Ideology, Hegemony, Discourse: a Critical Review of Theories of Knowledge and Power
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Hegemony, Coercion, and Their Teeth-Gritting Harmony: a Commentary on Power, Culture, and Sexuality in Franco's Spain
University of Michigan Journal of Law Reform Volume 33 2000 Hegemony, Coercion, and their Teeth-Gritting Harmony: A Commentary on Power, Culture, and Sexuality in Franco's Spain Ratna Kapur Centre for Feminist Legal Research Tayyab Mahmud Cleveland-Marshall College of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Legal History Commons, and the Sexuality and the Law Commons Recommended Citation Ratna Kapur & Tayyab Mahmud, Hegemony, Coercion, and their Teeth-Gritting Harmony: A Commentary on Power, Culture, and Sexuality in Franco's Spain, 33 U. MICH. J. L. REFORM 411 (2000). Available at: https://repository.law.umich.edu/mjlr/vol33/iss3/9 This Response or Comment is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. SUMMER 2000] Hegemony, Coercion SPRING 2000] Hegemony, Coercion 411 HEGEMONY, COERCION, AND THEIR TEETH-GRITTING HARMONY: A COMMENTARY ON POWER, CULTURE, AND SEXUALITY IN FRANCO'S SPAIN Ratna Kapur* Tayyab Mahmud** Professor Gema P~rez-Sdinchez's article, Franco's Spain, Queer Na- tion?' focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's.' The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. -
Jus Cogens As a Vision of the International Legal Order Dr
Penn State International Law Review Volume 29 Article 2 Number 2 Penn State International Law Review 9-1-2010 Jus Cogens as a Vision of the International Legal Order Dr. Markus Petsche Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the International Law Commons Recommended Citation Petsche, Dr. Markus (2010) "Jus Cogens as a Vision of the International Legal Order," Penn State International Law Review: Vol. 29: No. 2, Article 2. Available at: http://elibrary.law.psu.edu/psilr/vol29/iss2/2 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. I Articles I Jus Cogens as a Vision of the International Legal Order Dr. Markus Petsche* Table of Contents INTRODUCTION .............................................. 235 I. THE INAPPROPRIATENESS OF CHARACTERIZING JUS COGENS AS A RULE OF INTERNATIONAL LAW AND THE LIMITED RELEVANCE OF JUS COGENS FOR THE PRACTICE OF INTERNATIONAL LAW...................................238 A. FundamentalConceptual and Theoretical Flaws ofJus Cogens .................................... 238 1. Origins of Jus Cogens. .................. ..... 238 2. Jus Cogens as a Set of Norms Lacking Substance........ 242 3. Jus Cogens as a Set of Norms Lacking a Procedure for Its Determination. ............ ......... .......... 243 4. Jus Cogens as a Set of Norms Lacking a Proper Theoretical Basis.......................... 245 B. The Limited Relevance of Jus Cogens for the Law of Treaties: Rare and Unsuccessful Reliance on Jus * DEA (Paris 1); LL.M. (NYU); Ph.D. -
Libertarianism, Culture, and Personal Predispositions
Undergraduate Journal of Psychology 22 Libertarianism, Culture, and Personal Predispositions Ida Hepsø, Scarlet Hernandez, Shir Offsey, & Katherine White Kennesaw State University Abstract The United States has exhibited two potentially connected trends – increasing individualism and increasing interest in libertarian ideology. Previous research on libertarian ideology found higher levels of individualism among libertarians, and cross-cultural research has tied greater individualism to making dispositional attributions and lower altruistic tendencies. Given this, we expected to observe positive correlations between the following variables in the present research: individualism and endorsement of libertarianism, individualism and dispositional attributions, and endorsement of libertarianism and dispositional attributions. We also expected to observe negative correlations between libertarianism and altruism, dispositional attributions and altruism, and individualism and altruism. Survey results from 252 participants confirmed a positive correlation between individualism and libertarianism, a marginally significant positive correlation between libertarianism and dispositional attributions, and a negative correlation between individualism and altruism. These results confirm the connection between libertarianism and individualism observed in previous research and present several intriguing questions for future research on libertarian ideology. Key Words: Libertarianism, individualism, altruism, attributions individualistic, made apparent -
Indigenous and Tribal People's Rights Over Their Ancestral Lands
INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II. Doc. 56/09 30 December 2009 Original: Spanish INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES Norms and Jurisprudence of the Inter‐American Human Rights System 2010 Internet: http://www.cidh.org E‐mail: [email protected] OAS Cataloging‐in‐Publication Data Derechos de los pueblos indígenas y tribales sobre sus tierras ancestrales y recursos naturales: Normas y jurisprudencia del sistema interamericano de derechos humanos = Indigenous and tribal people’s rights over their ancestral lands and natural resources: Norms and jurisprudence of the Inter‐American human rights system / [Inter‐American Commission on Human Rights.] p. ; cm. (OEA documentos oficiales ; OEA/Ser.L)(OAS official records ; OEA/Ser.L) ISBN 978‐0‐8270‐5580‐3 1. Human rights‐‐America. 2. Indigenous peoples‐‐Civil rights‐‐America. 3. Indigenous peoples‐‐Land tenure‐‐America. 4. Indigenous peoples‐‐Legal status, laws, etc.‐‐America. 5. Natural resources‐‐Law and legislation‐‐America. I. Inter‐American Commission on Human Rights. II Series. III. Series. OAS official records ; OEA/Ser.L. OEA/Ser.L/V/II. Doc.56/09 Document published thanks to the financial support of Denmark and Spain Positions herein expressed are those of the Inter‐American Commission on Human Rights and do not reflect the views of Denmark or Spain Approved by the Inter‐American Commission on Human Rights on December 30, 2009 INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS MEMBERS Luz Patricia Mejía Guerrero Víctor E. Abramovich Felipe González Sir Clare Kamau Roberts Paulo Sérgio Pinheiro Florentín Meléndez Paolo G. Carozza ****** Executive Secretary: Santiago A. -
Reflections on Social Norms and Human Rights
The Psychology of Social Norms and the Promotion of Human Rights Deborah A. Prentice Princeton University Chapter to appear in R. Goodman, D. Jinks, & A. K. Woods (Eds.), Understanding social action, promoting human rights. New York: Oxford University Press. This chapter was written while I was Visiting Faculty in the School of Social Sciences at the Institute for Advanced Study, Princeton, NJ. I would like to thank Jeremy Adelman, JoAnne Gowa, Bob Keohane, Eric Maskin, Dale Miller, Catherine Ross, Teemu Ruskola, Rick Shweder, and Eric Weitz for helpful discussions and comments on earlier drafts of the chapter. Please direct correspondence to: Deborah Prentice Department of Psychology Princeton University Green Hall Princeton, NJ 08540 [email protected] 1 Promoting human rights means changing behavior: Changing the behavior of governments that mistreat suspected criminals, opponents of their policies, supporters of their political rivals, and members of particular gender, ethnic, or religious groups; changing the behavior of corporations that mistreat their workers, damage the environment, and produce unsafe products; and changing the behavior of citizens who mistreat their spouses, children, and neighbors. In this chapter, I consider what an understanding of how social norms function psychologically has to contribute to this very worthy project. Social norms have proven to be an effective mechanism for changing health-related and environmental behaviors, so there is good reason to think that they might be helpful in the human-rights domain as well. In the social sciences, social norms are defined as socially shared and enforced attitudes specifying what to do and what not to do in a given situation (see Elster, 1990; Sunstein, 1997). -
Rights, Respect, Responsibility: Don't Have Sex Without Them
Rights, Respect, Responsibility: Don’t Have Sex Without Them A Lesson Plan from Rights, Respect, Responsibility: A K-12 Curriculum Fostering responsibility by respecting young people’s rights to honest sexuality education. ADVANCE PREPARATION FOR LESSON: NSES ALIGNMENT: • Download the YouTube video on consent, “2 Minutes Will By the end of 12th grade, Change the Way You Think About Consent,” at https://www. students will be able to: youtube.com/watch?v=laMtr-rUEmY. HR.12.CC.3 – Define sexual consent and explain its • Also download the trailer for Pitch Perfect 2 - The Ellen Show implications for sexual decision- version (https://www.youtube.com/watch?v=KBwOYQd21TY), making. queuing it up to play a brief clip between 2:10 and 2:27. PS.12.CC.3 – Explain why using tricks, threats or coercion in • If you cannot download and save these to your desktop in relationships is wrong. advance, talk with your school’s IT person to ensure you have HR.12.INF.2 – Analyze factors, internet access to that link during class. including alcohol and other substances, that can affect the • Print out the skit scenarios and cut out each pair, making sure ability to give or perceive the the correct person 1 goes with the correct person 2. Determine provision of consent to sexual how many pairs there will be in your class and make several activity. copies of each scenario, enough for each pair to get one. TARGET GRADE: Grade 10 LEARNING OBJECTIVES: Lesson 1 By the end of this lesson, students will be able to: 1. -
What Is Consent?
What is consent? Consent is defined by section 74 Sexual Offences Act 2003. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. In investigating the suspect, it must be established what steps, if any, the suspect took to obtain the complainant’s consent and the prosecution must prove that the suspect did not have a reasonable belief that the complainant was consenting. There is a big difference between consensual sex and rape. This aide focuses on consent, as allegations of rape often involve the word of the complainant against that of the suspect. The aim is to challenge assumptions about consent and the associated victim-blaming myths/stereotypes and highlight the suspect’s behaviour and motives to prove he did not reasonably believe the victim was consenting. We provide guidance to the police, prosecutors and advocates to identify and explain the differences, highlighting where evidence can be gathered and how the case can be presented in court. Targeting Victims of rape are often selected and targeted by offenders because of ease of access and opportunity - current partner, family, friend, someone who is vulnerable through mental health/ learning/physical difficulties, someone who sells sex, someone who is isolated or in an institution, has poor communication skills, is young, in a current or past relationship with the offender, or is compromised through drink/drugs. -
Durkheim and Organizational Culture
IRLE IRLE WORKING PAPER #108-04 June 2004 Durkheim and Organizational Culture James R. Lincoln and Didier Guillot Cite as: James R. Lincoln and Didier Guillot. (2004). “Durkheim and Organizational Culture.” IRLE Working Paper No. 108-04. http://irle.berkeley.edu/workingpapers/108-04.pdf irle.berkeley.edu/workingpapers Durkheim and Organizational Culture James R. Lincoln Walter A. Haas School of Business University of California Berkeley, CA 94720 Didier Guillot INSEAD Singapore June , 2004 Prepared for inclusion in Marek Kocsynski, Randy Hodson, and Paul Edwards (editors): Social Theory at Work . Oxford, UK: Oxford University Press. Durkheim and Organizational Culture “The degree of consensus over, and intensity of, cognitive orientations and regulative cultural codes among the members of a population is an inv erse function of the degree of structural differentiation among actors in this population and a positive, multiplicative function of their (a) rate of interpersonal interaction, (b) level of emotional arousal, and (c) rate of ritual performance. ” Durkheim’ s theory of culture as rendered axiomatically by Jonathan Turner (1990) Introduction This paper examines the significance of Emile Durkheim’s thought for organization theory , particular attention being given to the concept of organizational culture. We ar e not the first to take the project on —a number of scholars have usefully addressed the extent and relevance of this giant of Western social science for the study of organization and work. Even so, there is no denying that Durkheim’s name appears with vast ly less frequency in the literature on these topics than is true of Marx and W eber, sociology’ s other founding fathers . -
Addressing Fundamentalism by Legal and Spiritual Means
H UMAN R IGHTS & H UMAN W ELFARE Addressing Fundamentalism by Legal and Spiritual Means By Dan Wessner Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp. Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp. Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp. The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp. The post-Cold War era stands at a crossroads. Some sort of new world order or disorder is under construction. Our choice to move more toward multilateralism or unilateralism is informed well by inter-religious debate and international law. Both disciplines rightly challenge the “post- Enlightenment divide between religion and politics,” and reinvigorate a spiritual-legal dialogue once thought to be “irrelevant or substandard” (Falk: 1-8, 101). These disciplines can dissemble illusory walls between spiritual/sacred and material/modernist concerns, between realpolitik interests and ethical judgment (Kung 1998: 66). They place praxis and war-peace issues firmly in the context of a suffering humanity and world. Both warn as to how fundamentalism may subjugate peace and security to a demagogic, uncompromising quest. These disciplines also nurture a community of speech that continues to find its voice even as others resort to war. The four books considered in this essay respond to the rush and risk of unnecessary conflict wrought by fundamentalists. -
Informed Consent, AI Technologies, and Public Health Emergencies
future internet Review Trust, but Verify: Informed Consent, AI Technologies, and Public Health Emergencies Brian Pickering IT Innovation, Electronics and Computing, University of Southampton, University Road, Southampton SO17 1BJ, UK; [email protected] Abstract: To use technology or engage with research or medical treatment typically requires user consent: agreeing to terms of use with technology or services, or providing informed consent for research participation, for clinical trials and medical intervention, or as one legal basis for processing personal data. Introducing AI technologies, where explainability and trustworthiness are focus items for both government guidelines and responsible technologists, imposes additional challenges. Understanding enough of the technology to be able to make an informed decision, or consent, is essential but involves an acceptance of uncertain outcomes. Further, the contribution of AI- enabled technologies not least during the COVID-19 pandemic raises ethical concerns about the governance associated with their development and deployment. Using three typical scenarios— contact tracing, big data analytics and research during public emergencies—this paper explores a trust- based alternative to consent. Unlike existing consent-based mechanisms, this approach sees consent as a typical behavioural response to perceived contextual characteristics. Decisions to engage derive from the assumption that all relevant stakeholders including research participants will negotiate on an ongoing basis. Accepting dynamic negotiation between the main stakeholders as proposed here introduces a specifically socio–psychological perspective into the debate about human responses Citation: Pickering, B. Trust, but to artificial intelligence. This trust-based consent process leads to a set of recommendations for the Verify: Informed Consent, AI ethical use of advanced technologies as well as for the ethical review of applied research projects. -
A Critical Ideological Analysis of Mass Mediated Language
Western Michigan University ScholarWorks at WMU Master's Theses Graduate College 8-2006 Democracy, Hegemony, and Consent: A Critical Ideological Analysis of Mass Mediated Language Michael Alan Glassco Follow this and additional works at: https://scholarworks.wmich.edu/masters_theses Part of the Mass Communication Commons Recommended Citation Glassco, Michael Alan, "Democracy, Hegemony, and Consent: A Critical Ideological Analysis of Mass Mediated Language" (2006). Master's Theses. 4187. https://scholarworks.wmich.edu/masters_theses/4187 This Masters Thesis-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Master's Theses by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. DEMOCRACY, HEGEMONY, AND CONSENT: A CRITICAL IDEOLOGICAL ANALYSIS OF MASS MEDIA TED LANGUAGE by Michael Alan Glassco A Thesis Submitted to the Faculty of the Graduate College in partial fulfillment'of the requirements for the Degreeof Master of Arts School of Communication WesternMichigan University Kalamazoo, Michigan August 2006 © 2006 Michael Alan Glassco· DEMOCRACY,HEGEMONY, AND CONSENT: A CRITICAL IDEOLOGICAL ANALYSIS OF MASS MEDIATED LANGUAGE Michael Alan Glassco, M.A. WesternMichigan University, 2006 Accepting and incorporating mediated political discourse into our everyday lives without conscious attention to the language used perpetuates the underlying ideological assumptions of power guiding such discourse. The consequences of such overreaching power are manifestin the public sphere as a hegemonic system in which freemarket capitalism is portrayed as democratic and necessaryto serve the needs of the public. This thesis focusesspecifically on two versions of the Society of ProfessionalJournalist Codes of Ethics 1987 and 1996, thought to influencethe output of news organizations. -
Jonathan White the Social Theory of Mass Politics
Jonathan White The social theory of mass politics Article (Accepted version) (Refereed) Original citation: White, Jonathan (2009) The social theory of mass politics. Journal of Politics, 71 (1). pp. 96-112. ISSN 1468-2508 DOI: 10.1017/S0022381608090075 © 2009 Cambridge University Press This version available at: http://eprints.lse.ac.uk/23528/ Available in LSE Research Online: January 2016 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s final accepted version of the journal article. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. WHITE The Social Theory of Mass Politics Journal of Politics 71 (1). 96-112 Jonathan White (LSE) Abstract This paper argues the study of mass politics is currently weakened by its separation from debates in social theory. A preliminary attempt at reconnection is made. The implications of an interpretative turn in social theorising are explored, and the interpretative perspectives of mentalism, intersubjectivism, textualism and practice theory examined in detail, in particular regarding how they and their equivalents in political study differ on units of analysis and how to understand one of the key social practices, language.