This volume argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. Although governments sometimes ratify human rights treaties, gambling that they will experience little pressure to comply with them, this is not typically the case. Focusing on rights stakeholders rather than the United Nations or state pressure, Beth Simmons demonstrates through a combination of statistical analyses and case studies that the ratification of treaties leads to better rights practices on average. Simmons argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

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Mobilizing for Human Rights: International Law in Domestic Politics

Acknowledgments ix INTRODUCTION 1 CHAPTER ONE: Multiculturalism without Culture 11 CHAPTER TWO: Between Culture and Cosmos 42 CHAPTER THREE: What's Wrong with Cultural Defence? 73 CHAPTER FOUR: Autonomy, Coercion, and Constraint 100 CHAPTER FIVE: Exit and Voice 133 CHAPTER SIX: Multiculturalism without Groups? 158 Bibliography 181 Index 191

Multiculturalism Without Culture

Human rights as an international political project are closely tied to claims of universality. Attacks on the universality of human rights, however, are also widespread. And some versions of universalism are indeed theoretically indefensible, politically pernicious, or both. This essay explores the senses in which human rights can (and cannot) be said to be universal, the senses in which they are (and are not) relative, and argues for the “relative universality” of internationally recognized human rights.

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The Relative Universality of Human Rights

Clinical, educational, and epidemiological value of autopsy

This text reassesses Freudian psychoanalysis in an attempt to develop an understanding of the psychology of femininity and the ideological oppression of women. Analyzing sexuality, femininity and the family as they are treated in the works of Freud, Estch and Laing, the author demonstrates that Freud's theories have much to offer women in the understanding of their sexuality, and compares him to Estch and Laing whose contributions to the feminist cause, in her opinion, are less radical and more ephemeral. To support her case she discusses some interpretations of Freud's work and shows how the misunderstanding of his concept of the unconscious mind has led to misinterpretation of his theories.

Psychoanalysis and Feminism

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? This study of the topic provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles Disputing contemporary practices, the author contends that the cultural defense should, in both criminal and civil matters, be given formal recognition

The cultural defense

The theory of ethical relativism has been the subject of much misunderstanding. It is argued that the central insight of relativism is enculturation and not tolerance. Relativism is characterized as a metaethical theory about the nature of moral perceptions. As such it is logically consistent, permits moral criticism, and is compatible with cross-cultural universals. The existence of universals may indicate global support for particular human rights.

Relativism and the Search for Human Rights

Introduction The Development of International Human-Rights Standards The Concept of Human Rights Relativism Revisited A Cross-Cultural Approach to Validating International Human Rights The Case of Retribution Tied to Proportionality

International Human Rights: Universalism Versus Relativism

In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral facedown in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case. An invaluable resource for practitioners, students, and the merely curious, this comprehensive treatment of cultural conflicts in diverse societies will spark lively debate.

Cultural Defense

in recent years there has been a resurgence of interest in the concept of human rights. While some discuss what the appropriate length of the human rights list should be, others charge that the concept is a Western one. Fundamentally these debates reflect the underlying conflict between international human rights and cultural and ethical relativism. Since relativism forbids value judgments, the relativist cannot disapprove of specific cultural practices. This is because the practices regarded as reprehensible are judged according to an ethnocentric standard. Many fear the consequences of relativism: (1) that a relativist position condones or even approves of customs such as head hunting, polygyny, female genital operations, subordination of women and minority groups, arbitrary killings, torture and so forth, and (2) that recognizing the legitimacy of relativism will undermine the entire human rights movement. If the validity of human rights is no longer taken to be self evident, the justification for them will have to come from somewhere. This article explores the tension between cultural relativism and international human rights and tries to come to grips with some means to resolve this challenging problem. In the context of this essay it will not be possible to offer an exhaustive review of the literature relevant to the subject.' The basic

Alison Dundes Renteln

Papers

The cultural defense

Relativism and the Search for Human Rights

International Human Rights: Universalism Versus Relativism

Cultural Defense

The Unanswered Challenge of Relativism and the Consequences for Human Rights