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 this article, I consider anthropology's engagement with human rights today. Through the lens of my experience in a case brought before the International Labor Organization by a community in Chiapas, Mexico, I consider the ethical, practical, and epistemological questions that arise in research defined by rights activism. I argue that the critical engagement brought about by activist research is both necessary and productive. Such research can contribute to transforming the discipline by addressing the politics of knowledge production and working to decolonize our research process. Rather than seeking to avoid or resolve the tensions inherent in anthropological research on human rights, activist research draws them to the fore, making them a productive part of the process. Finally, activist research allows us to merge cultural critique with political action to produce knowledge that is empirically grounded, theoretically valuable, and ethically viable. 

The concern with ethics in North American cultural anthropology discourages political economy research on unequal power relations and other 'dangerous' subjects. US anthropologists define ethics in narrow, largely methodological terms - informed consent, respect for traditional institutions, responsibility to future researchers, legal approval by host nations, and so on. The responsibility of the researcher to uphold 'human rights' or to document political repression and suffering is not merely dismissed by mainstream anthropology as a partisan issue outside the realm of scholarship, but is actually condemned as ethically problematic. The growing postmodernist deconstructivist approach within US anthropology allows ethnographers to obey their discipline's narrow ethical dictates through a reflexive investigation of the hermeneutics of signs and symbols devoid of political economic social context. Drawing on his fieldwork experiences in Central America, the author argues that anthropologists have a historical responsibility to address larger moral issues because their discipline's traditional research subjects - exotic others in remote Third World settings - are violently being incorporated into the world economy in a traumatic manner that often includes starvation, political repression, or even genocide. Meanwhile, in the name of ethics, North American anthropologists continue to ignore or avoid the human tragedies engulfing their 'research subjects'.

This interdisciplinary article argues that human rights must be understood in terms of opportunities for social participation and that social and economic rights are integral to any discussion of the subject. We offer both a social constructionist and a normative framework for a sociology of human rights which reaches beyond liberal individualism, combining insights from the work of Amartya Sen and from French convention theory. Following Sen, we argue that human rights are founded on the promotion of human capabilities as ethical demands shaped by public reasoning. Using French convention theory, we show how the terms of such deliberation are shaped by different constructions of collectively held values and the compromises reached between them. We conclude by demonstrating how our approach offers a new perspective on spheres of public action and the role these should play in promoting social cohesion, individual capabilities and human rights.

The vocabulary of “reasonableness” invokes a wide margin of discretion that is often needed to temper the excessive rigour of legal rules and to deal with the inevitable problems of over- and under-inclusion associated with application of formal law to individual cases. The acceptability of the use of discretion by a law-applying institution such as the Israeli High Court of Justice is based on the assumption that its preferences and moral sensibilities are broadly reflective of the preferences and sensibilities of the community in which it exercises its jurisdiction. When jurisdiction is exercised in conditions of occupation, however, such consensus cannot be easily presumed. On the contrary, recourse to moral pathos by an institution of the occupying power will appear to normalize its jurisdiction and add an element of hypocrisy to the felt illegitimacy of its possessing jurisdiction in the first place. Moreover, it will undermine the moral and political significance of the fact of the occupation, even diminishing the urgency of bringing it to an end.

In bracketing certain "Western" Enlightenment truths we hold and defend as self-evident at home in order to engage theoretically a multiplicity of alternative truths encoded in our reified notion of culture, anthropologists may be "suspending the ethical" in our dealings with the "other." Cultural relativism, read as moral relativism, is no longer appropriate to the world in which we live, and anthropology, if it is to be worth anything at all, must he ethically grounded. This paper is an attempt to imagine what forms a politically committed and morally engaged anthropology might take.

This paper offers a critical analytic reconstruction of some of the main symbolic properties of annual UN Holocaust and Rwandan genocide commemorations since 2005. Applying a discourse‐historical approach (Wodak and Meyer 2010), it retraces how themes of guilt, responsibility, evil and redemption are woven together across annual commemorative performances in the hope of stabilizing shared patterns of cultural translation of the significance of these atrocities to globally dispersed communities. UN commemorative discourse characteristically links memories of Holocaust and Rwandan trauma in a ‘chain of communication’ with those of other episodes of brutality (e.g., Cambodia, Bosnia and Darfur) chiefly to convey the continuity of human barbarity across time and endorse certain presuppositions regarding the fate of a fallen humanity in this more ‘post‐secular’ age. As scenes of mourning, UN commemorations unite participating international delegations in their expressions of grief for the victims of ‘preventable tragedies’ in the past but also, it must be said, their uncertainty regarding new horrors likely to occur in the future. The duty to remember is reiterated continuously as both a mark of respect to those who have already perished and as a warning of atrocities yet to unfold. This paper explores how the historical constancy of violence is interpreted by the UN through a detailed critical analysis of its recently inaugurated ‘remembrance through education’ programme aimed at a transnational collective learning from atrocity.