Virtual Library

Immigrant citizenship rights in the nation-state reference both theories of cross-national convergence and the resilience of national political processes. This article investigates European countries’ attribution of rights to immigrants: Have these rights become more inclusive and more similar across countries? Are they affected by EU membership, the role of the judiciary, the party in power, the size of the immigrant electorate, or pressure exerted by anti-immigrant parties? Original data on 10 European countries, 1980–2008, reveal no evidence for cross-national convergence. Rights tended to become more inclusive until 2002, but stagnated afterward. Electoral changes drive these trends: growth of the immigrant electorate led to expansion, but countermobilization by right-wing parties slowed or reversed liberalizations. These electoral mechanisms are in turn shaped by long-standing policy traditions, leading to strong path dependence and the reproduction of preexisting cross-national differences.

The emergent European social project draws on a re-alignment between these strands: work, social investment, and active participation. In this article, I consider the implications of this project for immigrant populations in Europe in particular and for the conceptions of citizenship and human rights in general. In contrast to the recent commentary on the neoliberal turn and the return of nation-state centered citizenship projects in Europe, I emphasize the broader trends in the post-World War II period that indicate a significant shift in the very foundations of good citizenship and social justice. The new social project transpires a citizenship model that privileges individuality and its transformative capacity as a collective good. Thus, while expanding the boundaries and forms of participation in society, this project at the same time burdens the individual, rather than the state, with the obligation of ensuring social cohesion and solidarity, disadvantaging not only non-European migrants but also the ‘lesser’ Europeans. The new social project brings into focus the relationship between universalistic individual rights and their effective exercise. I conclude that rather than treating human rights and citizenship as a dichotomy we should pay attention to their entangled practice in order to understand the contingent accomplishments and possible expansions of citizenship in Europe.

This article examines the troubling status of poor migrant women political actors in the denationalized space of Ciudad Juárez. Subaltern women's labors have served the state as a stabilizing force amidst the economic and political crises of the neo-liberal regime in ways that both promote and delimit new forms of female agency in the border region. The acute rise in armed social conflict in Juárez, much of it targeted at young women and girls, requires that we examine how the denationalized subjectivity that has occupied recent scholarship on globalization and citizenship is itself produced through state failure and state violence. The impunity of violent crime necessarily devalues both citizenship and citizens: it produces a climate where sociality is defined less by national belonging than by the more atomizing force of collective fear. If globalization has in fact encouraged the disarticulation of citizenship rights from membership to a single national community, as many analysts maintain, it is nevertheless unclear whether subaltern Mexican women can make substantive claims to the global civil society that the Juárez industries have helped to produce. 

We argue that analyses of civil religious ideologies in civil rights contention must include the interplay of both movement and countermovement ideologies and must recognize the ways in which such discourse amplifies conflict as well as serves as a basis for unity. Based on in-depth interviews, archival research, and content analysis of civil religious language, this article examines how priestly and prophetic civil religious discourses, and the infusion of Black power ideologies, provided significant and dynamic resources for both movement and countermovement ideologies during periods of civil rights contention in Cairo, Illinois, especially from 1969 to 1972. We compare the ways in which Cairo’s civil rights leaders mobilized prophetic versions of civil religion, and concomitantly, how white countermovement organizations used a priestly civil religion. On the prophetic side the themes of “equality,” “freedom,” “justice,” and the “right to revolt” against worldly socio-political arrangements were employed. On the priestly side, the theme of “law” and “order” was played up, with a secondary theme that connected religious acquiescence to worldly power with God’s will. The former rhetoric saw calls for economic and employment integration within God’s will and the nation’s destiny. The latter rhetoric contrasted civil rights claims as essentially “un-American.”

By the time Congress passed the Family and Medical Leave Act of 1993, many employers had created maternity leave programs. Analysts argue that they did so in response to the feminization of the workforce. This study charts the spread of maternity leave policies between 1955 and 1985 in a sample of 279 organizations. Sex discrimination law played a key role in the rise of maternity leave policies. Building on neoinstitutional theory, this article explores how the separation of powers shapes employer response to law. Details of the law are often specified in administrative rulings‐the weakest link in the law because they can be overturned by the courts and by Congress. Yet an administrative ruling requiring employers with disability leave programs to permit maternity leave, which employers successfully fought in the courts, was at least as effective as the identical congressional statute that replaced it. In the American context, the legal vulnerability of administrative rulings can draw attention to them, thus making the weakest link in the law surprisingly powerful.

There is a long history of laws responding to terrorism that have been utilized in the United Kingdom. This article outlines the important strands of development, including in the former colonies of the British Empire, in Ireland, and in mainland Britain itself. It offers an overview of contemporary legislation — the Terrorism Act 2000, the Anti-terrorism, Crime and Security Act 2001, the Prevention of Terrorism Act 2005 and the Terrorism Act 2006. These comprise a formidably detailed and complex code of measures, principally concentrating upon special police powers, offences and criminal processes, the proscription of organizations and the restriction of financial flows to the terrorists. The article then considers thematically some of the main controversies surrounding the laws. The discussion is organized around the following binaries: a rational code not panic legislation; a criminal justice model not a war model; the language of rights not the language of balance; international cooperation not unilateralism; appropriate structures not empty acronyms. The conclusions warn against undue optimism about the impact of the special laws and undue reliance upon the laws to an extent which damages the very values that the laws seek to protect.

This article argues that attempts to conceptualize the memory boom in amnesic societies have resulted in a clash between two theoretical stands: the approach which stresses the significance of remembering and the perspective which insists on the value of forgetting. It asserts that neither the value of memory nor the value of forgetting can be taken for granted and argues that any search for possible resolutions to the dialectical relationship between remembering and forgetting should be taken in the interest of cultivating a relationship with the past that enhances societal well-being in the present. Such reasoning leads us to judge the value of cosmopolitan memory in terms of its capacity to shape post-nationalist solidaristic political communities. The acceptance of the need to judge the act of putting the past in the service of the present requires us to question the contrasting projects of cosmopolitan citizenship: one claiming that remembering is vital for sustaining plurality and diversity of a global citizenship, and the other that stresses the importance of forgetting for the emergence of the politics of a global citizenship. After presenting contrasting views on the importance of memory for the development of cosmopolitan citizenship, the article searches for an approach to memory which is better suited to projects that aim to ensure post-nationalistic solidarity and human rights while protecting cultural rights, minority rights and personal identity.

National human rights institutions, defined as domestic but globally legitimated agencies charged with promoting and protecting human rights, have emerged worldwide. This article examines the effect of these organizations on two kinds of human rights outcomes: physical integrity rights and civil and political rights. We analyze cross-national longitudinal data using regression models that account for the endogeneity of organizational formation. Our first main finding is that all types of human rights institutions improve long-term physical integrity outcomes but not civil and political rights practices. This finding may reflect a greater worldwide focus on physical integrity violations such as torture, and also many countries’ propensity to resist Western civil and political rights standards. A second main finding is that time matters: in the cases we observe, initial increases in rated abuse levels were followed by improvements. These initial increases may be due to closer scrutiny or the expanded scope of what constitutes human rights abuses. Our results call for rethinking the concept of decoupling in the sociology of human rights and other focal areas.

Drawing on Austin’s speech act theory and on related theories of performativity and positioning, this article analyses the public confessions during the 1990s by three prominent state actors in Turkey about their direct involvement in state crimes against Kurds and left-wing political opponents. All three cases received significant media attention at the time. The aim of the article is not only to shed new light on those specific confessions by the perpetrators within the Turkish context, but also to develop further theoretical insights into the phenomenon of public confessions as such. Whilst confessions of this kind are often welcomed and portrayed as truth-statements that are cathartic and enable society to move forward, this analysis demonstrates that the reality is often more complex as the confessions in question tend to go hand in hand with a disavowal of individual responsibility by the perpetrators involved.

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'.