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Anger and Forgiveness"Are You There Alone?"10 Good Questions about Life and DeathA Casebook of Ethical Challenges in NeuropsychologyA Companion to BioethicsA Companion to BioethicsA Companion to GenethicsA Companion to GenethicsA Companion to Muslim EthicsA Cooperative SpeciesA Critique of the Moral Defense of VegetarianismA Delicate BalanceA Fragile LifeA Life for a LifeA Life-Centered Approach to BioethicsA Matter of SecurityA Mirror Is for ReflectionA Mirror Is for ReflectionA Natural History of Human MoralityA Philosophical DiseaseA Practical Guide to Clinical Ethics ConsultingA Question of TrustA Sentimentalist Theory of the MindA Short Stay in SwitzerlandA Tapestry of ValuesA Very Bad WizardA World Without ValuesAction and ResponsibilityAction Theory, Rationality and CompulsionActs of ConscienceAddiction and ResponsibilityAddiction NeuroethicsAdvance Directives in Mental HealthAfter HarmAftermathAgainst AutonomyAgainst BioethicsAgainst HealthAgainst MarriageAgainst Moral ResponsibilityAgency and AnswerabilityAgency and ResponsibilityAgency, Freedom, and Moral ResponsibilityAging, Biotechnology, and the FutureAlbert Schweitzer's Reverence for LifeAlphavilleAltruismAltruismAmerican EugenicsAmerican PsychosisAn American SicknessAn Anthology of Psychiatric EthicsAn Introduction to EthicsAn Introduction to Evolutionary EthicsAn Introduction to Kant's Moral Philosophy Ancient Greek and Roman SlaveryAnd a Time to DieAnimal LessonsAnimal RightsAnimal Welfare in a Changing WorldAnimals Like UsApplied Ethics in Mental Health CareAre Women Human?Arguments about AbortionAristotle on Practical WisdomAristotle's Ethics and Moral ResponsibilityAristotle's WayAssisted Suicide and the Right to DieAutonomyAutonomy and the Challenges to LiberalismAutonomy, Consent and the LawBabies by DesignBackslidingBad PharmaBad SoulsBarriers and BelongingBasic Desert, Reactive Attitudes and Free WillBeauty JunkiesBefore ForgivingBeing AmoralBeing YourselfBending Over BackwardsBending 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ChooseClinical Dilemmas in PsychotherapyClinical EthicsCloningClose toYouCoercion as CureCoercive Treatment in PsychiatryCognition of Value in Aristotle's EthicsCognitive Disability and Its Challenge to Moral Philosophy Comfortably NumbCommonsense RebellionCommunicative Action and Rational ChoiceCompassionate Moral RealismCompetence, Condemnation, and CommitmentComprehending CareConducting Insanity EvaluationsConfidential RelationshipsConfidentiality and Mental HealthConflict of Interest in the ProfessionsConsuming KidsContemporary Debates In Applied EthicsContemporary Debates in Moral TheoryContemporary Debates in Social PhilosophyContentious IssuesContesting PsychiatryCrazy in AmericaCreating CapabilitiesCreatures Like Us?Crime and CulpabilityCrime, Punishment, and Mental IllnessCriminal Trials and Mental DisordersCritical Perspectives in Public HealthCritical PsychiatryCrueltyCultural Assessment in Clinical PsychiatryCurrent Controversies in BioethicsCurrent Controversies in Values and ScienceCutting to the CoreCyborg CitizenDamaged IdentitiesDeaf Identities in the MakingDeath Is That Man Taking NamesDebating ProcreationDebating Same-Sex MarriageDecision Making, Personhood and DementiaDecoding the Ethics CodeDefining DifferenceDefining Right and Wrong in Brain ScienceDefining the Beginning and End of LifeDelusions of GenderDementiaDemocracy in What State?Demons of the Modern WorldDescriptions and PrescriptionsDesert and VirtueDesire, Practical Reason, and the GoodDestructive Trends in Mental HealthDeveloping the VirtuesDid My Neurons Make Me Do It?Difference and IdentityDigital HemlockDigital SoulDignityDignityDisability BioethicsDisability, Difference, DiscriminationDiscrimination against the Mentally IllDisordered Personalities and CrimeDisorders of VolitionDisorientation and Moral LifeDivided Minds and Successive SelvesDoes Feminism Discriminate against Men?Does Torture Work?Doing HarmDouble Standards in Medical Research in Developing CountriesDown GirlDrugs and JusticeDuty and the BeastDworkin and His CriticsDying in the Twenty-First CenturyEarly WarningEconomics and Youth ViolenceEmbodied RhetoricsEmerging Conceptual, Ethical and Policy Issues in BionanotechnologyEmotional ReasonEmotions in the Moral LifeEmotions in the Moral LifeEmpathyEmpathy and Moral DevelopmentEmpathy and MoralityEmpirical Ethics in PsychiatryEncountering NatureEncountering the Sacred in PsychotherapyEngendering International HealthEnhancing EvolutionEnhancing Human CapacitiesEnoughEros and the GoodErotic InnocenceErotic MoralityEssays on Derek Parfit's On What MattersEssays on Free Will and Moral ResponsibilityEthical Choices in Contemporary MedicineEthical Conflicts in PsychologyEthical Dilemmas in PediatricsEthical Issues in Behavioral ResearchEthical Issues in Dementia CareEthical Issues in Forensic Mental Health ResearchEthical Issues in the New GeneticsEthical LifeEthical Reasoning for Mental Health ProfessionalsEthical TheoryEthical WillsEthically Challenged 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EthicsExploding the Gene MythExploiting ChildhoodFacing Human SufferingFact and ValueFacts and ValuesFaking ItFalse-Memory Creation in Children and AdultsFat ShameFatal FreedomFellow CreaturesFellow-Feeling and the Moral LifeFeminism and Its DiscontentsFeminist Ethics and Social and Political PhilosophyFeminist TheoryFinal ExamFirst Do No HarmFirst, Do No HarmFlashpointFlesh WoundsForced to CareForgivenessForgivenessForgiveness and LoveForgiveness and ReconciliationForgiveness and RetributionForgiveness is Really StrangeFoucault and the Government of DisabilityFoundational Issues in Human Brain MappingFoundations of Forensic Mental Health AssessmentFree WillFree Will And Moral ResponsibilityFree Will and Reactive AttitudesFree Will, Agency, and Meaning in LifeFree?Freedom and ValueFreedom vs. InterventionFriendshipFrom Darwin to HitlerFrom Disgust to HumanityFrom Enlightenment to ReceptivityFrom Morality to Mental HealthFrom Silence to VoiceFrom Valuing to ValueFrontiers of JusticeGender in the MirrorGenetic PoliticsGenetic ProspectsGenetic ProspectsGenetics of Original SinGenetics of Original SinGenocide's AftermathGetting RealGluttonyGood WorkGoodness & AdviceGreedGroups in ConflictGrowing Up GirlGut FeminismHabilitation, Health, and AgencyHandbook for Health Care Ethics CommitteesHandbook of BioethicsHandbook of Children's RightsHandbook of PsychopathyHappinessHappiness and the Good LifeHappiness Is OverratedHard FeelingsHard LuckHardwired BehaviorHarmful ThoughtsHeal & ForgiveHealing PsychiatryHealth Care Ethics for PsychologistsHeterosyncraciesHistorical and Philosophical Perspectives on Biomedical EthicsHoly WarHookedHookedHow Can I Be Trusted?How Fascism WorksHow Propaganda WorksHow to Do Things with Pornography How to Make Opportunity EqualHow Universities Can Help Create a Wiser WorldHow We HopeHow We Think About DementiaHuman BondingHuman Dignity and Assisted DeathHuman Dignity and Assisted DeathHuman EnhancementHuman GoodnessHuman Identity and 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RightnessMovies and the Moral Adventure of LifeMurder in the InnMy Body PoliticMy Brain Made Me Do ItMy Sister's KeeperMy Sister's KeeperMy WayNakedNano-Bio-EthicsNarrative MedicineNarrative ProsthesisNatural Ethical FactsNatural-Born CybogsNaturalized BioethicsNeither Bad nor MadNeoconservatismNeonatal BioethicsNeurobiology and the Development of Human MoralityNeuroethicsNeuroethicsNeuroethicsNew Takes in Film-PhilosophyNew Waves in EthicsNew Waves in MetaethicsNietzsche on Ethics and PoliticsNo Child Left DifferentNo Impact ManNormative EthicsNormativityNothing about us, without us!Oath BetrayedOf War and LawOn ApologyOn Being AuthenticOn EvilOn Human RightsOn The Stigma Of Mental IllnessOn the TakeOn Virtue EthicsOn What MattersOn What We Owe to Each OtherOne ChildOne Nation Under TherapyOne World NowOne World NowOur Bodies, Whose Property?Our Bodies, Whose Property?Our Daily MedsOur Faithfulness to the PastOur Posthuman FutureOut of EdenOut of Its MindOut of the ShadowsOverdosed AmericaOxford Handbook of Psychiatric EthicsOxford Studies in Normative EthicsOxford Studies in Normative Ethics, Volume 7Oxford Textbook of Philosophy of PsychiatryPassionate DeliberationPatient Autonomy and the Ethics of ResponsibilityPC, M.D.Perfecting VirtuePersonal AutonomyPersonal Autonomy in SocietyPersonal Identity and EthicsPersonalities on the PlatePersonhood and Health CarePersons, Humanity, and the Definition of DeathPerspectives On Health And Human RightsPharmaceutical FreedomPharmacracyPharmageddonPhilosophy and This Actual WorldPhilosophy of BiologyPhilosophy of Technology: The Technological ConditionPhysician-Assisted DyingPicturing DisabilityPilgrim at Tinker CreekPlaying God?Playing God?Political EmotionsPornlandPowerful MedicinesPractical Autonomy and BioethicsPractical EthicsPractical Ethics for PsychologistsPractical RulesPragmatic BioethicsPragmatic BioethicsPragmatic NeuroethicsPraise and BlamePreferences and Well-BeingPrimates and PhilosophersPro-Life, Pro-ChoiceProcreation and ParenthoodProfits Before People?Progress in BioethicsProperty in the BodyProzac As a Way of LifeProzac on the CouchPsychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law Psychiatric EthicsPsychiatry and EmpirePsychological Concepts and Biological PsychiatryPsychology and Consumer CulturePsychology and LawPsychotropic Drug Prescriber's Survival GuidePublic Health LawPublic Health Law and EthicsPublic PhilosophyPunishing the Mentally IllPunishmentPursuits of WisdomPutting Morality Back Into PoliticsPutting on VirtueQuality of Life and Human DifferenceRaceRadical HopeRadical VirtuesRape Is RapeRe-creating MedicineRe-Engineering Philosophy for Limited BeingsReason's GriefReasonably ViciousReckoning With HomelessnessReconceiving Medical EthicsRecovery from SchizophreniaRedefining RapeRedesigning HumansReducing the Stigma of Mental IllnessReflections on Ethics and ResponsibilityReflections On How We LiveReframing Disease 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CulpabilityThe Age of CulpabilityThe Aims of Higher EducationThe Almost MoonThe Altruistic BrainThe American Psychiatric Publishing Textbook of Forensic PsychiatryThe Animal ManifestoThe Animals' AgendaThe Art of LivingThe Autonomy of MoralityThe Beloved SelfThe Best Things in LifeThe Big FixThe Bioethics ReaderThe Biology and Psychology of Moral AgencyThe Blackwell Guide to Medical EthicsThe Body SilentThe BondThe Book of LifeThe Burden of SympathyThe Cambridge Companion to Virtue EthicsThe Cambridge Companion to Virtue EthicsThe Cambridge Textbook of BioethicsThe Case against Assisted SuicideThe Case Against PerfectionThe Case Against PunishmentThe Case for PerfectionThe Case of Terri SchiavoThe Challenge of Human RightsThe Character GapThe Code for Global EthicsThe Colonization Of Psychic SpaceThe Commercialization of Intimate LifeThe Common ThreadThe Connected SelfThe Constitution of AgencyThe Cow with Ear Tag #1389The Creation of PsychopharmacologyThe Criminal BrainThe Decency 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Worldwide Practice of TortureTherapy with ChildrenThieves of VirtueThree Generations, No ImbecilesTimes of Triumph, Times of DoubtTolerance Among The VirtuesTolerance and the Ethical LifeTolerationToxic PsychiatryTrauma, Truth and ReconciliationTreatment Kind and FairTrusting on the EdgeTry to RememberUltimate JudgementUnborn in the USA: Inside the War on AbortionUndermining ScienceUnderstanding AbortionUnderstanding CloningUnderstanding EmotionsUnderstanding EvilUnderstanding Kant's EthicsUnderstanding Moral ObligationUnderstanding Physician-Pharmaceutical Industry InteractionsUnderstanding TerrorismUnderstanding the GenomeUnderstanding the Stigma of Mental IllnessUnderstanding Treatment Without ConsentUnhingedUnprincipled VirtueUnsanctifying Human Life: Essays on EthicsUnspeakable Acts, Ordinary PeopleUp in FlamesUpheavals of ThoughtUsers and Abusers of PsychiatryValue-Free Science?Values and Psychiatric DiagnosisValues in ConflictVegetarianismViolence and Mental DisorderVirtue EthicsVirtue, Rules, and JusticeVirtue, Vice, and PersonalityVirtues and Their VicesVoracious Science and Vulnerable AnimalsVulnerability, Autonomy, and Applied EthicsWar Against the WeakWar, Torture and TerrorismWarrior's DishonourWeaknessWelfare and Rational CareWhat are you staring at?What Genes Can't DoWhat Have We DoneWhat Is a Human?What Is Good and WhyWhat Is Good and WhyWhat Is the Good Life?What Price Better Health?What Should I Do?What We Owe to Each OtherWhat Would Aristotle Do?What's Good on TVWhat's Normal?What's Wrong with Children's RightsWhat's Wrong with Homosexuality?What's Wrong With Morality?When Is Discrimination Wrong?Who Holds the Moral High Ground?Who Owns YouWho Qualifies for Rights?Whose America?Whose View of Life?Why Animals MatterWhy Animals MatterWhy Does Inequality Matter?Why Honor MattersWhy I Burned My Book and Other Essays on DisabilityWhy Not Kill Them All?Why Punish? How Much?Why Some Things Should Not Be for SaleWisdom, Intuition and EthicsWithout ConscienceWomen and Borderline Personality DisorderWomen and MadnessWondergenesWould You Kill the Fat Man?Wrestling with Behavioral GeneticsWriting About PatientsYou Must Be DreamingYour Genetic DestinyYour Inner FishYouth Offending and Youth Justice Yuck!
The History of Human Rights was first published in 2004, but the 2008 edition contains a new, insightful Preface, written with the ramifications of "the American fiasco in Iraq" in mind. The contemporary human rights scenario has been altered somewhat by the Iraq war, and the author takes up the current situation with respect to three debates -- that between the globalists and anti-globalists, between the unilateralists and the multilateralists, and that between market ideology and religious fundamentalism. Most impressively, Ishay offers a third alternative to each of these "Manichean divisions," wherein she attempts to accommodate the primary concerns of either side and develop a position that essentially serves to maximize the application of human rights.
Ishay uses the three debates in her new Preface to foreground and distinguish her own innovative ideas on human rights in the post-George W. Bush world. This use of debates nicely mirrors her original Introduction to the book, where six "historical controversies" are enumerated, and serve to organize the vast quantity of material presented in this ambitious history of human rights -- going back all the way to ancient times -- which also presents in several episodes the author's own polemical stance vis-à-vis the main trends in the multi-faceted human rights debates. Since the six controversies roughly correspond to the six chapters of the book, it is worth listing them:
The first controversy (treated in chapter 1) surrounds the origins of human rights -- do human rights arise out of ancient religious traditions or are they antithetical to them? The second controversy (chapter 2) concerns the claim "that our modern conception of rights, wherever in the world it may be voiced, is predominantly European in origin" (5). Presumably Ishay meant to say "human rights" rather than simply "rights," as the latter claim is absurd, or at best tautological (insofar as the term "modern" in the social sciences tends to refer to 17th century Europe and after). At any rate there is a heavy circularity tacit in the assertion, as it begins with the term "our"; obviously our modern conception of human rights is predominantly European in origin (to be sure, our modern conception of everything is predominantly European in origin). But to move on to the third controversy (chapter 3), it is about the socialist contribution to human rights. The fourth controversy (covered in chapter 4, but also partially in chapter 3 and 5) concerns cultural relativism versus universalism. The fifth controversy (chapter 5) is on the tension between security and human rights. And finally, the sixth controversy (covered in chapters 5 and 6) debates whether or not globalization really advances human rights.
In both the Preface and the Introduction, all of these debates and controversies seem to be mediated and solved by Ishay's recourse or appeal to the letter and spirit of the 1948 Universal Declaration of Human Rights -- a document that assumes a sacred character in her book, beyond the possibility of critique, and never called into question. This is probably not terribly problematic, since most of us -- and certainly anyone who would pick up the book -- would share Ishay's reverence for that document. Nevertheless, many people (e.g. the jurist Ratna Kapur, just to name one prominent person) deeply engaged in some of the controversies that Ishay claims to solve do not place the Universal Declaration of Human Rights under a sacred canopy, and one wonders what alternative set of arguments, if indeed any, the author would appeal to in order to convince them.
We mentioned that the book ambitiously covers a vast scope. This is nowhere more visible than in Chapter 1, which treats of early ethical contributions to human rights, from the most ancient religious scriptures known (the Indian Vedas) through Babylonian and Hebraic, Chinese and ancient Greek, Hellenistic and Roman, early Christian and classical Islamic scriptures, among other writings and traditions! And all this in forty-five pages. Actually, forty-five rather tedious pages packed with inaccurate scholarship and shoddy citation. The author is clearly out of her league in the global historical survey of Chapter 1, and the reader wishes every few pages that Ishay had chosen to concentrate these topics into only ten terse, precise pages instead. Some examples: during a discussion of King Asoka, Ishay writes that "Buddhism became, under his control, a vehicle for conversion by persuasion rather than force" (30). Persuasion by force? Buddhism? Where did she get that? Her source, indubitably, would have been asserting that Asoka himself, after his conversion to Buddhism, attempted to govern his kingdom by persuasion rather than by force; such was the effect of the pacifistic Buddhist tradition on him -- a tradition never known to convert by force. More inaccuracies: Ishay refers to vaishyas as "commoners," rather than mercantilists, and bizarrely speaks of untouchables as "the lowest caste" (49); untouchables, of course, are not the lowest caste (which are the shudras, whom she had already mentioned), but are outside caste. Strangely, when the reader looks up the citation for her remarks on untouchable leader Bhimrao Ambedkar (1891-1956), he gets a reference to the fourth section of the Arthashastra, a text from the fourth century BC!
The first chapter contains an excellent and valuable motif, the premodern history and sources of the idea of human rights. But it has been executed in such a sloppy manner that a précis of the topic would have been far more effective than the laborious version presented.
The second chapter continues with jumbled citations, with references to J.M. Roberts' The History of the World conflated with E.L. Jones' The European Miracle -- perhaps this confused equation is not so incorrect, ultimately, since the nature of the chapter is to attempt to defend the contention that human rights as we understand them today are predominantly a legacy of the European enlightenment. Chapter 3, which covers the contribution to human rights theory by socialist thought and movements, is rather mechanical, and does not improve much upon the scores of other monographs on the topic.
The scholarship, and indeed not just the accuracy and care, but even the sense of passion and interest conveyed, begins to improve quite drastically when, in Chapter 4, we finally reach the 20th century. In fact, the final three chapters (4, 5 & 6) are of such superior quality to the first three (which had covered the vast period from 2000 BCE up to the 20th century) that readers may wish, after the very worthwhile Preface and Introduction, to jump right to Chapter 4 and read from there to the end. This strategy would also prove to be an effective way to overcome the hesitation to pick up the tome in the first place — the book appears do dauntingly thick. In this regard, it is worth noting that the main text is only around 350 pages, with about 100 pages of notes, a comprehensive bibliography, and analytic index tacked on to the end. If, as I suggest, one skips Chapters 1-3, that brings the reading down to only 175 pages -- that is, 175 well researched, elegantly written, and visibly inspired pages.
As adumbrated, the second half of the book is less chronological and more thematic, covering the impact of security issues and globalization on human rights theory and practice. This is where Professor Ishay truly shines, and where her unique contribution to the human rights debates takes on some significance. Through a prudential approach, she attempts to mediate between realists and idealists, statists and cosmopolitans, and those who would favor security at the expense of human rights. Her insistence on maintaining the integrity and spirit of the 1949 Universal Declaration while addressing the security challenges of the post September-11 world will likely find favor in both sides of the debate(s).
Finally, the capacious book ends with a useful Appendix providing a chronology of events and writings related to human rights. Unfortunately, although it really should have been, the author and publisher failed to update this chronology for the 2008 edition.
© 2008 Aakash Singh
Aakash Singh is a Research Professor at the Center of Ethics and Global Politics, Luiss University, Rome.