Pub Date : 2002-01-01DOI: 10.4324/9781351157728-16
R. Coomaraswamy
I. INTRODUCTION For the last three decades, the concept of "identity" has taken center place in political, social, and cultural debates. Charles Taylor has conceptualized identity as the search for the authentic self.1 Anthony Appiah has argued that identity involves the playing out of narrative scripts that we have learned from childhood.2 Whether we root out identity within the essence of the human personality or in the constructions of social life, identity politics has certainly conditioned many of the modern debates about rights, politics, and justice. Identity is not an essential, immutable, permanent status, it has many constituent elements. Future experiences often transform the nature and direction of personal identity. Identity is often composite, made up of multiple selves, often contesting, contradicting, and transforming the other. Identity therefore reconstitutes itself, reacting to and negotiating ideology and lived experience. The subjective identities that philosophers explore must come to terms with the objective reality of identity as it plays out in the real world. In all societies, as the Census and Statistics departments will attest, people are categorized and identified by a social identity, especially as it is expressed in religious, ethnic, or tribal terms. These group-based identities often help determine our position in the social and political hierarchy of a society and also condition people's attitudes and perceptions toward us as we go about our daily business. These stereotypes and homogenous characterizations create obstacles for the realization of equality. They are also the substance of discrimination and often the basis for power and privilege. Our subjective sense of identity is greatly determined by IMAGE FORMULA8 this objective experience as it interacts with our everyday life and conditions the way we think about ourselves. Our group-based identity often goes to the core of our sense of self and our desire for dignity. For many women, their sense of identity arises as a result their experience as women, living within groups primarily governed by men. Though their sense of self and dignity comes from how the wider society treats women, they often have to face discrimination within local groups. They may have to submit to discriminatory practices and laws, as well engage in rituals, customs, and habits that reinscribe the subordinate status of women within the hierarchy of their religious, ethnic, or tribal identity. Many women acquiesce because they see their group identity as the most important aspect of their lives. Others resist, only to be branded as traitors or "bad women" who bring the group into disrepute. For outsiders, especially women's activists interested in pursuing gender equality, discrimination within minority groups and third world societies poses a profound set of challenges. On the one hand, the feminist movement has always seen itself as an ally of third world societies and minority groups
{"title":"Identity Within: Cultural Relativism, Minority Rights and the Empowerment of Women","authors":"R. Coomaraswamy","doi":"10.4324/9781351157728-16","DOIUrl":"https://doi.org/10.4324/9781351157728-16","url":null,"abstract":"I. INTRODUCTION For the last three decades, the concept of \"identity\" has taken center place in political, social, and cultural debates. Charles Taylor has conceptualized identity as the search for the authentic self.1 Anthony Appiah has argued that identity involves the playing out of narrative scripts that we have learned from childhood.2 Whether we root out identity within the essence of the human personality or in the constructions of social life, identity politics has certainly conditioned many of the modern debates about rights, politics, and justice. Identity is not an essential, immutable, permanent status, it has many constituent elements. Future experiences often transform the nature and direction of personal identity. Identity is often composite, made up of multiple selves, often contesting, contradicting, and transforming the other. Identity therefore reconstitutes itself, reacting to and negotiating ideology and lived experience. The subjective identities that philosophers explore must come to terms with the objective reality of identity as it plays out in the real world. In all societies, as the Census and Statistics departments will attest, people are categorized and identified by a social identity, especially as it is expressed in religious, ethnic, or tribal terms. These group-based identities often help determine our position in the social and political hierarchy of a society and also condition people's attitudes and perceptions toward us as we go about our daily business. These stereotypes and homogenous characterizations create obstacles for the realization of equality. They are also the substance of discrimination and often the basis for power and privilege. Our subjective sense of identity is greatly determined by IMAGE FORMULA8 this objective experience as it interacts with our everyday life and conditions the way we think about ourselves. Our group-based identity often goes to the core of our sense of self and our desire for dignity. For many women, their sense of identity arises as a result their experience as women, living within groups primarily governed by men. Though their sense of self and dignity comes from how the wider society treats women, they often have to face discrimination within local groups. They may have to submit to discriminatory practices and laws, as well engage in rituals, customs, and habits that reinscribe the subordinate status of women within the hierarchy of their religious, ethnic, or tribal identity. Many women acquiesce because they see their group identity as the most important aspect of their lives. Others resist, only to be branded as traitors or \"bad women\" who bring the group into disrepute. For outsiders, especially women's activists interested in pursuing gender equality, discrimination within minority groups and third world societies poses a profound set of challenges. On the one hand, the feminist movement has always seen itself as an ally of third world societies and minority groups","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"8 1","pages":"483"},"PeriodicalIF":1.5,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87877470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As the WTO accretes power, challenges to its authority will only increase. The phrase "democracy deficit" has been used in different literatures, as applied to different institutions, to express a structural isolation from popular input. It is often, though not always, used as a critique. The WTO is afflicted with at least three forms of "democracy deficit:" 1. Supranationalism. The WTO receives no direct democratic input; rather WTO policies and authority are determined, through various means, by its member states. 2. Judicial lawmaking. Much WTO lawmaking occurs in the context of dispute resolution. Dispute panelists, like judges, are isolated from ordinary politics. The WTO Dispute Settlement Body enjoys a form of judicial supremacy that is democratically suspect, particularly since there is no legislative check on Dispute Settlement Body activism. 3. Political capture. Foreign relations generally, and especially international trade policy, are more subject to capture by special interests than is domestic policy. This undercuts the likelihood that national governments will adequately transmit the concerns and values of their people. Institutions such as Fast Track suspend ordinary democratic processes in the international trade area.
{"title":"Democratizing the WTO","authors":"Jeffery C. Atik","doi":"10.2139/SSRN.250331","DOIUrl":"https://doi.org/10.2139/SSRN.250331","url":null,"abstract":"As the WTO accretes power, challenges to its authority will only increase. The phrase \"democracy deficit\" has been used in different literatures, as applied to different institutions, to express a structural isolation from popular input. It is often, though not always, used as a critique. The WTO is afflicted with at least three forms of \"democracy deficit:\" 1. Supranationalism. The WTO receives no direct democratic input; rather WTO policies and authority are determined, through various means, by its member states. 2. Judicial lawmaking. Much WTO lawmaking occurs in the context of dispute resolution. Dispute panelists, like judges, are isolated from ordinary politics. The WTO Dispute Settlement Body enjoys a form of judicial supremacy that is democratically suspect, particularly since there is no legislative check on Dispute Settlement Body activism. 3. Political capture. Foreign relations generally, and especially international trade policy, are more subject to capture by special interests than is domestic policy. This undercuts the likelihood that national governments will adequately transmit the concerns and values of their people. Institutions such as Fast Track suspend ordinary democratic processes in the international trade area.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"57 1","pages":"451"},"PeriodicalIF":1.5,"publicationDate":"2001-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76474283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article discusses the difficult questions of conflict and cooperation among national bankruptcy regimes that arise with the failure of a multinational firm. The firm's failure typically leaves assets and unpaid creditors in several jurisdictions, but no overarching international bankruptcy system exists. Instead, the national bankruptcy laws of several states might plausibly apply to the firm's bankruptcy or particular aspects of the case. Though multinational firm failure has become more and more common, states have made precious little progress in regularizing coordination or cooperation among national bankruptcy systems. Uncoordinated territorial competition is the norm, resulting in complex conflicts of law. Scholars and policymakers alike have demonstrated renewed interest in international bankruptcy cooperation. Among academics, the idea of universalist cooperation has long dominated the debate over international bankruptcy reform. Under universalism, the bankruptcy regime of the debtor's home country would govern worldwide. Home country courts applying home country law would exercise extraterritorial jurisdiction to treat all the debtor's assets and creditors wherever located. Despite the academic preference for universalism, however, no universalist arrangements exist in the world. In this article, Professor Tung explores states' reluctance to commit to universalism. While recent scholarly critique of universalism has focused on its hypothetical efficiency, Professor Tung instead discusses political feasibility constraints, an issue that universalist advocates have largely failed to consider. Professor Tung compares the universalist demand for recognition of foreign bankruptcy proceedings with the more straightforward matter of civil judgment recognition. He relies on existing international judgment recognition arrangements as a rough barometer of states' cooperative inclinations with respect to bankruptcy recognition. Jurisdictional limits in the former area suggest even greater reluctance to accede to the broader deference required under universalism, forecasting dim prospects for its widespread adoption. Professor Tung also discusses particular types of states for which universalism may be particularly unattractive. Finally, Professor Tung raises the question whether universalism is even possible among states that might prefer it. Assuming states exist that find universalism attractive, they might find themselves in a prisoners' dilemma, for which ready solutions may be elusive. Prepared for the symposium on Global Trade Issues in the New Millennium at The George Washington University Law School (September 2000).
{"title":"Fear of Commitment in International Bankruptcy","authors":"Frederick Tung","doi":"10.2139/SSRN.277394","DOIUrl":"https://doi.org/10.2139/SSRN.277394","url":null,"abstract":"This article discusses the difficult questions of conflict and cooperation among national bankruptcy regimes that arise with the failure of a multinational firm. The firm's failure typically leaves assets and unpaid creditors in several jurisdictions, but no overarching international bankruptcy system exists. Instead, the national bankruptcy laws of several states might plausibly apply to the firm's bankruptcy or particular aspects of the case. Though multinational firm failure has become more and more common, states have made precious little progress in regularizing coordination or cooperation among national bankruptcy systems. Uncoordinated territorial competition is the norm, resulting in complex conflicts of law. Scholars and policymakers alike have demonstrated renewed interest in international bankruptcy cooperation. Among academics, the idea of universalist cooperation has long dominated the debate over international bankruptcy reform. Under universalism, the bankruptcy regime of the debtor's home country would govern worldwide. Home country courts applying home country law would exercise extraterritorial jurisdiction to treat all the debtor's assets and creditors wherever located. Despite the academic preference for universalism, however, no universalist arrangements exist in the world. In this article, Professor Tung explores states' reluctance to commit to universalism. While recent scholarly critique of universalism has focused on its hypothetical efficiency, Professor Tung instead discusses political feasibility constraints, an issue that universalist advocates have largely failed to consider. Professor Tung compares the universalist demand for recognition of foreign bankruptcy proceedings with the more straightforward matter of civil judgment recognition. He relies on existing international judgment recognition arrangements as a rough barometer of states' cooperative inclinations with respect to bankruptcy recognition. Jurisdictional limits in the former area suggest even greater reluctance to accede to the broader deference required under universalism, forecasting dim prospects for its widespread adoption. Professor Tung also discusses particular types of states for which universalism may be particularly unattractive. Finally, Professor Tung raises the question whether universalism is even possible among states that might prefer it. Assuming states exist that find universalism attractive, they might find themselves in a prisoners' dilemma, for which ready solutions may be elusive. Prepared for the symposium on Global Trade Issues in the New Millennium at The George Washington University Law School (September 2000).","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"33 1","pages":"555"},"PeriodicalIF":1.5,"publicationDate":"2001-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87111649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new "eco-pragmatism" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little background on either of these sources of eco-pragmatist approaches to environmental law. The review demonstrates that the science of ecology and the philosophy of environmental pragmatism do indeed make a fitting pair, and that Farber has provided the service of combining them in an approach that is adapted to modern environmental law and policy. The eco-pragmatist approach is different from either of the existing models for environmental decision making in they each relies on positivist foundations that portray environmental decisions as matters purely of economic efficiency (one extreme) or environmental preservation (the opposite extreme), whereas pragmatism looks to experience rather than dogma as its source of theoretical foundation. As Farber describes it, eco-pragmatism uses dynamical regulatory frameworks to blend economic efficiency and environmental protection in an approach that uses environmental goals to maintain a baseline of protection and economic analysis to place a check on overprotection. Unfortunately, Farber demonstrates the force of the eco-pragmatist approach only in the narrow setting of pollution and its public health consequences. The review demonstrates that eco-pragmatism also has value in the natural resource conservation setting, where emerging themes of biodiversity, ecosystem services, and adaptive management correspond to Farber's framework for environmental baseline, economic backstop, and dynamical regulation. Eco-pragmatism thus offers some deliverance from the seemingly endless warfare between the positivist ends that has burdened environmental policy in all its applications.
{"title":"Working Both (Positivist) Ends Toward a New (Pragmatist) Middle in Environmental Law","authors":"J. Ruhl","doi":"10.2139/SSRN.214528","DOIUrl":"https://doi.org/10.2139/SSRN.214528","url":null,"abstract":"This review of Daniel Farber's recent book Eco-pragmatism, in which he argues on behalf of taking more pragmatic approaches to the development of environmental policy, provides both the background necessary for appreciating Farber's union of ecosystem dynamics science and environmental pragmatism philosophy, and the basis for extending the new \"eco-pragmatism\" approach into natural resources conservation settings. Eco-pragmatism implies the intersection of two components-the eco, being the rich and developing field of ecosystem science and management, and the pragmatism, being the classical American pragmatist philosophy represented today in environmental settings through the emergence of environmental pragmatism philosophy. Unfortunately, Eco-pragmatism provides little background on either of these sources of eco-pragmatist approaches to environmental law. The review demonstrates that the science of ecology and the philosophy of environmental pragmatism do indeed make a fitting pair, and that Farber has provided the service of combining them in an approach that is adapted to modern environmental law and policy. The eco-pragmatist approach is different from either of the existing models for environmental decision making in they each relies on positivist foundations that portray environmental decisions as matters purely of economic efficiency (one extreme) or environmental preservation (the opposite extreme), whereas pragmatism looks to experience rather than dogma as its source of theoretical foundation. As Farber describes it, eco-pragmatism uses dynamical regulatory frameworks to blend economic efficiency and environmental protection in an approach that uses environmental goals to maintain a baseline of protection and economic analysis to place a check on overprotection. Unfortunately, Farber demonstrates the force of the eco-pragmatist approach only in the narrow setting of pollution and its public health consequences. The review demonstrates that eco-pragmatism also has value in the natural resource conservation setting, where emerging themes of biodiversity, ecosystem services, and adaptive management correspond to Farber's framework for environmental baseline, economic backstop, and dynamical regulation. Eco-pragmatism thus offers some deliverance from the seemingly endless warfare between the positivist ends that has burdened environmental policy in all its applications.","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"68 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2000-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67945879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"At the intersection of constitutional standing, congressional citizen-suits, and the humane treatment of animals: proposals to strengthen the Animal Welfare Act.","authors":"J E Gardner","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"23 2","pages":"330-60"},"PeriodicalIF":1.5,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22127072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justiciability--waiving for the flag: should informed consent rules apply in the context of military emergencies?","authors":"S B Seftel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"60 5","pages":"1387-435"},"PeriodicalIF":1.5,"publicationDate":"1992-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25235185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Increasing the supply of transplant organs: the virtues of a futures market.","authors":"L. Cohen","doi":"10.4324/9781315247571-7","DOIUrl":"https://doi.org/10.4324/9781315247571-7","url":null,"abstract":"","PeriodicalId":47068,"journal":{"name":"George Washington Law Review","volume":"58 1 1","pages":"1-51"},"PeriodicalIF":1.5,"publicationDate":"1989-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70640246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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