself. He was a square before Hurricane Katrina, but the New Orleans he knew didn't survive the storm. Fresh out of a four-month stint for drug charges, T.C. decides to start over--until an old friend convinces him to stake his new beginning on one last deal.

For Evelyn, Jim Crow is an ongoing reality, and in its wake new threats spring up to haunt her descendants. A Kind of Freedom is an urgent novel that explores the legacy of racial disparity in the South through a poignant and redemptive family history.

A Most Uncertain Crusade traces and analyzes the emergence of human rights as both an international concern and as a controversial domestic issue for US policy makers during and after World War II. Rowland Brucken focuses on officials in the State Department, at the United Nations, and within certain domestic non-governmental organizations, and explains why, after issuing wartime declarations that called for the definition and enforcement of international human rights standards, the US government refused to ratify the first UN treaties that fulfilled those twin purposes. The Truman and Eisenhower administrations worked to weaken the scope and enforcement mechanisms of early human rights agreements, and gradually withdrew support for Senate ratification. A small but influential group of isolationist–oriented senators, led by John Bricker (R-OH), warned that the treaties would bring about socialism, destroy white supremacy, and eviscerate the Bill of Rights. At the UN, a growing bloc of developing nations demanded the inclusion of economic guarantees, support for decolonization, and strong enforcement measures, all of which Washington opposed. 

Prior to World War II, international law considered the protection of individual rights to fall largely under the jurisdiction of national governments. Alarmed by fascist tyranny and guided by a Wilsonian vision of global cooperation in pursuit of human rights, President Roosevelt issued the Four Freedoms and the Atlantic Charter. Behind the scenes, the State Department planners carefully considered how an international organization could best protect those guarantees. Their work paid off at the 1945 San Francisco Conference, which vested the UN with an unprecedented opportunity to define and protect the human rights of individuals. 

After two years of negotiations, the UN General Assembly unanimously approved its first human rights treaty, the Genocide Convention. The UN Commission on Human Rights (UNCHR), led by Eleanor Roosevelt, drafted the nonbinding Universal Declaration of Human Rights in 1948. Subsequent efforts to craft an enforceable covenant of individual rights, though, bogged down quickly. A deadlock occurred as western nations, communist states, and developing countries disagreed on the inclusion of economic and social guarantees, the right of self-determination, and plans for implementation. 

Meanwhile, a coalition of groups within the United States doubted the wisdom of American accession to any human rights treaties. Led by the American Bar Association and Senator Bricker, opponents proclaimed that ratification would lead to a U.N. led tyrannical world socialistic government. The backlash caused President Eisenhower to withdraw from the covenant drafting process. Brucken shows how the American human rights policy had come full circle: Eisenhower, like Roosevelt, issued statements that merely celebrated western values of freedom and democracy, criticized human rights records of other countries while at the same time postponed efforts to have the UN codify and enforce a list of binding rights due in part to America's own human rights violations.

A public sociology that will tackle the public issues of today requires the transformation of sociology as we know it. This is the stirring message of this volume—at the heart of sociology must lie a concern for society as such, the protection of those social relations through which we recognize each other as humans. Thus, the chapters focus on those fundamental human rights that uphold human community, first and foremost, against the colonizing projects of states and markets. In this vision of sociology, as Judith Blau and Alberto Moncada (2005) underline in their book Human Rights: Beyond the Liberal Vision, society can no longer be taken for granted. The devastation of soci- ety—whether in civil war or in famine, in prison or in ghetto—cannot be consigned to some marginal specialty or to some other discipline. Rather it must be the principle focus of our discipline, casting into relief threats to society’s very existence.