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This article argues that the systems theory of Niklas Luhmann prepares the ground for a genuinely sociological theory of human rights. Through a presentation of Luhmann’s work on human rights, it describes the historical and sociological processes that make visible why human rights emerge as a central feature of modern society. It is argued that the emergence of fundamental freedoms and human rights can be related to the dominant structure of modern society, that is, functional differentiation. Human rights are considered as a social institution, whereby modern society protects its own structure against self-destructive tendencies. By giving inalienable and equal rights to all human beings, society ensures that the differentiation between different functional subsystems is maintained and at the same time institutionalizes specific mechanisms to increase stability and protection of the individual. The article first examines some features of the systems-theoretical framework that are used to describe and analyse the issue of human rights. Next, it presents a brief overview of the semantic evolution of human rights. This reconstruction focuses on the question how the modern semantics of human rights can be linked to a specific structural societal transformation. The second part of the essay is devoted to the social function of human rights. After focusing on the general function, it makes a distinction between ‘fundamental freedoms’ on the one hand, and the ‘rights of equality’ on the other.

The human rights movement has traditionally focused on documenting abuses, rather than attempting to explain them. In recent years, however, the question of the ‘root causes’ of violations has emerged as a key issue in human rights work. The present article examines this new (or newly insistent) discourse of root causes. While valuable, it is shown to have significant limitations. It foreshortens the investigation of causes; it treats effects as though they were causes; and it identifies causes only to put them aside. With these points in mind, the article counterposes an alternative approach in which the orienting concept is not root causes, but ‘planned misery.’

In this paper, I examine the relationship between sociology and the human rights dis- course. A major segment of the discourse is between Western and nonwestern scholars join- ing the debate from a wide variety of disciplines including law, political science, economics, and demography (Ake 1987; An-Na’im and Deng 1990; Ihonvbere 1994; Kabeer 1994; Mutua 1995; Sen, et al. 1994; Xing 1996, etc.). Sociology has made a poor showing. Perhaps this is due to the more general problem that the discipline, as a whole, lags behind others in applying itself to the human rights debate. Sjoberg and Vaughan argue that sociological theory has hardly been brought to bear on human rights issues. They are worried about “the intellectual myopia of contemporary sociologists regarding human rights” (1993:114). At Žrst glance, sociology appears to be in a strategic position to grapple with human rights issues given its focus on the maintenance of social order, social change, and the construction of new institu- tions. All these can be brought to bear on the problem of human rights.

The Olympic Games are increasingly used by non-governmental organizations to demand transnational forms of accountability from public authorities. This article assesses the effectiveness of transnational public opinion surrounding the Beijing 2008 Olympics, when the pressure of Western public opinion was exerted upon the government of the world's most populous non-Western nation to improve its human rights record. Utilizing the concepts of ‘imagined global community’ and ‘transnational public sphere’, it finds that the Olympic Games had helped to call into existence a transnational public that ran up against the obstacle posed by the incomplete formation of supra-national forms of governance. The International Olympic Committee, a non-governmental organization, was a weak substitute. Because of the strong desire of Chinese people to take part in transnational deliberations, the article concludes with optimism about the potential of transnational public spheres that include Chinese people to develop toward more effective forms of transnational governance. But the IOC must strengthen the voice of its non-Western members, and Western interlocutors, including the media, must accept their share of the responsibility for creating the conditions for egalitarian dialogue.

The article explores a range of themes in the sociology of human rights that arise from recent transformations of war and warfare. Despite declining armed conflict since the end of the Cold War, much military discourse in the post-9/11 context maintains an apocalyptic vision of global threats and total wars. One set of themes relates to changes in the nature and means of wars, such as the use of drones, the robotics revolution and complex irregular warfare. A second set of themes focuses on a dominant global policy context related to ungoverned territories, failed and fragile states and state-building – and the need to develop counterinsurgency states. These two sets of themes currently complement each other and their exploration is intended to demonstrate how a broader geosociology can expand our understanding of human rights beyond the often narrow, normative disciplinary frames within which they are commonly situated.

Much research has shown human rights treaties to be ineffective or even counterproductive, often contributing to greater levels of abuse among countries that ratify them. This article reevaluates the effect of four core human rights treaties on a variety of human rights outcomes. Unlike previous studies, it disaggregates treaty membership to examine the effect of relatively “stronger” and “weaker” commitments. Two-stage regression analyses that control for the endogeneity of treaty membership show that stronger commitments in the form of optional provisions that allow states and individuals to complain about human rights abuses are often associated with improved practices. The article discusses the scholarly and practical implications of these findings.

The authors examine the impact of the international human rights regime on governments' human rights practices. They propose an explanation that highlights a “paradox of empty promises.” Their core arguments are that the global institutionalization of human rights has created an international context in which (1) governments often ratify human rights treaties as a matter of window dressing, radically decoupling policy from practice and at times exacerbating negative human rights practices, but (2) the emergent global legitimacy of human rights exerts independent global civil society effects that improve states’ actual human rights practices. The authors’ statistical analyses on a comprehensive sample of government repression from 1976 to 1999 find support for their argument.

A temporal overlap involving the constructivist turn in sociology and national and transnational human rights struggles has transformed human rights into an important research topic within political sociology.This article establishes the principal sociopolitical research questions in the field of human rights and conducts a review of academic literature on the subject, establishing three main fields of human rights research within the sub-discipline: human rights as the articulating axis for collective action; subject participation in the construction of discourse and the effects of domination and emancipation on this construction; and transformations to the category of citizenship resulting from the challenges posed by global migration

The Coalition of Immokalee Workers (CIW) employs creative playfulness and subversive storytelling in their human rights campaigns and solidarity-building practices. The article focuses on three particular media to illustrate how they construct transnational solidarity: (1) son jarocho music as a medium for organizing the March for Rights, Respect, and Fair Food targeting Publix Supermarkets for human rights abuses like wage theft; (2) mística theater as a medium for organizing the Encuentro gathering to build their campaign against Wendy’s for failing to free their supply chain from worker abuse; and (3) a grassroots community museum as a medium for building support against slavery. Creative playfulness and subversive storytelling contribute to successes built on human rights principles and realized through corporate accountability strategies. The article describes these media, and shows how they overcome challenges of building transnational solidarity. Finally, it suggests how the CIW has influenced recent farmworker strikes in Mexico.