Download e-book for kindle: American Exceptionalism and Human Rights by Michael Ignatieff

By Michael Ignatieff

ISBN-10: 0691116474

ISBN-13: 9780691116471

ISBN-10: 0691116482

ISBN-13: 9780691116488

With the 2003 invasion and next career of Iraq, the main debatable query in global politics speedy grew to become no matter if the U.S. stands in the order of overseas legislations or open air it. Does the United States nonetheless play via the foundations it helped create? American Exceptionalism and Human Rights addresses this query because it applies to U.S. habit relating to foreign human rights. With essays by means of 11 top specialists in such fields as diplomacy and overseas legislations, it seeks to teach and clarify how America's method of human rights differs from that of so much different Western countries. In his creation, Michael Ignatieff identifies 3 major kinds of exceptionalism: exemptionalism (supporting treaties so long as american citizens are exempt from them); double criteria (criticizing "others for no longer heeding the findings of overseas human rights our bodies, yet ignoring what those our bodies say of the United States); and criminal isolationism (the tendency of yankee judges to disregard different jurisdictions). The individuals use Ignatieff's essay as a jumping-off aspect to debate particular sorts of exceptionalism--America's method of capital punishment and to unfastened speech, for example--or to discover the social, cultural, and institutional roots of exceptionalism.These essays--most of which look in print the following for the 1st time, and all of which were revised or up-to-date considering that being offered in a year-long lecture sequence on American exceptionalism at Harvard University's John F. Kennedy college of Government--are by means of Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.

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Two Types of Exceptionalism It will be useful at the outset to distinguish between substantive and methodological exceptionalism. When I speak of the former, I refer to actual outcomes and actual doctrines, but when I speak of the latter, I mean to focus on the methods and approaches, predominantly but not exclusively those of the courts, by which those outcomes and doctrines are produced. Thus, and as I will explain in detail, the American understanding of freedom of expression is substantively exceptional compared to international standards because a range of American outcomes and American resolupolicy preferences as underlying constitutionalism in general, see Frederick Schauer, “Judicial Supremacy and the Modest Constitution,” California Law Review 92 (2004): 834–57.

R. 697. 16 See Ineke Boerefijn, “Incitement to National, Racial and Religious Hatred: Legislation and Practice in the Netherlands,” in Striking a Balance: Hate Speech, Freedom of Expression and Non-Discrimination, ed. Sandra Coliver (London: Article 19, 1992), 202–45. 17 Indeed, the American commitment is so firm that the United States has on First Amendment grounds filed its reservation with respect to Article 4 of the Convention on the Elimination of All Forms of Racial Discrimination, and has, more recently, refused on constitutional grounds, after several years of negotiation, to agree to the “Protocol on the Criminalization of Acts of a Racist or Xenophobic Nature,’ which is appended to the 2001 Council of Europe Cybercrime Convention, a convention to which the United States, with the exception of the protocol, is a signatory.

On second-order constraints on first-order 30 FREDERICK SCHAUER Yet although a constitutional or quasi-constitutional3 right to freedom of expression is the international norm, the contours of that right vary widely even among the liberal democracies that understand the value of the right and the importance of enforcing it seriously. And among the most interesting manifestations of that variety among liberal democracies is the way in which the American First Amendment, as authoritatively interpreted, remains a recalcitrant outlier to a growing international understanding of what the freedom of expression entails.

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American Exceptionalism and Human Rights by Michael Ignatieff


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