LAWS 2105 B - Social Justice & Human Rights

Generalized language

Generalized language

The usage of "man" in Declarations to refer to everyone (in modern times).

Colonial Language

The use of language to oppress indigenous people in colonized lands.

History as a project of the present

The understanding that history is always influenced by social and political contexts.

Projection of perspective

The act of imposing one's own perspective onto social and political contexts.

Interlocking qualities of human rights

The three qualities that human rights require - natural, equal, and universal.

European Enlightenment

The period from 1650-1800 characterized by a focus on reasoning, science, and law.

Individualism

The belief in individual moral autonomy and the questioning of political and moral authority.

European expansion and colonialism

The process of empire building and the establishment of the modern "world system" in the 15th century.

Changes in the foundation of Law and Authority

The shift in the basis of law and authority from religion to society.

Social Contract Theory

The idea that people join together to give up some of their freedom to a sovereign authority.

The Rise of the Modern State

The transition from monarchy to a system where merchants and others gained political power.

The Paradox of Slavery

The contradiction between the idea of universal rights and the existence of slavery.

The Roots of (Western) Social Justice

The belief that society is the root of injustice and justice can be found through moral reasoning.

Karl Marx

Injustice and Capitalism: Marx's theory of class exploitation and unequal distribution of wealth and labor.

Labour Movement as a Social Justice Movement

The movement advocating for workers' rights and better working conditions.

Limitations of the North American Labour Movement

The exclusion of certain workers and the presence of racism and anti-immigrant sentiments.

Progress Era Movements for Social Justice

Movements such as suffrage, prohibition, and civil rights addressing multiple forms of oppression.

The New Deal and the Post-War Welfare State

Social welfare policies and the rise of the middle class.

The Rise of "New Social Movements"

Movements in the 1960s addressing various forms of oppression.

Young

A New Definition of Justice:Young's perspective on justice as not just distributive, but also about individual and collective capacities.

Oppression and Social Structure

Young's understanding of oppression as a result of unquestioned norms and institutional rules.

Social Group

A group defined by a sense of identity rather than shared attributes.

Settler Colonialism and Indigenous Rights

The impact of colonialism on indigenous peoples and the struggle for indigenous rights.

Power and Historical Narratives

The relationship between power dynamics and the construction of historical narratives.

Western Human Rights

The debate on whether Western human rights are an innovative legal framework or a limited political paradox.

Institutionalization

the process by which particular ideas, norms, and behaviors turn into the formal rules for how to do things.

Settler Colonialism

a term used to distinguish phenomenon that are related to, but distinct from the experience of colonial empires.

Aboriginal Rights

the existing rights of the indigenous peoples of Canada, including the Indian, Inuit, and Métis peoples, recognized and affirmed by the Constitution Act of 1982.

R v Sparrow

a court case in 1990 that found there is an aboriginal right to hunt and fish, and that the Fisheries Act does not supersede this right.

R v Van der Peet

a court case in 1996 that established that an activity must be an element of a practice, custom, or tradition integral to the distinctive culture of the aboriginal group claiming the right to be considered an aboriginal right.

R v Powley

a court case in 2003 that established that aboriginal rights can have modern iterations and extend to Métis people, and introduced the "Powley test" to determine whether an individual is Métis.

UN Declaration on the Rights of Indigenous Peoples

a declaration adopted by the UN General Assembly in 2007 that recognizes the rights of indigenous peoples to self-determination, autonomy, and self-government, as well as the right to Free, Prior, and Informed Consent (FPIC).

Fiduciary Duty

a legal duty established in Guerin v. The Queen in 1984 that requires the Canadian government to act in the best interests of indigenous peoples.

Duty to Consult

a legal obligation created by the Supreme Court of Canada for the Canadian government to engage in a meaningful process of consultation if it wants to infringe upon aboriginal rights or title.

Canadian Truth and Reconciliation Commission

a commission established in 2008 to provide a history of the residential school system and build a path towards reconciliation between the Canadian government and indigenous peoples.

Truth (and Reconciliation) Commissions

commissions established in various countries to address past human rights abuses and move towards reconciliation, often through the sharing of truth and the acknowledgment of past wrongs.

Modernism

an artistic and cultural movement that embraced the experiences and values of industrial life, often associated with the early 20th century.

Nuremberg Trials

a series of trials held after World War II to prosecute Nazi war criminals, including those responsible for crimes against humanity.

Nuremberg Principles

principles that were the underlying justification of the Nuremberg Trials, establishing that following orders is not a valid defense for committing crimes against humanity.

Hannah Arendt

a political theorist who wrote extensively about the Holocaust and the nature of political responsibility.

Authoritarian Personality

a concept developed by Theodor Adorno to explain the psychological traits that make individuals more susceptible to authoritarianism.

Human Rights

the basic rights and freedoms to which all individuals are entitled, regardless of their nationality, ethnicity, religion, or other characteristics.

Universal Declaration of Human Rights

A document adopted by the United Nations on December 10, 1948, which outlines the fundamental rights and freedoms to which all individuals are entitled.

Geneva Convention

A series of international treaties, with the fourth convention being adopted in 1949, that establishes the rights and protections for civilians during times of war.

Genocide

The intentional and systematic destruction, in whole or in part, of a national, ethnic, racial, or religious group.

Totalitarianism

A form of government characterized by absolute control and authority, often achieved through mass movements and the manipulation of facts and reality.

Right to Have Rights

The primary right that guarantees an individual's membership in a political community and the recognition of their basic human rights.

Nation-State

A legal entity that exists in the international system, while a nation refers to the way people in political communities identify themselves.

Globalization

The process of increasing interconnectedness and integration of economies, cultures, and societies on a global scale.

Empire

The control and dominance of multiple nations by a single sovereign power, often resulting in humanitarian problems and conflicts.

Internationalism

A concept that promotes cooperation and collaboration among nation-states to address global issues and protect human rights.

Cosmopolitanism

The idea of a global civil society that transcends national boundaries and promotes a sense of global citizenship and solidarity.

World-Systems Theory

A theory that explains global inequality and exploitation by highlighting the dominance of core societies over peripheral societies in the global economic system.

Racial Capitalism

A theory that emphasizes the role of slavery and racial exploitation in shaping the economic and political systems of countries like the United States.

Colour-Blind Racism

A racial ideology that ignores the structural and institutional foundations of racism and attributes racial inequality to cultural factors.

Systemic Racism

The institutionalized and historical patterns of discrimination and inequality that affect marginalized racial groups.

Social Justice

The pursuit of equality and fairness in society, addressing systemic inequalities and recognizing the experiences of marginalized groups.

Reparations

Compensation or restitution provided to individuals or communities who have been historically oppressed or harmed.

Critical Race Theory

An academic framework that examines the ways in which race and racism intersect with law, politics, and society.

Indigenous Justice

A focus on autonomy and self-determination for indigenous peoples, recognizing their rights and addressing historical injustices.

Human Rights

The basic rights and freedoms to which all individuals are entitled, regardless of their race, ethnicity, nationality, or other characteristics.

Historical Inequality

Inequality that is rooted in historical and institutionalized structures, rather than individual actions or choices.

Mass Incarceration

The historical myth of black criminality and the overall context of mass incarceration in the United States.

Politics of Mass Incarceration

The Willie Horton ad and the "tough on crime" political strategy.

Police Brutality

The lack of data collection on people killed by police and the Fatal Force Project.

Reflecting on Summer 2020

Progress towards racial justice since George Floyd's murder and the backlash.

Justice and Systemic Racism

The importance of a universal "right to have rights" and the rise of "security" as the primary national concern.

Civil Rights vs Racial Justice

Key differences between rights and justice.

The Case for Reparations

Redlining and its impact on marginalized communities.

Colour-Blind Racism

A racial ideology that ignores the structural/institutional foundations of racism and white privilege.

Post Jim Crow Racism

Racism after the Jim Crow era and its manifestations in segregation, political participation, policing, incarceration, and economic inequality.

Race, Ethnicity, and Nationality

The overlapping symbolic categories and the fluidity of these categories.

Five Fallacies about Racism

Individualistic Fallacy, Legalistic Fallacy, Tokenistic Fallacy, Ahistorical Fallacy, and Fixed Fallacy.

Gender, Justice, and Culture

The concept of gender and the importance of culture in understanding gender-based violence.

Gender Trouble by Judith Butler

The idea of gender as a product of "bodily inscriptions" and the performance of gender.

Political Backlash

Anti-Trans legislation and its political implications.

Questioning Culture

The role of culture in reproducing negative outcomes such as gender-based violence.

Gender and "Civilized" Culture

The measurement of civilization in relation to Western norms and the impact of globalization on cultural practices.

Theories of Culture and Human Rights

Different perspectives on culture and its relationship with human rights.

International Rights and Local Culture

The challenges of balancing universal definitions and power relations in the international system.

Limits of Western Feminism(s)

Critiques of second-wave feminism, imperialist feminism, and carceral feminism.

The Limits of Rights

Major protests and the limitations of human rights in addressing societal concerns.

The Rise of Neoliberalism

The constriction of the welfare state and the impact of globalization.

The Crisis of Neoliberalism

The 2008 global financial crisis and the rise of populism.

Enlightenment

A period in history characterized by the promotion of science, reason, and individual autonomy as sources of authority, leading to the recognition of human rights.

Social Contract Theory

The idea that individuals voluntarily give up some of their freedom to a sovereign authority in order to live in peace and order.

Sources of "rights" language in the US and French revolutions

The Declaration of the Rights of Man, the US Declaration of Independence, and the Bill of Rights in the US Constitution, which all played a role in shaping the language and understanding of human rights.

Paradox of human rights

The contradiction between the idea of inherent/natural human rights and the need for them to be declared and protected. Human rights can be used to justify violations and can be colonized or used as a political tool.

Cosmopolitanism

Kant's idea that all individuals deserve equal rights and the belief in Western saviorism, which can lead to a paradoxical approach to human rights.

The "end of human rights"

The argument that human rights have been overtaken by performative actions of powerful individuals and governments, leading to a separation between the West and the suffering in the rest of the world.

Western humanism

The belief that moral education and the universal potential for salvation are key components of Western humanism.

Visual themes of humanitarianism

Personification, humanist care, massification, and rescue are visual themes associated with humanitarianism.

Limitations of the labor movement

The labor movement fought for the protection of workers' common interests but often excluded certain workers, had anti-immigrant sentiments, and only sometimes focused on women's labor.

Young's definition of a social group

Young defines a social group as not just arbitrary classifications of individuals but as forms of social relations that shape people's identities and experiences.

Young's five types of oppression

Exploitation, marginalization, powerlessness, cultural imperialism, and violence are the five categories of oppression identified by Young.

Settler colonialism

Settler colonialism refers to a type of colonialism where settlers permanently form a society in a colonized region, displacing indigenous peoples.

Politics of the TRC

The Truth and Reconciliation Commission provided a platform for those affected by the legacy of residential schools to share their experiences of trauma and the relationship between Indigenous peoples and the Canadian government.

The Canadian State's understanding of "aboriginal rights" in law

Aboriginal rights are recognized in the Constitution Act of 1982, but their interpretation and implementation have been subject to legal debates and challenges.

Social conditions of European fascism

Financial crisis, populist anger against elites, appeals to nationalism, expansion of pseudo-scientific claims about race, and critiques of democracy and liberal pluralism were key social conditions that contributed to European fascism.

The Holocaust as a "modern" phenomenon

The Holocaust was made possible by certain norms and institutions of modern civilization, and it was an active product of European civilization.