Virtual Library

Adopting a long-term historical perspective, this article examines the growing complexity and the internal tensions of state protection in Western Europe and North America. Beginning with Charles Tilly's theory about state building and organized crime, the discussion follows with a critical analysis of T. H. Marshall's article on citizenship. Arguing that state protection has become far more multifaceted than what Marshall's triadic model suggests, the article shows how this protection frequently transcends the logic of individual rights while increasing the reliance of citizens on the modern state. The last section formulates a critique of the idea formulated by theorists like Manuel Castells that globalization favors a rapid decline of state power. Yet, state protection may not necessarily grow indefinitely, and tax cuts, for example, the ones recently enacted in the United States, could seriously jeopardize a state's capacity to raise revenues and effectively fight older and newer forms of insecurity.

This article discusses the transformation of the classical nation-state, as articulated in contemporary struggles for recognition. Elaborating neoinstitutional world polity theory, it analyses global institutional changes that underlie those transformations. It is claimed that the worldwide diffusion of the classical nation-state model itself has had paradoxical consequences, which have in the long run generated a new model of multicultural citizenship, legitimating the decoupling of state membership, individual rights and national identity. The argument is based on empirical evidence from a semantic analysis of international legal discourse on human rights, particularly in the field of religion. Documentary sources suggest that the content of human rights has changed in the second half of the 20th century; the close link between human rights and national self-determination was superseded by the idea that the protection of human rights requires states to recognize a diversity of primordial or traditional identity groups.

The institutionalization of distinct collective memories of hate and cultural traumas as law and bureaucracy is examined comparatively for the case of hate crime law. A dehistoricized focus on individual victimization and an avoidance of major episodes of domestic atrocities in the United States contrast with a focus on the Holocaust, typically in the context of the destruction of the democratic state, in Germany. Such differences, in combination with specifics of state organization and exposure to global scripts, help explain particularities of law and law enforcement along dimensions such as internationalization, coupling of minority and democracy protection, focus on individual versus group rights, and specialization of control agencies.

Citizenship rights are the result of specific political bargains between different collective actors and state authorities (Tilly Theory and Society 26(34):599–602, 1997). The political bargains for rights are encoded in institutions, and these institutions develop independently from each other and take organizational characteristics that make certain rights easier to adopt than others. I argue that these institutions vary along two dimensions that affect the extent to which states can adopt rights successfully: one dimension is distributional and the second is the depth or extension of the rules that frame a given right. This article focuses on the institutional differences between property rights, especially land property, and political rights, and on the consequences of those differences on their adoption. I then illustrate my argument with examples from Colombia since 1980.

There are few attempts to link human rights discourses and child poverty debates, though the field is expanding. Within sociology, both the study of rights and of childhood are marginal. This article utilises a sociological approach to bridge rights and poverty debates in relation to children and explore why there are barriers to implementing children’s rights in specific instances. Drawing on Young Lives research, a longitudinal study of children growing up in poverty, the article explores how discourses of children’s rights play out in local contexts and how a narrowly legal perspective fails to engage with children’s experiences of poverty. The article concludes by proposing that a broader, sociological approach to rights as not only rules, but also as structures, relationships and processes (Galant and Parlevliet, 2005) can better engage with the causes and consequences of poverty, while also developing locally relevant responses.

The international diffusion of similar laws and policies across nations is now a well-covered theme in sociology, but no one has yet asked what these similar laws and policies mean. We take the case of anti-female-genital-cutting policies in Egypt, Tanzania, and the U.S. and turn our attention to how local political situations interacted with international discourse. Functional relevance and international standing combined to affect levels of contestation. This, in turn, influenced how states chose to implement anti-FGC policies and the extent to which they distanced themselves from international actors. Exploring these issues uncovered power differences in acquiescence to international norms, going to the heart of multi-level power relations in the international system.

This study explores, with quantitative data analyses, why nation-states with very negative human rights records tend to sign and ratify human rights treaties at rates similar to those of states with positive records. The study's core arguments are (1) that the deepening international human rights regime creates opportunities for rights-violating governments to display low-cost legitimating commitments to world norms, leading them to ratify human rights treaties without the capacity or willingness to comply with the provisions; and (2) that among repressive regimes, autonomous ones that are less constrained by domestic forces are more likely to ratify human rights treaties as symbolic commitment, because these sovereigns are free to entertain high levels of decoupling between policy and practice, while constrained governments are more reluctant to incite domestic (and foreign) oppositions and interest groups. The combined outcome is that repressive states ratify human rights treaties at least as frequently as non-repressive ones — particularly those repressive states that have greater autonomy. Our cross-national time-series analyses provide supportive evidence for these arguments.

Are recent trends in international law supporting child rights and promoting neoliberal economic reforms complementary or contradictory? To answer this question, we identify the component parts of child rights mobilization, recent global economic reforms, and child rights outcomes to theorize the particular relationships among them. Focusing on child survival and development rights in 99 poor and middle-income countries from 1983 to 2001, we find that countries' acquiescence to established international law concerning economic rights influences the successful implementation of most of these rights, while the ratification of child rights treaties does not show an effect during the period studied. National links to child rights nongovernmental organizations are also associated with improved child rights outcomes, as is being selected to receive a loan from the World Bank (for reducing child labor and increasing immunizations). We find weak support for the hypothesis that the implementation of loan conditionalities is more deleterious for rights that are costlier to implement. We also find that achieving the goal of neoliberal economic reforms—trade openness—results in less successful implementation of most child rights outcomes considered. Finally, in a related analysis, we find that the ratification of child rights treaties, as well as the adoption and implementation of structural adjustment agreements, enhances the presence of child-related organizations within countries.

Instead of appearing as a stable set of normative demands opposed to international politics, international law is better understood as an aspect of hegemonic contestation, a technique of articulating political claims in terms of legal rights and duties. The controversies in the law concerning the use of force, the law of peace, human rights, trade and globalization reflect strategies through which political actors seek to make their preferences appear to be universal ones. But the legal idiom also contains a utopian aspect: it distances political actors from their idiosyncratic preferences and thus creates the international world as a legal community in the act of invoking it.

This essay is one of the first collaborative efforts to identify the underlying norms embedded in diverse traditions of Islamic law as these apply to contemporary Muslim communities experiencing conflict or transitioning from conflict. This long overdue endeavor draws upon comparative legal analyses, postconflict justice traditions, global governance, and empirical conflict studies to explore why Islamic legal norms are not often used as a resource for restraint and guidance in contemporary conflict settings. In exploring this puzzle, the authors make the case for strengthening commensurate Islamic and international conflict norms for complex conflicts and postconflict tradition. They also situate Islamic postconflict justice norms—which are too often confined to religious and natural law discussions—into contemporary problems of security policy, conflict prevention, and problems of governance. They indicate the many benefits of such a comparative approach for citizens of diverse Muslim and Arabs states and communities, trying to build pathways out of conflict, and for humanitarian and human rights practitioners working in such arenas toward similar goals. An additional, important benefit in excavating such shari’a norms is in providing the intellectual basis to counter politicized, extremist, and instrumentalist uses of Islamic law to justify extreme uses of political violence across the Middle East, Central and South Asian, and African regions.