Download American Exceptionalism and Human Rights by Michael Ignatieff PDF

By Michael Ignatieff

ISBN-10: 0691116474

ISBN-13: 9780691116471

With the 2003 invasion and next career of Iraq, the main debatable query in global politics quick grew to become even if the U.S. stands in the order of overseas legislation or open air it. Does the USA nonetheless play via the foundations it helped create? American Exceptionalism and Human Rights addresses this query because it applies to U.S. habit when it comes to foreign human rights. With essays by means of 11 major 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 international locations. In his advent, Michael Ignatieff identifies 3 major sorts 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 foreign 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 participants use Ignatieff's essay as a jumping-off element to debate particular kinds of exceptionalism--America's method of capital punishment and to loose 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 for the reason that being awarded 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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Sample text

901 (1972). 33 That even in 1978 the United States Supreme Court deemed the march of the Nazis in Skokie so plainly protected as not even to warrant a full opinion34 speaks volumes about the First Amendment’s unwillingness to treat Nazis differently from Socialists, to treat Klansmen differently from Republicans, or to treat intimidation on grounds of race, religion, or ethnicity differently from any other form of intimidation. In much of the developed world one uses racial epithets at one’s legal peril, one displays Nazi regalia and the other trappings of ethnic hatred at significant legal risk, and one urges discrimination against religious minorities under threat of fine or imprisonment, but in the United States all such speech remains constitutionally protected.

But the fate of this image of American identity has been tied to the fortunes of American liberalism, and these fortunes have not fared well in the past thirty years. For now a liberal multilateralism is more liberal than most Americans would be comfortable to be: against the death penalty, in favor of allowing American citizens to be tried in international courts, and in favor of surrendering some freedom of maneuver to the United Nations. The country that is often called the last fully sovereign nation on earth has yet to be convinced that it stands to gain from this identity.

888 (Ct. App. 1981). S. Hate Speech Legislation: A Comparison,” Brooklyn Journal of International Law 19 (1993): 727–51. 24 See Debbieann Erickson, “Trampling on Equality—Hate Messages in Public Parades,” Gonzaga Law Review 35 (2000): 465–513, at 510. 26 The distinction between American practice and that in other liberal democracies exists not only with respect to incitement, but also with respect to racial epithets and insults intended not to rally or motivate the speaker’s allies but rather to cause psychic harm and mental distress to those to whom the words are directed.

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