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Understanding the enigmatic policing of pregnant women requires grappling with broader, troubling social and political issues, including mass incarceration, the U.S. drug war, welfare reform, and even our nation’s notorious, but largely hidden, history of eugenics. These policy landmines set the stage for regarding pregnant women as objects of the state, deploying criminal punishment as a viable means of regulating their behavior, and, in essence and substance, criminalizing pregnancy. This book makes a close study of those issues and reveals that fetal protection efforts, which are often purported to justify states’ persistent intrusions in poor women’s lives, serve to mask other politically expedient interests: controlling women and demanding their obedience, gerrymandering, pandering to tough-on-crime strategies, achieving electoral victories, and heightening moral panic. Rarely are the well-being and dignity of babies and children a persistent concern of those politicians who most favor punitive interventions in the lives of their mothers. In the process of writing this book, I have come to conclude that criminal threats and prosecution are measuring pregnant women’s obedience, and far more than fetal risk. After all, how are shackling, birthing in prison toilets, and rearing children behind bars demonstrative of respect for fetal or child life?
States were the quintessential containers of modernity (Giddens 1985). Although states never completely contained “their” society (Held 1996: 350–351), states did carve up (with modest exceptions) the entire planet into mutually exclusive geographic areas, and within “their” domain, states exerted institutionalized and legitimate power. Over the course of the nineteenth and twentieth centuries, states penetrated society in unprecedented ways and took on an expanding role in coordinating educational, medical, infrastructural, and social welfare services (Mann 1993, 2012). Bauman makes the case that with globalization giving rise to liquid modernity, the stability and power of the state no longer depend on direct control of society and its institutions.
What is the political sociology of democratization? Political scientists and sociologists alike have long theorized about democratic transitions, though their focus has changed significantly over time. Although early models of democracy and democratization were largely based upon the experiences of today’s advanced industrialized nations, more recent frameworks offer an updated paradigm to account for the circumstances late democratizers face. Factors that were once considered irrelevant to democratization are now deemed part and parcel of the literature, including issues of power, inequality, history, state capacity, and globalization. A political sociology of democratization, then, is the study of the inherently political process of regime change that employs a sociological analysis of the circumstances and actors that surround and shape transitions, such as those mentioned above.
The period between the French Revolution and the mid-twentieth century was a period of significant upheaval for Catholicism and in its interpretation of its role in relationship to the growth of nationalism, human rights and international relations. Chapter 1 examines how the Church developed Catholic social and political thought through human rights ideas. Catholicism gradually responded to the emergence of rights-based language, which it initially rejected, and only later engaged in active participation. Section 1.2 appraises in what manner the Catholic Church had available a long cosmopolitan tradition of reflection on the natural law, and this tradition in particular became a resource to a changing political landscape. Section 1.3 appraises the Catholics resolution of the tensions in rights language through the development of the philosophy of Personalism, and a reassessment of democracy as a foundation of cosmopolitan political life. This chapter concludes in Section 1.4 by presenting where those ideas were reaffirmed in later papal declarations and encyclicals.
By the end of the nineteenth century Catholicism had become a peripheral player in the international arena. This would change in the twentieth century as Catholicism would re-emerge as a formative participant in the creation of the Human Rights movement. To examine this question, Chapter 3 seeks to comprehend in what manner Catholicism began moving from the periphery to the centre of international law. The narrative begins to distinguish how Catholicism began drawing upon its own understanding of the natural law and the formation of the state, and explores in what manner the Catholic Church would shape democratic constitutions and international law across Europe. The Catholic Church’s engagement with the construction of human rights became a cosmopolitan vehicle to participation in the international legal system, which mapped out in a number of ways. This chapter concludes by ascertaining how this latter engagement provided the Catholic Church with theoretical underpinnings to further shape the direction of human rights, in its negotiation and engagement with a globalised world. It reveals how Catholic cosmopolitanism was understood as the political form of sovereignty.
Sixteenth-century jurist, Thomas More, developed the distinction between a Christian utopia and the political autonomy of the state. Chapter 4 recognises religion’s role in contributing to cosmopolitan ethical principles to guide political power, without becoming a justification for a political theology of the state. Section 4.1 proceeds with More’s emphasis of a common humanism that brought accommodation between temporal and spiritual sovereignty. Section 4.2 ascertains in what manner the Second Vatican Council recognised that not alone freedom but the search for the truth is central to political democracy and an open public sphere. Catholic theorists recognise a prisca theologia or a semblance of the natural law, and thereby advance in what way the expression of the political form the state takes as a basis for a common cosmopolitan humanism. Section 4.3 details Maritain’s proposed model of Church and state, and delineates Maritain’s theory of secular democratic faith, as a bridging of Catholicism with liberal democracy and human rights. This chapter concludes by enquiring if a secular democratic faith in democracy and human rights is possible today.
Human rights would become instrumental in trying to resolve the tensions between religion and the modern state. Chapter 5 commences with the Irish Constitution, which illustrates how Catholic political thought would evolve as a cosmopolitan civil society project. The use of rights-based language within this Constitution was part of the trend to both restrain a newly forming nation state, while at the same time to acknowledge the limits of religion in such a new political polity. During the Cold War the Christian democratic parties consolidated and expanded European political and economic cooperation, and Section 5.2 of the chapter looks at how those who shaped that era began drawing human rights into the confrontation between Eastern and Western Europe by emphasising religious freedom. In Latin America, human rights became a distinctively different project, and Section 5.3 examines in what manner human rights was used against state authority and part of a programme of liberation and democratisation. In each of these many contexts, a cosmopolitan Catholicism presented the value of participating in the human rights project with varying degrees of success.
This chapter, presenting the main theoretical statements on social evolution, stems from the hypothesis of a sudden rise of spoken, syntactic language in Northeast Africa, 70,000 years ago. The youth among a small population of Founders formed a cohesive group through the shared efforts of developing agreed-upon syntax and vocabulary, and then formed a community of roughly 150 persons to sustain their language. These were the initial social institutions. These institution led to creation of others, such as for ritual and migration, and enabled processes of social and institutional evolution: innovation (through representation or modeling as a source of variation), inheritance (through social reproduction and regulation), and the assessment of the fitness of institutions for the community. These processes brought into existence the Human System. At the multiple scales of family, community, and cross-community networks, it underwent coevolution among biological, social, cultural, and environmental influences, yielding a “group-level human nature” that relied on emotions at group as well as individual levels.
This chapter traces evolution of hominin species from the late Pliocene era to 100,000 years ago, focusing on the concurrent emergence of several remarkable capabilities. The chapter begins with the biological evolution of the phenotype of succeeding species, including unusual growth in brain capacity. With the rise of Homo heidelbergensis some 700,000 years ago, this species and its offspring—especially Homo sapiens, Neanderthals, and Denisovans, gained capabilities including advances in learning (facilitated through inclusive fitness and multilevel selection), visual communication, logic, internal language, articulation of emotions, and family level behavior in groups of 15 to 30 individuals. The chapter traces documentation of these changes through studies in paleontology, cultural evolution, evolutionary linguistics, evolutionary psychology, and social anthropology; it defines the sum of these hominin capabilities as “individual-level human nature.” Such individual-level human nature allows for processes. The chapter concludes with the question of the degree to which these capabilities, known for Homo sapiens, also characterized Neanderthals and Denisovans.
Coexistence of people and large carnivores depends on a complex combination of factors that vary geographically. Both the number and range of the Asiatic lion Panthera leo leo in the Greater Gir landscape, India, has increased since the 1990s. The challenge has been managing the success of conservation, with a particular focus on the spillover population ranging extensively in human-dominated landscapes. To understand the factors conducive to lion survival in this landscape, we undertook an interview-based survey. Overall, people expressed positive, tolerant attitudes towards lions. There was a distinct contrast between people's liking for lions (76.9% of respondents) compared to leopards (27.7%) in spite of greater depredation of livestock by lions (82.6%) than by leopards (17.4%). Younger people and respondents having greater awareness regarding lions expressed positive attitudes. Although community discussions on lions had a positive effect, there was no evidence that land-holding, management interventions, personal encounters with lions, or association of lions with religion affected attitudes. Respondents who had experienced livestock depredation tended to express negative attitudes. Respondents with positive attitudes towards lions favoured non-interventionist strategies for managing lions in the village areas. We advocate consideration of varied factors influencing tolerance of wildlife in conservation planning. We emphasize that site-specific human–wildlife conflict issues such as crop-foraging by wild ungulates and variation in attitudes towards different species should also be considered. Specifically, improved livestock management, motivation of local youth and their participation in awareness campaigns could all further strengthen the prevalent positive attitudes towards lions.
An earthquake is a hazard that may cause urgent needs requiring international assistance. To ensure rapid funding for such needs-based humanitarian assistance, swift decisions are needed. However, data to guide needs-based funding decisions are often missing in the acute phase, causing delays. Instead, it may be feasible to use data building on existing indexes that capture hazard and vulnerability information to serve as a rapid tool to prioritize funding according to the scale of needs: needs-based funding. However, to date, it is not known to what extent the indicators in the indexes can predict the scale of disaster needs. The aim of this study was to identify predictors for the scale of disaster needs after earthquakes.
The predictive performance of vulnerability indicators and outcome indicators of four commonly used disaster risk and severity indexes were assessed, both individually and in different combinations, using linear regression. The number of people who reportedly died or who were affected was used as an outcome variable for the scale of needs, using data from the Emergency Events Database (EM-DAT) provided by the Centre for Research on the Epidemiology of Disasters at the Université Catholique de Louvain (CRED; Brussels, Belgium) from 2007 through 2016. Root mean square error (RMSE) was used as the performance measure.
The assessed indicators did not predict the scale of needs. This attempt to create a multivariable model that included the indicators with the lowest RMSE did not result in any substantially improved performance.
None of the indicators, nor any combination of the indicators, used in the four assessed indexes were able to predict the scale of needs in the assessed earthquakes with any precision.
Andreas Werkmeister develops a combined meso preventive theory of international punishment. The underlying perspective of his theory is the legitimacy vis-a-vis the individual and the concept of human dignity is the foundational core. As a result, he highlights the limiting principles of punishment inherent to any punishment theory irrespective of its main purpose. After discussing problems with retribution and expressivism, he argues that a combination of different preventive theories provides for a suitable model for the justification of international punishment. Werkmeister differentiates between macro-, meso- and micro-levels, and makes an argument for targeted meso prevention. This way, the offender is punished to deter others, but is addressed as member of a case-specific transnational group. This way, Werkmeister develops a new form of prevention between special and general prevention.
Chapter 9 addresses two important questions: How open should states be to more migrants? What responsibilities do states and citizens have in connection with reducing migration injustices It also addresses key objections to the account of migration justice and its core recommendations. A legitimate state system must include rights to a fair process for determining migrants’ rights, especially concerning rights to admission and to remain. While this would generally lead to an opening of borders, important constraints on such opening would still remain, e.g., those relevant to respecting, protecting, and fulfilling the human rights of those already residing on the territory. The position offered is a human-rights oriented middle ground between the positions of those who argue for open borders and their critics. The chapter also returns to the issue of whether our state system can currently be regarded as legitimate. As matters stand, the state system cannot yet pass a basic legitimacy test, but Brock highlights what we must do if we aspire to a legitimate state system capable of supporting justice for people on the move.
Chapter 5 discusses the work of two important neo-idealist theorists, Pavel Novgorodtsev and Bogdan Kistiakovskii, who stand out for their concern with the ongoing tensions within liberal history and theory, and their desire to place the experiences of Russia’s liberal movement in a broader historical context. In the aftermath of 1905, Novgorodtsev wrote two book-length studies explicitly concerned with the history of liberalism, while a number of Kistiakovskii’s long articles, including ‘In Defense of Law’ (1909), demonstrate the fluidity of the concept of liberalism. In the period under consideration, these thinkers, who had been intimately involved in elaborating a legal philosophy applicable to Russia, now distanced themselves from an optimistic theory of historical change, in favour of a much more nuanced view. Their respective intellectual trajectories demonstrate the value of their attempt to learn from Western liberal history, while simultaneously illustrating some of the difficulties they had in using its lessons for Russia.
Chapter 3 seeks a justification for states’ claims to have rights to self-determination that entail the right to control admission to their territory. States assume they have certain rights (such as rights to admit and exclude from their territory) and that agents of the state may act in ways that privilege the interests of their citizens. What justification can be offered for these arrangements? Importantly, what compelling justification can be offered to those who currently find themselves beyond those borders and who wish to cross them? In seeking a justification, we discover that for states to have robust rights to self-determination within a state system, they will also have many responsibilities. A state’s ability to exercise political power legitimately depends on its respecting human rights adequately and cooperating in a host of trans-border activities and institutions that have as their aim securing robust arrangements capable of effective human rights protection. Performance on both these dimensions affects whether we have a legitimate state system, along with whether there are adequate contingency arrangements in place to deal with important shortfalls.
Some Roman economic historians are skeptical of an economic rationality which explicitly imposes capitalism-centric value judgements on antiquity. Should Roman historians study rationality as a phenomenon exclusively ‘locked’ inside the minds of individuals, or is it possible to study rationality as something at least influenced or even determined by collectivized social and cultural structures (or embedding contexts)? In this chapter, I argue that Collingwood’s observation that observers and subjects share the same cognitive process opens up new opportunities for understanding the thinking of ancient peoples. First, I define this cognitive process, after Weber and especially Mises, as ‘purposefulness’ and defend its a priori epistemological status. Then, using Weber’s insights on ideal types, I discuss how embedding contexts bounded purposefulness. Finally, I combine these arguments into an experimental heuristic model for understanding the purposeful actions of historical individuals by comparing these choices to both ideal-typical economic theory and unchosen counterfactual actions.
Chapter 2 briefly reviews some salient history concerning human migration, to place new migration challenges in some context. Brock then begins to develop the normative framework that allows us to address contemporary challenges. How can any current occupants of territory justifiably prevent anyone from migrating into their space, given our knowledge of how most settlements came into being? What case can be made that states and the boundaries they vigilantly guard are justified? Brock argues that the state can play a valuable role in delivering on justice, as one kind of permissible administrative unit, among others. For instance, delivering on our lofty justice ambitions requires attention to some quite practical details; competent administration is important for adequate planning associated with meeting needs, protecting basic liberties, along with promoting the relevant conditions necessary to sustain enduring cooperative communities. In our contemporary world, states perform important administrative functions, though various configurations could do what is required, so this is at least a partial defense of our current arrangements. The justification continues in Chapter 3.
Chapter 4 spotlights migration policy that seeks to exclude by limiting those who practice certain religions from gaining admission to a territory. We consider: What is wrong with a ban on Muslims? Is a ban on Muslims impermissible because it violates human rights? While some think it is difficult to make such arguments directly, this chapter offers an argument that is grounded in core aspects of the practice of human rights. Drawing on core elements of the argument discussed in Chapter 3 concerning the conditions states must satisfy in order to exercise power legitimately, we see that there are important internal and contribution requirements that enacting a Muslim ban fails to meet. Indeed, a legitimate state cannot embrace a migration policy that bans Muslims from being admitted without such policies undermining the state’s claim to legitimacy.
Artificial intelligence (AI) has evolved as a disruptive technology, impacting a wide range of human rights-related issues ranging from discrimination to supply chain due diligence. Given the increasing human rights obligations of companies and the intensifying discourse on AI and human rights, we shed light on the responsibilities of corporate actors in terms of human rights standards in the context of developing and using AI. What implications do human rights obligations have for companies developing and using AI? In our article, we discuss firstly whether AI inherently conflicts with human rights and human autonomy. Next, we discuss how AI might be linked to the beneficence criterion of AI ethics and how AI might be applied in human rights-related areas. Finally, we elaborate on individual aspects of what it means to conform to human rights, addressing AI-specific problem areas.
The celebrated conservationist, and serial memoirist, Gerald Durrell often imaginatively revisited the Corfu of his childhood. Donkeys were integral to his vision of Greek rural life. Both the setting and the style of his literary output resisted what he regarded as unwelcome modernization. His 1968 publication The Donkey Rustlers, one of his few novels, shows how Durrell attempted to perpetuate an outdated view of both Greece and children's literature. It is argued that Durrell's well-attested affection for the Greek people was not well reflected by a narrative in which both foreign children and donkeys seem to come out on top.