Afterword to "Anthropology and Human Rights in a New Key": The Social Life of Human Rights

In this article, I argue for an ethnographic approach to human rights that recognizes the plural and fragmentary nature of the international rights regime and the ideological promiscuity of rights talk. Instead of determining in advance the social or political character of rights, anthropologists could profitably draw from the insights of early-20th-century "legal realists" and look closely at the underlying assumptions and hidden practices of political and legal processes. Studying the "social life of human rights" would involve focusing on, inter alia, the performative dimensions of human rights, the dynamics of social mobilization, and the attitudinal changes of elite and nonelite social actors towards formulations of "rights" and "justice," both inside and outside the legal process. I conclude with a review of recent anthropological research on human rights epistemology and evaluate its implications for human rights policy.     

At the Crossroads of Human Rights and Anthropology: Toward a Critically Engaged Activist Research

In this article, I consider anthropology's engagement with human rights today. Through the lens of my experience in a case brought before the International Labor Organization by a community in Chiapas, Mexico, I consider the ethical, practical, and epistemological questions that arise in research defined by rights activism. I argue that the critical engagement brought about by activist research is both necessary and productive. Such research can contribute to transforming the discipline by addressing the politics of knowledge production and working to decolonize our research process. Rather than seeking to avoid or resolve the tensions inherent in anthropological research on human rights, activist research draws them to the fore, making them a productive part of the process. Finally, activist research allows us to merge cultural critique with political action to produce knowledge that is empirically grounded, theoretically valuable, and ethically viable.     

Human Rights Reasoning and Medical Law: A Sceptical Essay

I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has ‘by virtue of their humanity’, (b) reasoning from rights that provide ‘hard to defeat’ reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re‐conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) ‘looking straight through’ the human right to the (disagreement about) values and features that each person has by virtue of their humanity.     

Introduction to "Anthropology and Human Rights in a New Key"

In this "In Focus" introduction, I begin by offering an overview of anthropology's engagements with human rights following the American Anthropological Association's (AAA) 1947 "Statement on Human Rights." After offering a rereading of the Statement, I describe the two major anthropological orientations to human rights that emerged in the 1980s and 1990s, following several decades of relative disengagement. Finally, I locate the articles in relation to this history and indicate how, when taken as a whole, they express a new key or register within which human rights can be studied, critiqued, and advanced through anthropological forms of knowledge. This "In Focus" is in part an argument for an essentially ecumenical anthropology of human rights, one that can tolerate, and indeed encourage, approaches that are both fundamentally critical of contemporary human rights regimes and politically or ethically committed to these same regimes.     

Transnational Storytelling: Human Rights, WITNESS, and Video Advocacy

Video is increasingly utilized by human rights groups as a component in their advocacy strategies. This article looks at how video is used for a range of local, national, and transnational human rights audiences—both traditional and alternative. Drawing on a case study from the Philippines, it considers the challenges and issues faced by WITNESS (www.witness.org), its locally based human rights partners, and other similar organizations as they create and use video as visual evidence, testimony, and moral story before local, international, and transnational human rights audiences. These challenges include the contextualization of stories and sight bites, dilemmas of moving testimony between advocacy and media arenas, and the difficulties of establishing an ethical relationship, a community of witness, at a distance. This article is written in a personal capacity, although it draws on my experiences working as Program Manager at WITNESS.     

Transnational Human Rights and Local Activism: Mapping the Middle

How do transnational ideas such as human rights approaches to violence against women become meaningful in local social settings? How do they move across the gap between a cosmopolitan awareness of human rights and local sociocultural understandings of gender and family? Intermediaries such as community leaders, nongovernmental organization participants, and social movement activists play a critical role in translating ideas from the global arena down and from local arenas up. These are people who understand both the worlds of transnational human rights and local cultural practices and who can look both ways. They are powerful in that they serve as knowledge brokers between culturally distinct social worlds, but they are also vulnerable to manipulation and subversion by states and communities. In this article, I theorize the process of translation and argue that anthropological analysis of translators helps to explain how human rights ideas and interventions circulate around the world and transform social life.     

Introduction: Making Human Rights Claims Public

This introduction explores some of the broader themes in this special section on the technologies of witnessing. In today's globally mediated world, visual images play a central role in determining which violences are redeemed and which get recognized. Northern human rights activists understand this fact and in recent years have built a transnational communications infrastructure through which "local" actors' claims are formatted into human rights "issues." I discuss the axiom that underpins this infrastructure, the notion that "seeing is believing," and then go on to briefly analyze some of the models (mobilization of shame) and forms (testimony) through which activists mediate their claims.     

Human Rights and Broken Cisterns: Counterpublic Christianity and Rights-based Discourse in Contemporary England

Although human rights are often framed as the result of centuries of Western Christian thought, many English evangelicals are wary of the U.K.’s recent embrace of rights-based law. Yet this wariness does not preclude their use of human rights instruments in the courts. Drawing upon fieldwork with Christian lobbyists and lawyers in London, I argue that evangelical activists instrumentalise rights-based law so as to undermine the universalist claims on which they rest. By constructing themselves as a marginalised counterpublic whose rights are frequently ‘trumped’ by the competing claims of others, they hope to convince their fellow Britons that a society built upon the logic of equal rights cannot hope to deliver the human flourishing it promises. Given the salience of contemporary political conservatism, I call for further ethnographic research into counterpublic movements, and offer my interlocutors’ instrumentalisation of human rights as a critique of the inconsistencies of secular law.     

Cloth, Gender, Continuity, and Change: Fabricating Unity in Anthropology

In this article, I compare backstrap-loom weaving in three cultural contexts: the ancient Maya, the ancient Aztecs, and 20th-century Mesoamerica. Although continuities are present, important differences exist in the ways that weaving was situated historically. Among the Classic Maya, weaving defined class; in Aztec Mexico, weaving defined gender; and in 20th-century Mesoamerica, weaving defined ethnicity. A comparison of these cases suggests that historical study is a useful tool for both archaeologists and ethnographers. It promotes recognition of the diversity of practice and belief in ancient societies. It helps to define the scope of contemporary ethnographic study. It combats cultural essentialism and injects agency into our accounts. It enables us to acknowledge both the rich heritage of indigenous peoples and the fact of culture change. Comparative historical study provides a strong rationale for the continued association of archaeology and cultural anthropology as parts of a wider anthropological whole.     

Studying Knowledge, Culture, and Behavior in Applied Medical Anthropology

In this article we argue that the concept of knowledge, as utilized by public health professionals, is best regarded as cultural belief as defined in anthropology. The implications of this position are explored, particularly as it relates to the development of a decision-making approach to the understanding and analysis of health care behavior. The methodological challenges posed by the new theoretical perspective that has emerged from the emphasis on decision making is discussed from the perspective of applied research. The role of focused ethnographic studies is examined and contrasted with ethnomedicine and survey approaches. Some main features of focused ethnographic methods are described and illustrated with a case example of acute respiratory infection (ARI) in Gambia. [knowledge and cultural beliefs, decision-making approaches, health behavior, focused ethnographic studies]     

From Health to Human Rights: Female Genital Cutting and the Politics of Intervention

ABSTRACT  The international campaign to eliminate female genital cutting (FGC) has, since the early 1990s, actively attempted to divorce itself from a health framework, adopting instead a human rights framework to justify intervention. Several key questions emerge regarding the prominent placement of FGC in the international human rights movement: What are the ramifications of framing FGC as a human rights violation? What actions are mandated by a human rights approach? What perils and pitfalls potentially arise from the adoption of a rights-based framework, and how might they be avoided? In exploring these questions it becomes clear that, although a human rights approach is promising, careful deliberation is required to develop action strategies that offer both protection and respect for the culture and autonomy of those women and families concerned.     

Legal Rights in Human Bodies, Body Parts and Tissue

This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.

分子人类学与现代人的起源*

1953年Watson & Crick 对于DNA双螺旋结构模型的提出及对其遗传机理的解释,标志着现代分子生物学的诞生。其后短短50年的时间里,分子生物学在各个学科之间广泛渗透,相互促进,不断深入和发展。在以研究人类的起源和进化为首要任务的人类学领域,由于现代分子生物学理论和方法的应用,诞生了分子人类学这一全新的结合型分支学科,为人类学的发展提供了科学可信的研究方法和具发展前景的研究方向。系统地介绍了分子人类学的发展历史、研究方法及原理;另外,结合分子人类学在古人类学研究中的应用,讨论了关于现代人起源的“非洲起源说”和“多地区连续演化说”。Abstract: Since Watson & Crick put forward the double-helix model of DNA structure and hereditary mechanism in 1953, it is generally accepted that this event marks the birth of modern molecular biology. This new field of biology has experienced a flourishing development in the past 50 years. On one hand, the development of molecular biology has been deeply influencing many relative fields; on the other hand, its own proceeding pace has been accelerated by the reaction from the other fields. Anthropology is one of the fields most deeply impacted by the theory and method of molecular biology. Most importantly, molecular anthropology was born as a result of combination of molecular biology, anthropology as well as paleoanthropology. This new branch provides reliable method and vital direction for paleoanthropology. This paper systematically reviews the history, principle and method of molecular anthropology. Two hypotheses on the origin of modern human, which include “out-of-African theory” and “theory of multiregional evolution” are also discussed for the purpose of showing how molecular anthropology is applied in paleoanthropology.     

Human rights,environment, and development: The dispossession of fishing communities on Lake Malawi

In a growing number of cases throughout Africa, communities' resource bases are being undermined or appropriated by outsiders, a process which seriously threatens the continuation of local cultures and livelihoods. In this article, we use a political ecology framework to examine how the linked processes of economic development, political power, and environmental change are transgressing the rights of fishing communities on the shores of Lake Malawi. In the cases described, these communities, or community members within them, find themselves powerless to prevent the expropriation of the resources over which they previously had either legal or customary control. Thus, it is not the economic processes of dispossession alone which lead to human rights violations but rather dispossession combined with an authoritarian political context.     

Human environmental crisis and the transnational corporation: The question of culpability

This commentary outlines the conflict of interests inherent in the state-transnational corporation relationship, and briefly discusses the failure of bilateral and multilateral mechanisms to ensure corporate accountability and compliance with basic human rights and international environmental laws.     

"And This Is How You Shall Ask": Linguistics, Anthropology, and Education in the Work of David Smith

This article celebrates the life and work of David M. Smith, former Council on Anthropology and Education president and founder of the University of Pennsylania Ethnography in Education Research Forum, tracing his contributions to the fields of linguistics, anthropology, and education through the dual lens of his ten research principles and Walt Whitman's life advice. David Smith's pioneering efforts helped push disciplinary boundaries and generate innovations in sociolinguistics, pidgin and creole linguistics, ethnography and education, sociocultural studies of literacy, and Indigenous studies.