城市与对人权的多元理解:代理人、行动者、舞台

IF 0.6 Q2 Social Sciences
B. Oomen, E. Durmuş
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引用次数: 22

摘要

摘要:本导言阐述了人权与城镇法律多元主义之间关系的关键方面。多年来,这些地方已经开始以多种方式参与人权问题,这有助于对人权的理解多元化。首先,城市和城镇是代理人,或规范的企业家,而不是作为国际法和政治的人权的被动接受者。此外,地方政府是行为者,这就产生了一个问题,即它们在多大程度上可以成为国际法的主体而不仅仅是客体,它们具有自己的国际权限和义务,制定和执行法律。第三,地方作为舞台,远非同质化的实体,而是将不同的地方行动者和立场聚集在一起的空间,在这里,对人权的多元理解发生冲突,并产生、质疑、争议和重新谈判。这些形式的城市参与带来了丰富的人权多元化,从参与其争论的行动者到地方优先考虑的具体权利;从人权辩论在某些空间展开的方式,到人权规范如何在全球和地方之间传播,并变得白话化。在阐述城市活动、人权和法律多元化之间的相互关系的同时,本导言也概述了本期特刊文章中的不同观点如何有助于更好地理解地方政府在提出对人权的多元理解方面的作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Cities and plural understandings of human rights: agents, actors, arenas
Abstract This introduction sets out key aspects of the relationship between human rights and legal pluralism in cities and towns. Over the years, such localities have come to engage with human rights in many ways that contribute to the pluralization of understandings of human rights. For one, cities and towns are agents, or norm entrepreneurs rather than the passive receivers of human rights as international law and politics. In addition, local governments are actors, bringing into question to what extent they could become subjects rather than mere objects of international law, with their own international competences and obligations, making and enforcing law. Thirdly, localities serve as arenas, far from homogenous entities but rather spaces which bring different local actors and positions together, in which plural understandings of human rights clash and are produced, questioned, contested, and re-negotiated. These forms of urban engagement bring about a rich pluralization of human rights, ranging from the actors involved in its contestation, to the specific rights prioritized by localities; from the ways in which human rights debates can play out in certain spaces, to how human rights norms are transported between the global and the local becoming vernacularized. In setting out this interrelationship between urban activity, human rights and legal pluralism, this introduction also serves as an outline of how the different perspectives in the articles in this Special Issue contribute to a better understanding of the role of local governments in putting forward plural understandings of human rights.
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来源期刊
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期刊介绍: As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.
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