This special issue examines the diverse realities created by the intersection of emerging technologies, new scientific knowledge, and the human being. It engages with two key questions: how is the human being shaped and constructed in new ways through advances in science and technology? and how might these new ways of imagining the subject shape present and future human rights law and practice? The papers examine a variety of scientific technologies—personalized medicine and organ transplant, mitochondrial DNA replacement, and scaffolds and (...) regenerative medicine—and their implications for our conceptualization of the human subject. Each is then followed by a commentary that both brings to light new dimensions of the original paper and presents a new theoretical take on the topic. Together these papers offer a serious challenge to the vision of the human subject at the root of human rights law. Instead of the autonomous, rational, unique, and physically discrete individual who owns herself and her body, the subject that emerges from the human technology assemblage has physically porous boundaries and a relational self. This depiction of the human being as a relational subject enmeshed in her technoscientific environment requires that we reconceptualize human rights law and practice. (shrink)

In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the (...) project of creating a world that is humane for all. The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued, in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for as long as it fails to engage with ontological concerns. (shrink)

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational land acquisitions and, thus, for determining whether (...) they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

At the center of this paper are three questions: in the absence of a religious worldview, can one gain access to the concepts of forgiveness and reconciliation, can reconciliation be achieved in the absence of forgiveness or does the former depend in some way upon the latter, and can we make sense of a restorative approach to justice in the absence of either forgiveness or reconciliation? To answer these questions, I look closely at the concept of forgiveness in the first (...) section of this article with the goals of disentangling it from its religious undertones and emphasizing its importance to the very concept of restorative justice. Drawing on both theoretical work and practical examples, I argue that forgiveness is not necessarily a religious concept ? contrary to common perception ? and that, contra Zehr, it is a foundational component of restorative justice. Having considered this first problem, I turn ? in the second section ? to a discussion of the concept of reconciliation, arguing that personal and political reconciliation must be separated from one another and from the concept of forgiveness. Ultimately, I conclude that forgiveness and reconciliation are quite different concepts, that the latter relies on the former, and that the latter is a goal rather than a necessary component of restorative justice. Drawing largely on the work of Hannah Arendt, Susan Dwyer, Trudy Govier, and Howard Zehr, as well as discussions with members of Murder Victims? Families for Reconciliation, I argue that political reconciliation between groups can be achieved in the absence of personal reconciliation between individual victims and perpetrators in those groups. Further, I demonstrate that restorative practices open up the possibility of both types of reconciliation, but that they are ultimately founded only on the principle of forgiveness. (shrink)

ABSTRACT In recent issues of the Journal of Religious Ethics (2006, 2007), David Little has defended the contemporary regime of international human rights against what he thinks of as the relativizing influences of the genealogical “just‐so” story told by Jeffrey Stout in his Democracy and Tradition (2004). I argue that Stout is correct about just‐so stories, and that Little does not go far enough in his reclamation of liberalism against Stout's “new traditionalists.” The main weaknesses of Little's approach are his (...) insistence on the idea that human rights are to be thought of as natural rights, and that these in turn are to be thought of as self‐evident and self‐justifying. I argue that they are neither: they come to us via a Stoutian just‐so story, and that as part of a broader reclamation of liberalism, they can continue to serve as the basis for the kind of international liberal constitutionalism that Little advocates. (shrink)

As the fundamental authority of universal rights claims are contested in a declining liberal international order, constructivists seek to transcend the limits of the Western, rationalist rights ethos and explore humanistic spiritual alternatives. This essay will evaluate the promise of a leading non-Western cosmopolitan ethos: engaged Buddhism. Buddhism offers a vision of universal compassion and moral responsibility that has shaped influential global advocacy efforts, with the potential to address a significant sector of the world community. But the Buddhist ethos has (...) functioned as both a source of and a challenge to state power and nationalist identity in an era of globalization. Through examining a range of contemporary movements of engaged Buddhism in Tibet, Burma, Thailand, and Taiwan, we will see how this form of religious cosmopolitanism can play a role in constructing a rights ethos—if and when it maintains critical autonomy and Buddhist spiritual detachment from worldly power. (shrink)