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.

Translated by George Theiner.

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.

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.

In this article, we offer a critical examination of the tendency to segregate discussion of surgical alterations to the male and female genitals into separate compartments- the first known as circumcision, the second as genital mutilation. We argue that this fundamental problem of definition underlies the considerable controversy surrounding these procedures when carried out on minors, and that it hinders objective discussion of the alleged benefits, harms, and risks. We explore the variable effects of male and female genital surgeries, and we propose a scale of damage for male circumcision to complement the World Health Organization's categorization of female genital mutilation. The origins of the double standard identified are placed in historical perspective, and in a brief conclusion we make a plea for greater gender neutrality in the approach to this contentious issue.

This paper has two main objectives. One is to consider the central place of human rights in today's global order and the other is to articulate a theoretical framework that will make sociological sense out of current human rights discourse and practice. Human rights emerged from, but need to be distinguished from, societal rights, and they are to be viewed as social claims upon social power arrangements. In advancing our perspective, special attention is given to the place of organizations in human rights theorizing; at the same time, we delineate some of the highly contested aspects of the endeavor to institutionalize a set of human rights principles.

With the widespread use of artificial intelligence (AI) systems and applications in our everyday lives, accounting for fairness has gained significant importance in designing and engineering of such systems. AI systems can be used in many sensitive environments to make important and life-changing decisions; thus, it is crucial to ensure that these decisions do not reflect discriminatory behavior toward certain groups or populations. More recently some work has been developed in traditional machine learning and deep learning that address such challenges in different subdomains. With the commercialization of these systems, researchers are becoming more aware of the biases that these applications can contain and are attempting to address them. In this survey, we investigated different real-world applications that have shown biases in various ways, and we listed different sources of biases that can affect AI applications. We then created a taxonomy for fairness definitions that machine learning researchers have defined to avoid the existing bias in AI systems. In addition to that, we examined different domains and subdomains in AI showing what researchers have observed with regard to unfair outcomes in the state-of-the-art methods and ways they have tried to address them. There are still many future directions and solutions that can be taken to mitigate the problem of bias in AI systems. We are hoping that this survey will motivate researchers to tackle these issues in the near future by observing existing work in their respective fields.

Using ethnographic data, this article explores how Muslim women teachers from low-income Pakistani communities employ the notion of “wisdom” to construct and perform their educated subjectivity in a transnational women’s education project. Through Butler’s performativity framework, I demonstrate how local and global discourses overlap to shape narratives that define individual rights as well as family honor as part of the educated subjectivity of Pakistani Muslim women.