Human Rights, Movements and Law

On Not Researching Legitimacy

Bibliographic Data

ID2322339
AuthorsK Nash (0000-0001-6445-9628, Goldsmiths University of London, corresponding author)
Year2012
Volume46
Issue5
Pages797-812
Publication date2012-10-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueSociology (JOURNAL)
Journal identifiersISSN: 0038-0385 • E-ISSN: 1469-8684
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/0038038512451528
OpenAlexW2027502373
LanguageEN
Citations received9
References cited35

This article explores the relationship between social movements, human rights and law at different scales. I compare 'global constitutionalism' and 'subaltern cosmopolitanism' as approaches to movements, rights and law. As sociologists, we are especially well placed to address certain assumptions on which these inter-disciplinary approaches rely. I argue that assumptions about the relationship between social movements and human rights that are fundamentally normative limit our understanding of the diversity of organisational forms through which human rights are being defined, and of the complexity of multi-scalar law through which claims to justice are being made. In particular, the importance of the state and national law for institutionalising human rights norms should not be neglected by privileging either local or international law as the legitimate focus of democratic claims for justice

Cosmopolitanism · Fundamental rights · Human rights · International human rights law · Law and economics · Legitimacy · Political science · Politics · Principle of legality · Sociology · Historical and Contemporary Political Dynamics · Human Rights and Development · Judicial and Constitutional Studies · Law