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In its 2019 report to the Human Rights Council, the United Nations (UN) Working Group on business and human rights emphasized that ‘gender-transformative’ remedies can bring ‘change to patriarchal norms and unequal power relations that underpin discrimination, gender-based violence and gender stereotyping’. This article aims to deepen our knowledge of such remediation for women human rights defenders who fight against corporate human rights abuses. Human rights remediation is highly fragmented. This has the advantage that remedies at one level can offer sources of learning for remedies at other levels. This article uses relevant communications that the UN Special Rapporteur on the situation of human rights defenders sent to states and corporations jointly with other Special Procedures (including the UN Special Rapporteur on violence against women and girls, its causes and consequences and the UN Working Group on discrimination against women and girls in law and practice) between 2011 and 2020 as a source of learning.
Rarely do everyday discussions of ethical issues invoke ethical theories. Even ethicists deploy ethical theories less frequently than one might expect. In my experience, the most powerful ethical arguments rarely appeal to an ethical theory. How is this possible? I contend that ethical argumentation can proceed successfully without invoking any ethical theory because the structure of good ethical argumentation involves leveraging a sturdy norm, where the norm is usually far more specific than a complete ethical theory. To illustrate this idea, I present the argumentative structure of five powerful articles in the ethics literature. I further argue that the present model of ethical argumentation is consistent with the coherence model of ethical justification, but the former need not--and usually should not--invoke the latter explicitly for various practical reasons.
The loss of Sir John Franklin’s Arctic expedition has provoked speculation about the cause of the fatal outcome from the expedition’s departure in 1845 to the present day. This study describes how The Lancet, first published in 1823 and now one of the world’s leading medical journals, drew conclusions at the time of the expedition’s loss, which closely parallel those of today’s most recent research. The journal took evidence from Arctic medical and naval experts to conclude in 1859 that the Admiralty’s misdirected searches committed the crews to ice-bound entrapment, which had fatal nutritional consequences. The Lancet’s prescience has been supported by recent research showing that the unique physical circumstances faced by the expedition had nutritional effects related to vitamin deficiencies, which explain mortality over the third winter and the eventual total loss. It is significant that, although published 160 years apart and with vitamins unknown in the Victorian era, both studies took robust evidence-based approaches to draw similar conclusions.
This article focuses on the gambling milieu in Nigeria between the late 1970s and early 1980s. I consider the moment when the Federal Military Government (FMG) banned gambling nationwide, and ask why it became such a divisive issue during this tenuous period in Nigeria's history. I argue that amid impending transitional elections to a democratic regime, gambling embodied three key tensions that saturated Nigerian political and civil society during this period: job creation, the state's relationship with private capital, and the division of political power. Additionally, I propose that examining gambling's recreational value alongside its functional significance opens new avenues for the study of the gambling phenomenon in Africa that move beyond ethical considerations.
Most studies of genitive variation in English have considered only the choice of two variants ('s versus of), based on analysis of only tokens that are judged to be interchangeable. We argue in the present article that research on genitive variation can be usefully extended in both respects: including premodifying nouns as a third variant; and attempting to account for all tokens of the genitive. In addition, we extend the scope of analysis to explore the possibility of contextual constraints having different importance in different registers.
First, we carry out a text-linguistic analysis comparing the rates of genitive variants in texts from three registers (conversation, newspaper reports, academic articles), showing that genitives overall are much more frequent in written registers, with the premodifying noun variant being especially frequent. Then, a variationist analysis is undertaken to account for the choice of genitive variant in particular contexts and registers. A total of 3,425 genitive tokens were coded for ten contextual characteristics (e.g. length of the Modifying NP, semantic category of the Modifying noun and the Head noun, final sibilancy of the Modifying noun). Statistical analyses with random forests and conditional inference trees are triangulated, showing how contextual factors interact in predicting the use of each genitive variant – and how patterns of variation differ across registers.
Focusing on the winter quartering of Kurdish nomadic tribes among peasant villages, this article discusses the patterns of Kurdish nomadism and nomad–peasant relations in the Ottoman sanjaks of Muş, Bayezid, and Van during the first half of the nineteenth century. It argues that the political structure of these regions and the requirements of animal husbandry among the nomads not only created a distinct pattern of nomadism among the Kurdish tribes, but also led to the polarization of relations between nomads and peasants. Moreover, the article observes how nomad–settled, tribe–peasant relations in these regions evolved as a result of the gradual sedentarization of the pastoral nomads and related changes in their subsistence economies starting from the mid-nineteenth century. Finally, this article provides a background for a better understanding of the intercommunal tensions and conflicts over land in the Ottoman Empire of the late nineteenth and early twentieth centuries.
This article opines that corporations should utilize leverage in procurement contracts with states to prevent human rights abuses. Capitalizing on leverage over state business partners should be understood as an under-explored but intriguing dimension to the advancement of human rights. This article uses the example of the Pfizer-Israel procurement contract to provide mRNA COVID-19 vaccinations as a case study. While the Pfizer-Israel contract required Israeli governmental compliance with various laws, and referenced other legal obligations, no reference to human rights, such as the right to informed consent, was referenced in any contractual provision. The failure of Pfizer to insert contractual provisions regarding the Israeli government’s duty to obtain informed consent provides a glaring exemplar of a missed corporate opportunity to fulfil the corporate responsibility to respect human rights.
This article offers a comprehensive analysis of rights-based climate litigation aimed at addressing climate change-induced loss and damage, underlining its potential as a transformative force amid the minimal progress towards a coordinated global response on this topic. It builds on literature highlighting the potential of rights-based climate litigation to fill the gap in accountability for climate change and its consequences, noting that research to date has not systematically analyzed the remedies that plaintiffs have sought or secured. By focusing on remedy claims, this study illuminates the capacity and the limitations of such litigation to unlock redress for loss and damage while highlighting its reciprocal relationship with international negotiations. This synergy implies a promising trajectory towards a more equitable climate governance framework, despite the complexities and challenges inherent in this rapidly evolving field.
In this paper, we compare the comprehension of the speech act meaning of non-canonical speech acts (i.e., rhetorical questions and surprise-disapproval questions) with the comprehension of indirect speech acts (i.e., indirect requests). Both speech act types are ‘mixed’ in the sense that they involve secondary and primary illocutionary forces, but our hypothesis is that they differ in their degree of how salient their primary illocutionary force is: On the one hand, the primary illocution is signaled by non-contextual cues (non-canonical speech acts); on the other hand, it is derived via pragmatic inferencing (indirect speech acts). We thus expect their comprehension processes to be different. We conducted a judgment experiment to test whether both speech act types differ regarding how accurate the primary illocutionary force is identified and regarding how fast that force can be identified. Our results suggest that non-canonical speech acts and indirect speech acts are indeed two distinct pragmatic and psychological phenomena: While non-canonical speech acts are more accurately identified with their primary illocutionary force than indirect speech acts, participants need more time to perform this identification for non-canonical speech acts than for indirect speech acts. Our findings shed new light on the mapping between linguistic form and illocutionary force and on the pragmatic typology of speech acts in general.
Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.
Based on an original database of 49 rights-based biodiversity (RBB) lawsuits filed around the world, this article hypothesizes that rights-based norms and institutions are becoming increasingly important in legal challenges aimed at biodiversity protection. We explain retrospectively the antecedents and characterize early RBB litigation by constructing a typology of cases and legal arguments that litigants and courts have used to establish the connection between biodiversity and rights protection. We then, prospectively, draw on our RBB case database and the trajectory of human rights and climate change (HRCC) litigation to anticipate likely trends, opportunities, and obstacles for future RBB cases. We posit that future RBB cases will build on the foundations laid by pioneering RBB cases, will apply lessons from HRCC litigation, and will systematically frame biodiversity loss as a rights issue.
Taking Ktunaxa Nation v. British Columbia as a focal point, the author argues that the legal framing of Indigenous sacred land claims in terms of religious freedom carries significant costs. It impels courts to bracket consideration of sovereignty and territorial rights, while positioning Indigenous worldviews as nonrational rather than as dynamic intellectual traditions and ways of life that are respectably different from those embodied in settler systems of law. Genuinely fair adjudication of such claims requires not religious exemptions from general laws but recognition of the sui generis rights of Indigenous nations in relation to lands they never ceded (acknowledging historical injustice); deep differences between dominant European settler and Indigenous cultures (acknowledging that settler law is also cultural); and the validity of Indigenous environmental philosophies (acknowledging that they are no less rational than Western ones).
A curious list from the Mishnah lists seven labors that a woman does for her husband. The juxtaposition of these seven tasks in a list creates a hierarchy among them, which dictates the order in which the performance of a task is transferred to an enslaved woman as the size of the woman’s dowry increases. Scholars read this text to understand how wealth shapes a woman’s labor obligations, but they have taken the form and contents of the list as a given. This article argues that the list establishes the category of wives’ work in rabbinic literature and defines it as work that is performed interchangeably by the wife or enslaved women. The form of the list can be compared to other lists within the Mishnah as well as lists of housework in contemporary traditions. These comparisons allow for a more critical stance toward the interplay of slavery and status in the Mishnah. The Mishnah’s framing of a wife’s work as interchangeable belies how the individual tasks were embedded in broader social, economic, and technological transformations.
We argue that behavioural public policies (BPP) should be categorized by the kind of mechanism through which they operate, not by the kind of treatment they implement. Reviewing the energy consumption BPP literature, we argue (i) that BPPs are currently categorized by treatment; (ii) that treatment-based categories are subject to mechanistic heterogeneity: there is substantial variation of mechanisms within each treatment type; and (iii) that they also display mechanistic overlap: there is substantial overlap between mechanisms across treatment types. Consequently, current categorizations of BPPs do not reveal the conditions of their efficacy and should be revised to better reflect mechanistic information.
This essay responds to Timothy Brennan’s recent biography of Edward Said by delving into Said’s relation to Frantz Fanon, who became an important influence in the second half of his career. Particularly, it considers whether Said’s readings and misreadings of Fanon signal a wider break with the latter’s notion of the “colonized intellectual.” Said, it emerges is more an “imperialized” intellectual, whose post-nationalist anti-imperialism is an attempt to sustain the Marxist anticolonial legacy in an era of neo-imperial consolidation. The article also considers how Said’s anti-imperialism is shaped by the idiosyncrasies and unique challenges of the Palestinian anti-colonial struggle.
Gender inclusive writing, a term that refers to a wide range of feminist linguistic practices aimed at reducing linguistic androcentrism, has been the topic of heated debates in France. Recent experimental studies have investigated its interpretation and showed that inclusive forms with the point médian (“étudiant·e·s”) and repetition (“étudiants et étudiantes”) feminize participants’ mental representations compared to the generic masculine (“étudiants”). In this article, we bring novel results from three experiments investigating the interpretation of these two inclusive forms in a more detailed context (university brochures). We find that the point médian is subject to “context dilution” effects: its meaning disappears in rich contexts, while repetition consistently changes readers’ mental representations, provided it is used systematically. We argue that our results show the necessity of looking at more ecological contexts in experimental (socio)linguistics for understanding the interpretation and processing of socially important linguistic variants.