Brad R Roth
Biographic Data
| ID | 1317952 |
|---|---|
| NAME | Brad R Roth |
| GIVEN NAMES | Brad R |
| FAMILY NAME | Roth |
| SIGNATURE | ROTH B R |
| AFFILIATIONS | Wayne State University |
| VERIFIED | No |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 11 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1995 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
The Trajectory of the Democratic Entitlement Thesis in International Legal Scholarship: A Reply to Akbar Rasulov
Akbar Rasulov’s provocative discussion of the ‘The Curious Case of the International Law of Democracy and the Politics of International Legal Scholarship’ makes two remarkable assertions: i) that the critics of the democratic entitlement thesis won a decisive victory in the contest to influence ‘the conventional wisdom’ within international legal scholarship; and ii) that the critiques objectively served ‘a fundamentally reactionary political age…
The Dual Lives of “The Emerging Right to Democratic Governance”
Thomas M. Franck's The Emerging Right to Democratic Governance has lived a dual existence. On the one hand, it is almost universally cited as having brought international lawyers into the freewheeling debate of the early 1990s among scholars of international relations, comparative politics, and political theory about the so-called “ Third Wave ” of democratization. On the other hand, the article is not infrequently described as a legal avatar of …
Unpacking the Relationship Between Sovereignty, Democracy, and Human Rights
Whither Democratic Legitimism: Contextualizing Recent Developments in the Recognition and Non-recognition of Governments
Erika de Wet has provided a useful and balanced assessment of the current state of the international law of governmental illegitimacy. Her account quite rightly concludes that "democratic legitimacy is not yet a requirement for the recognition of ade juregovernment under customary international law." What follows below seeks to expand on her observations in two ways: by developing somewhat further the doctrinal linkages to which she alludes; and …
Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order
War Law: Understanding International Law and Armed Conflict
War Law: Understanding International Law and Armed Conflict Get access Byers Michael, War Law: Understanding International Law and Armed Conflict. New York: Grove Press, 2005. x, 214 pp. $25.00. Brad R. Roth Brad R. Roth Wayne State University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 49, Issue 3, July 2007, Pages 347–348, https://doi.org/10.1093/ajlh/49.3.347 Published: 01 …
Retrieving Marx for the Human Rights Project
Marxian thought retains its relevance in the current period, not as a comprehensive replacement for liberal human rights theories, but as a source of critique that challenges those theories on the basis of the very values of human freedom and dignity that they espouse. The Marxian approach entails no general rejection of human-rights-oriented constraint, procedural or substantive, on efforts to achieve social change, but rather serves the human r…
Peaceful Transition and Retrospective Justice: Some Reservations
Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case for immunity, amnesty, or sheer forbearance is significantly stronger than Juan E. Méndez' approach to this question can admit. Disagreement about justice is an ineradicable part of political life and a leading cause of violent conflict. Reconciliati…
Democracy and international law
The voluminous literature on recent transitions to democracy has generally lacked an analysis from the perspective of international law. This article explores four aspects of efforts to promote a normative ‘democratic entitlement’. First, it reviews the ways in which notions of democratic legitimacy have infiltrated virtually every aspect of international legal discourse. Second, it explores how a normative legitimacy standard may alter foundatio…
Evaluating democratic progress
The post-Cold-War world has been marked by a series of astonishing changes, many of which have involved openings to popular participation in politics. These openings have occurred in the name of democracy, and have made use of familiar institutional mechanisms of electoral competition. Much recent academic literature has rushed to embrace these events. In the exuberance of the moment, issues become conflated, and differences regarding crucial pri…
Democratic Governance and International Law
Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989–1991 profoundly shook old assumptions. Democratic Governance and International Law attempts to assess international law's new-found interest in fosteri…
Evaluating Democratic Progress: A Normative Theoretical Perspective
Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved. Only in this way will normative evaluation contribute to progress in the achievement of democratic ends
Evaluating Democratic Progress: A Normative Theoretical Perspective
Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved. Only in this way will normative evaluation contribute to progress in the achievement of democratic ends
Retrieving Marx for the Human Rights Project
Marxian thought retains its relevance in the current period, not as a comprehensive replacement for liberal human rights theories, but as a source of critique that challenges those theories on the basis of the very values of human freedom and dignity that they espouse. The Marxian approach entails no general rejection of human-rights-oriented constraint, procedural or substantive, on efforts to achieve social change, but rather serves the human r…
Democracy and international law
The voluminous literature on recent transitions to democracy has generally lacked an analysis from the perspective of international law. This article explores four aspects of efforts to promote a normative ‘democratic entitlement’. First, it reviews the ways in which notions of democratic legitimacy have infiltrated virtually every aspect of international legal discourse. Second, it explores how a normative legitimacy standard may alter foundatio…
Peaceful Transition and Retrospective Justice: Some Reservations
Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case for immunity, amnesty, or sheer forbearance is significantly stronger than Juan E. Méndez' approach to this question can admit. Disagreement about justice is an ineradicable part of political life and a leading cause of violent conflict. Reconciliati…
Evaluating Democratic Progress: A Normative Theoretical Perspective
Roth argues that much of the current discourse on the diffusion of democratic norms is misleading and that only a realistic assessment of the progress of societies in transition will focus attention on the problems that remain to be solved. Only in this way will normative evaluation contribute to progress in the achievement of democratic ends
Evaluating democratic progress
The post-Cold-War world has been marked by a series of astonishing changes, many of which have involved openings to popular participation in politics. These openings have occurred in the name of democracy, and have made use of familiar institutional mechanisms of electoral competition. Much recent academic literature has rushed to embrace these events. In the exuberance of the moment, issues become conflated, and differences regarding crucial pri…
Democratic Governance and International Law
Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989–1991 profoundly shook old assumptions. Democratic Governance and International Law attempts to assess international law's new-found interest in fosteri…
Peaceful Transition and Retrospective Justice: Some Reservations
Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case for immunity, amnesty, or sheer forbearance is significantly stronger than Juan E. Méndez' approach to this question can admit. Disagreement about justice is an ineradicable part of political life and a leading cause of violent conflict. Reconciliati…
Democracy and international law
The voluminous literature on recent transitions to democracy has generally lacked an analysis from the perspective of international law. This article explores four aspects of efforts to promote a normative ‘democratic entitlement’. First, it reviews the ways in which notions of democratic legitimacy have infiltrated virtually every aspect of international legal discourse. Second, it explores how a normative legitimacy standard may alter foundatio…
Retrieving Marx for the Human Rights Project
Marxian thought retains its relevance in the current period, not as a comprehensive replacement for liberal human rights theories, but as a source of critique that challenges those theories on the basis of the very values of human freedom and dignity that they espouse. The Marxian approach entails no general rejection of human-rights-oriented constraint, procedural or substantive, on efforts to achieve social change, but rather serves the human r…
War Law: Understanding International Law and Armed Conflict
War Law: Understanding International Law and Armed Conflict Get access Byers Michael, War Law: Understanding International Law and Armed Conflict. New York: Grove Press, 2005. x, 214 pp. $25.00. Brad R. Roth Brad R. Roth Wayne State University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 49, Issue 3, July 2007, Pages 347–348, https://doi.org/10.1093/ajlh/49.3.347 Published: 01 …
Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order
Whither Democratic Legitimism: Contextualizing Recent Developments in the Recognition and Non-recognition of Governments
Erika de Wet has provided a useful and balanced assessment of the current state of the international law of governmental illegitimacy. Her account quite rightly concludes that "democratic legitimacy is not yet a requirement for the recognition of ade juregovernment under customary international law." What follows below seeks to expand on her observations in two ways: by developing somewhat further the doctrinal linkages to which she alludes; and …
The Dual Lives of “The Emerging Right to Democratic Governance”
Thomas M. Franck's The Emerging Right to Democratic Governance has lived a dual existence. On the one hand, it is almost universally cited as having brought international lawyers into the freewheeling debate of the early 1990s among scholars of international relations, comparative politics, and political theory about the so-called “ Third Wave ” of democratization. On the other hand, the article is not infrequently described as a legal avatar of …
Unpacking the Relationship Between Sovereignty, Democracy, and Human Rights
The Trajectory of the Democratic Entitlement Thesis in International Legal Scholarship: A Reply to Akbar Rasulov
Akbar Rasulov’s provocative discussion of the ‘The Curious Case of the International Law of Democracy and the Politics of International Legal Scholarship’ makes two remarkable assertions: i) that the critics of the democratic entitlement thesis won a decisive victory in the contest to influence ‘the conventional wisdom’ within international legal scholarship; and ii) that the critiques objectively served ‘a fundamentally reactionary political age…
Political science (12 works) · Law (11 works) · Law and economics (9 works) · Politics (9 works) · Sociology (9 works) · Democracy (8 works) · International Law and Human Rights (8 works) · Economics (7 works) · Law (6 works) · Global Peace and Security Dynamics (5 works)