PS332 Int Law and Human Rights Midterm Exam 2005 Name______Worth 260 points (26% of course grade)

The following questions are worth 20 points each.

Identify the author of each passage and explain the author’s argument in the passage.

1) “But among the traits characteristic of man is an impelling desire for society, that is, for the social life – not of any and every sort, but peaceful, and organized according to the measure of his intelligence… Stated as a universal truth, therefore, the assertion that every animal is impelled by nature to seek only its own good cannot be conceded.”

2) “I can hardly believe that it took a revolution to teach the world that extreme disparities in wealth lie at the root of many ills and crimes, but we are not the less convinced that the realization of an equality of fortunes is a visionary’s dream.”

3) “In the first extant Muslim account of the British House of Commons, written by a visitor who went to England at the end of the eighteenth century, the writer expresses his astonishment at the fate of a people who, unlike the Muslims, did not have a divine revealed law, and were therefore reduced to the pitiable expedient of enacting their own laws.” 4) “This historical fact, however, should not lead us to commit the genetic fallacy of judging an argument or practice by its origins. Quite the contrary, we argue that the historical particularity of human rights is fully compatible with their moral and international normative universality.”

5) “In the very heat of war the greatest security and expectation of divine support must be in the unabated desire, and invariable prospect of peace, as the only end for which hostilities can be lawfully begun. So that in the prosecution of war we must never carry the rage of it so far, as to unlearn the nature and dispositions of men.”

6) “We are sunk so low that we fancy that it is our duty and our religion to do what the law lays down. … All reforms owe their origin to the initiation of minorities in opposition to majorities. If among a band of robbers a knowledge of robbing is obligatory, is a pious man to accept the obligation? So long as the superstition that men should obey unjust laws exists, so long will their slavery exist.” 7) In her book Islam and Human Rights, Ann Elizabeth Mayer writes: “The heritage of premodern shari’a law, which still retains prestige in Muslim milieus, can, if selectively employed, buttress authoritarian ideologies and provide rationales for inequality, discrimination and denials of freedom.” Explain Mayer’s argument in this passage. Provide one specific empirical example of what she is describing in this passage.

8) “The state of nature has a law of nature to govern it, which obliges every one; and reason, which is that law, teaches all mankind who will but consult it that, being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.” Who wrote this passage? (Just identify the author, don’t explain the passage.) How does Trotsky respond to this passage? This question is worth 50 points.

9) “Choices are made within particular social constraints, and much of the time we are not even aware that other choices are possible. If so, this suggests that those most subordinated may also be those least able to recognize the injustice of their position. It may then be the outsiders, not the insiders, who are best placed to judge.” Who wrote this? Explain the author’s argument in this passage. This question is worth 50 points.

10) What are the central differences between the positivist and natural law schools of thought concerning international law? What are the main criticisms that each school makes of the other? Select two authors whose works fit into the positivist and natural law schools (i.e. pick one author for each school). Explain how their views reflect the respective schools of thought.