Decolonial Turn Research Papers - Academia.edu (original) (raw)

""This book takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, TWAIL, Radical Black Theory and Subaltern Studies, the book constructs a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles puts into conversation important areas of research on human rights, namely theory of human rights, history, and international law.

TABLE OF CONTENTS

Introduction
Decolonial Strategies and Dialogue in the Human Rights Field
José-Manuel Barreto ……………………………………………………

Part I: Critique of the Theory of Human Rights

1. Who Speaks for the “Human” in Human Rights?
Walter Mignolo …………………………………………………

2. Provincializing Human Rights? The Heideggerian Legacy from Charles Malik to Dipesh Chakrabarty
Martin Woessner ………………………………………………..

3. The Legacy of Slavery: White Humanities and its Subject
Sabine Broeck ……………………………………………………

4. “Moral Optics”: Biopolitics, Torture and the Imperial Gaze of War Photography
Eduardo Mendieta ………………………………………………

Part II: Signposts for an Alternative History of Human Rights

5. Imperialism and Decolonization as Scenarios of Human Rights History
José-Manuel Barreto ……………………………………………

6. Las Casas, Vitoria and Suárez, 1514-1617
Enrique Dussel …………………………………………………

7. The Haitian Revolution and the Making of Freedom in Modernity
Anthony Bogues ………………………………………………

8. Beyond Love and Justice: Natural Law in Martin Luther King’s Beloved Community
Vincent Lloyd ……………………………………………………

9. Human Rights, Southern Voices: Yash Ghai and Upendra Baxi
William Twining ………………………………………………

Part III: Decolonizing Constitutional and International Human Rights Law

10. The Rule of Law in India
Upendra Baxi ……………………………………………………

11. Eddie Mabo and Namibia: Land Reform and Precolonial Land Rights
Nico Horn ………………………………………………………

12. Universalizing Human Rights: The Role of Small States in the Construction of the Universal Declaration of Human Rights
Susan Waltz ………………………………………………………

13. Forging a Global Culture of Human Rights: Origins and Prospects of the International Bill of Rights
Zehra F. Kabasakal Arat …………………………………………

14. Mode d’assujetissement: Charles Malik, Carlos Romulo and the Emergence of the United Nations Human Rights Regime
Glenn Mitoma ……………………………………………………

LIST OF CONTRIBUTORS

Zehra F. Kabasakal Arat is Juanita and Joseph Leff Professor and
Chair of Political Science at Purchase College, State University of New York. She is the author of Democracy and Human Rights in Developing Countries (iUniverse, 2003), Human Rights Worldwide: A Reference Handbook (ABC-CLIO, 2006) and Insan Haklarý ve Demokrasi Üzerine Tezler (Boyut Yayýnlarý, 2007).

José-Manuel Barreto is Visiting Fellow, Goldsmiths College, University of London. He is the author of De los Derechos, las Garantías y los Deberes (with Libardo Sarmiento, Comisión Colombiana de Juristas, 1998). His works have appeared in collections such as Critical Legal Theory (Routledge, 2011) and Critical International Law: Post-Realism, Post-Colonialism, and Transnationalism (Oxford University Press, 2012).

Upendra Baxi held the position of Professor of Law at the University of Delhi and served as Professor of Law in Development, University of Warwick. His publications include The Future of Human Rights (Oxford University Press, 2012) and Human Rights in a Posthuman World: Critical Essays (Oxford University Press, 2007).

Anthony Bogues is Professor of Africana Studies and Political Science, Brown University. He is the author of Caliban's Freedom: The Early Political Thought of C.L.R. James (Pluto, 1997), Black Heretics and Black Prophets: Radical Political Intellectuals (Routledge, 2003) and Empire of Liberty: Power, Freedom, and Desire (University Press of New England, 2010).

Sabine Broeck is Professor of American Studies at the University of Bremen. She is the author of White Amnesia - Black Memory? Women's Writing and History (Peter Lang, 1999) and Der entkolonisierte Koerper. Die Protagonistin in der afro-amerikanischen weiblichen Erzähltradition der 30er bis 80er Jahre (Campus, 1988). She is currently President of the International Collegium for African-American Research (CAAR).

Enrique Dussel is Professor in the Department of Philosophy at the Autonomous Metropolitan University, Mexico. His publications include Ethics of Liberation in the age of Globalization and Exclusion (Duke University Press, 2012), Twenty Theses on Politics (Duke University Press, 2008) and The Invention of the Americas. Eclipse of "the Other" and the Myth of Modernity (Continuum, 1995).

Nico Horn is Professor in the Faculty of Law, University of Namibia. He is the author of Human Rights and the Rule of Law in Namibia (with A Bösl, MacMillan 2008) and The Human Face in the Globalizing World, Ten Years of Human Rights Education (with M.O. Hinz and C. Mchombu, University of Namibia, 2002).

Vincent Lloyd is Assistant Professor of Religion, Syracuse University. He is the author of The Problem with Grace: Reconfiguring Political Theology (Stanford University Press, 2011) and Law and Transcendence: On the Unfinished Project of Gillian Rose (Palgrave Macmillan, 2009).

Eduardo Mendieta is Professor of Philosophy at the State University of New York. He is the author of Global Fragments: Latinamericanism, Globalizations, and Critical Theory (SUNY Press, 2007) and Adventures of Transcendental Philosophy: Karl-Otto Apel's Semiotics and Discourse Ethics (Rowman and Littlefield, 2002).

Walter Mignolo is William Wannamaker Professor of Literature, Duke University. His publications include The Darker Side of Western Modernity: Global Futures, Decolonial Options (Duke University Press, 2012), The Idea of Latin America (Blackwell, 2005) and Local Histories/Global Designs (Princeton University Press, 2000).

Glenn Mitoma is Assistant Professor, Human Rights Institute, University of Connecticut. His research interests include the history and contemporary working of universal human rights as discourse, structure, and practices, and is currently focused on developing a “human rights biography” of Charles H. Malik.

William Twinning is Emeritus Quain Professor of Jurisprudence, University College London. His publications include General Jurisprudence: Understanding Law from a Global Perspective, (Cambridge University Press, 2009) and How to Do Things With Rules (with David Miers, CUP, 2010). He is the editor of Human Rights: Southern Voices (CUP, 2009).

Susan Waltz is Professor of International Relations and Public Policy, University of Michigan. She has written “Universal Human Rights: The Contribution of Muslim States.” (Human Rights Quarterly, 2004) and “Reclaiming and Rebuilding the History of the Universal Declaration of Human Rights,” Third World Quarterly, 2002. She currently sits on the Board of Amnesty International-USA.
Martin Woessner is Assistant Professor of History & Society, The City College of New York's Center for Worker Education (CUNY). He is the author of Heidegger in America (Cambridge University Press, 2011).
""