HUMAN RIGHTS

Philosophy 19A

 A Legal Studies Course

Instructor:
Professor Andreas Teuber
teuber@brandeis.edu

Department of Philosophy
BRANDEIS UNIVERSITY
Waltham, Massachusetts 02554
Tel. 781-736-2788

Office Hours:
Tuesday & Fridays 3:00-4:00 PM
and by appointment

T A.s
To be announced
Office Hours: To be announced


          What are human rights and what reasons are there for thinking that persons have rights? Are some rights more basic than others and what compelling interests, if any, justify their violation? The course will look closely at international human rights policies and the moral and political issues to which they give rise as they are embedded in actual, concrete cases.
 

   Course Syllabus

   Course Requirements

   Electronic Reserve

   Texts

   Links

COURSE DESCRIPTION

       Opening sections of the course will be devoted to an examination  of the rights of civilians and non-combatants in time of war, at Hiroshima, during the fire-bombing of Dresden, at Mylai, and  The Nuremberg Trials.

Discussion will include the role considerations of human rights ought to play in the foreign policy of any country as well as an examination of the role such considerations actually have played most recently in Ko sovo, Bo snia-Herzegovina, Rwanda, Chi na & Tibet, Haiti, Iraqi Kurdistan, Chechnya, as well as Cambodia, Bu rma, In donesia, East Timor, the West Bank and the Gaza Strip, Guatamala, El Salvador, Nicaragua, and  South Africa.

 Discussion will also include: territorial integrity and the ethics of humanitarian intervention, state sovereignty and human rights violations, the role of international peacekeeping forces,   the significance and effectiveness of the United Nations Declaration of Human Rights, the responsibilities of individuals and states to alleviate world hunger and famine, the morality of torture, and  the moral and political issues surrounding the plight of refugees and homeless persons.


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SYLLABUS

HUMAN RIGHTS

Philosophy 19a and Legal Studies
Professor Andreas Teuber
Spring  2001

PART I

WEEK 1
January 19th
Introduction and Organization
January 22nd What is a Human Right?
Minogue, "The History of the Idea of Human Rights" (ELRS)
 Cranston, "What are Human Rights?" (ELRS)
 Locke, Second Treatise on Government (excerpt), (ELRS)
WEEK 2
January 26th
The Moral Reality of War
Walzer, JUST AND UNJUST WARS, pp. 3-47
Walzer, "Naked Soldiers," JUST AND UNJUST WARS, pp. 138- 144; 
Walzer, "The Theory of Aggression" JUST AND UNJUST WARS, 
 pp.51-85; 109-124
January 29th Non-Combatant Immunity (1)
Walzer, JUST AND UNJUST WARS, pp.127-137; 144-174
Nagel, "War and Massacre," (ELRS) 
Mavrodes, "Conventions and the Morality of War,"
INTERNATIONAL ETHICS, pp. 75-89
WEEK 3
February 2nd
Non-Combatant Immunity (2)
"War and Innocence," INTERNATIONAL ETHICS, pp. 90-7
Alexander, "Self-Defense and the Killing of Non-Combatants,"
INTERNATIONAL ETHICS, pp. 98-105

Walzer, "Guerrilla War and Terrorism," JUST AND UNJUST WARS, 
pp. 176-206

Walzer, "War and Peace in the Jewish Tradition" (ELRS)
February 5th Churchill╠s Decision to Bomb the German Cities and
Truman╠s Decision to Bomb Hiroshima and Nagasaki
Walzer, JUST AND UNJUST WARS, pp. 251-62; pp. 263-68.
WEEK 4
February 19th
War Crimes: Nuremberg and Mylai
Wasserstrom, "The Relevance of Nuremberg" (ELRS);
Levinson, "Responsibility for Crimes of War" (ELRS)
Walzer, JUST AND UNJUST WARS, pp. 287-327; 
Malament, "Selective Conscientious Objection & Gillette" (ELRS)
February 12th TheDevelopment of Human Rights in International Law
J. Roland Pennock, "Rights, Natural Rights, and Human Rights █ A General    View" (ELRS)
Moynihan, "The Poltics of Human Rights" (ELRS)
Driscoll, "The Development of Human Rights in Intl. Law," (ELRS) 
Douglas Husak "Why There Are No Human Rights"  (ELRS)
Louis Henkin, "International Human Rights as 'Rights'"  (ELRS)
U. N. Declaration and other International Agreements (WEBSITE)

Paper topics for the first paper will be handed out on Friday,
February the 12th. The paper is due on Friday, March the 5th, in class.
 

WEEK 5
February 16th
Human Rights Discussion Week
Part One and Two of the film BREAKER MORANT will be shown during the week of the 16th of February.  The bulk of class time will be devoted to discussing the issues raised during the first four weeks of the course as well as a discussion of strategies for answering the Paper Topics handed out on Friday the 12th.
WEEK 6 Midterm Recess
February 22 - February 26
WEEK 7
March 5th
Human Rights as a Foreign Policy Goal
Tom Harkin, "Human Rights and Foreign Aid: Forging an Unbreakable  Link"(ELRS)
Hugo Adam Bedau, "Human Rights and Foreign Assistance Programs" (ELRS)
Beitz, "Human Rights and Social Justice," (ELRS)
Scanlon, "Human Rights as a Neutral Concern," (ELRS)
MacLean, "Constraints, Goals, and Moralism in Foreign Policy," (ELRS)
Vance, "Law Day Speech on Human Rights," (ELRS)
Carter, "Commencement Address at Notre Dame,"(ELRS)

There will be no class on Tuesday, March the 2nd (Brandeis Thursday)
The first paper is due in class on Friday, March the 5th.
 

WEEK 8
March 9th
Can A Human Rights Policy Be Consistent?
Kirkpatrick, "Establishing a Viable Human Rights Policy," (ELRS)
Sirkin, "Can a Human Rights Policy be Consistent?" (ELRS)
Kristol, "╬Human Rights╠: The Hidden Agenda," (ELRS)
Schifter, "Human Rights in the Reagan Years: Reply to Irving Kristol" (ELRS)
Human Rights Watch, "The Reagan Human Rights Record" (ELRS)
Amnesty International, "Human Rights and U. S. Foreign Policy:  A 
Mandate for Leadership," (ELRS)
Schifter, "Human Rights: A Western Cultural Bias?" (ELRS)
March 12th Humanitarian Intervention: Do States in Systematic Violation of
Human Rights Have a Right to Their Territorial Integrity?
Oppenheim, "A Treatise on International Law (1912)," (ELRS)
Lauterpacht, "Revision of Oppenheim (1955)," (ELRS)
Hall. "A Treatise on International Law (1895)," (ELRS)
Stowell, "Intervention in International Law (1921)," (ELRS)
Hehir, "The Ethics of Intervention," (ELRS)
Buergenthal, "Domestic Jurisdiction & Human Rights,"(ELRS)
WEEK 9
March 16th
The Moral Status of the Nation-State
Beitz, INTERNATIONAL ETHICS:
Luban, "Just War and Human Rights,"pp. 195-216
Walzer, "The Moral Standing of States," pp. 217-237
Luban, "The Romance of the Nation-State," pp. 238-243 
Wicclair, "Human Rights and Intervention," (ELRS)
March 19th Nationalsim, Ethnic Identity, and State Sovereignty
Andrei Sakharov, "Towards Democracy" (ELRS)
Mikhail Girbachev, "Gorbachev Interview by the Washington Post
     & Newsweek" (ELRS)
Mikhail Gorbachev, "Speech to the U. N. General Assembly" (ELRS)
Amnesty International, "Report on Iran" (ELRS)
Peter Galbraith and Christopher Van Hollen, Jr., "Iraqi Chemical Weapons
     Use in Kurdistan" (ELRS)
Hashemi-Rafsanjani, "Speech on Salmon Rushdie Affair" (1989)
Leon Wieseltier, "On Salmon Rushdie and Civil Liberties" (ELRS)
Elizabeth Smith and H. Gene Blocker, "Nationalism, Nation-State, and the
     United Nations" (ELRS)
WEEK 10
March 23rd
Intervention in the Former Yugoslavia
Vayrynen, "How Much Force in Humanitarian Intervention?" (ELRS)
Gompert, "The United States and Yugoslavia╠s Wars" (ELRS)
Weiss, "Collective Spinelessness: U.N. Actions in the Former
Yugoslavia" (ELRS)
Michael Ignatieff, "The Narcissism of Minor Difference" (ELRS)
Hoffmann, "Humanitarian Intervention in the Former Yugoslavia" (ELRS)
March 26th Paper topics for the second paper will be handed out on Friday, March the 26th. They are due on Friday,  April 9th, in class.
WEEK 11 Human Rights Discussion Week
The bulk of class time on Tuesday, March 30th will be devoted to discussing the issues raised during theprevious four weeks of the course
as well as a discussion of strategies for answering the Paper Topics handed out on Friday the 26th

There will be no class on Friday, April 2nd, the beginning of Spring Recess
 

WEEK 12 Spring Recess
April 2 to April 6
WEEK 13
April 13th
Positive Rights vs. Negative Rights
Shue, BASIC RIGHTS, pp. 5-64
April 16th Security Rights:  Torture
Amnesty International, "Twelve Point Program for the Prevention of Torture" (ELRS)
Michael Levin, "The Case for Torture" (ELRS)
Amnesty International, "Torture in the Eighties" (Excerpt) (ELRS)
WEEK 14
April 20th
Subsistence Rights:  Famine
Onora O'Neill, "Lifeboat Earth" INTERNATIONAL ETHICS, pp. 262-81
Peter Singer, "Famine, Affluence, and Morality," INTERNATIONAL ETHICS, pp. 247-61
Garrett Hardin, "On Not Feeding the Starving" (ELRS)
Peter Singer, "Reconsidering the Famine Relief Argument" (ELRS)
Thomas Nagel, "Poverty and Food: Why Charity is Not Enough" (ELRS)
Ignatieff,  "Is Nothing Sacred? The Ethics of Television" (ELRS)
April 23rd The Responsibility of International Organizations and States
Shue, "Liberty, Realism, Affluence, Nationality and Responsibility, " in
    BASIC RIGHTS, pp. 65-152

There will be a showing of THE POLITICS OF FOOD  (a documentary film
about world hunger) in class on Friday, April 9th.
 

WEEK 15
April 27th
Some Priorities for U. S. Foreign Policy
Shue, BASIC RIGHTS, pp.  155-174
Ignatieff, "The Seductiveness of Moral Disgust" (ELRS)
April 30th There will be a quiz in class on Friday, April 30th.
   Paper topics for the final paper will be handed out in class also 
   on Friday the 30th of April after the quiz.  Final papers are due on Monday,
   May 10th at 9:00 AM for ALL SENIORS and by 4:30 PM on May 10th
   for everyone else.  Please hand your papers in at the Philosophy
   Department Main Office which is located in Rabb 305 on the third or 
   second floor of Rabb depending on how you count floors.
WEEK 16
May 4th
What Is To Be Done?
Ignatieff, " The Nightmare From Which We Are Trying To Awake" (ELRS)

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TEXTS


 

Primary texts will be available at the University Book Store:
 

  Michael Walzer, Just and Unjust Wars, Basic Books
  Charles Beitz et al. (eds.), International Ethics, Princeton University Press
  Henry Shue, Basic Rights, Princeton University Press
  Michael Ignatieff, The Warriors Honor: Ethnic War and the Modern Conscience, Owl Books
  Martha Minow, Between Vengeance and Forgiveness, Beacon Press
  Desmond Tutu, No Future Without Forgiveness, Doubleday
         There will also be a specially prepared collection of readings available on the WEB Electronic Reserve (ELRS) accessible by Password.  To reach Electronic Reserve, you may click here:
 http://www.brandeis.edu/cgi- bin/eres/view.pl 
or type the URL into your browser window and hit "Return." These articles are available to you on the WEB if you enter the appropriate code information.  Type in "PHIL19A" for the course number and then the password. You may download any article for your own personal use.  See Articles on Electronic Reserve.  A limited number of these articles will also be available at the Reserve Desk in Goldfarb to use in the Library.

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ARTICLES ON ELECTRONIC RESERVE

 The following articles are available on the WEB through Electronic Reserve (ELRS) accessible by Password.  To reach Electronic Reserve, you may click here: 

http://www.brandeis.edu/cgi- bin/eres/view.pl 
or type the URL into your browser window and hit "Return." These articles are available to you on the WEB if you enter the appropriate code information.  You may download any article for your own personal use. The Library has put these articles ONLINE as PDF Files. To read the articles, you will need to have Adobe Acrobat Reader. If you do not have Adobe Acrobat, then click on the icon below to download it for free.


 
 
(1) "War and Massacre" 
by Thomas Nagel
(29)  "Human Rights: A Western Cultural Bias?"
  by Richard Schifter
(2)  "Utilitarianism and the Rules of War"
  by Richard Brandt
 (30)  "Towards Democracy"
  by Andrei Sakharov
(3)  "War and Peace in the Jewish Tradition"
  by Michael Walzer
(31)  "Gorbachev Interview by the Washington Post & Newsweek"
  Mikhail Girbachev
(4)  "The Relevance of Nuremberg"
  by Richard Wasserstrom
(32)  "Speech to the U. N. General Assembly"
  by Mikhail Gorbachev
(5) "Responsibility for Crimes of War"
   by Sanford Levinson
(33)  "Report on Iran"
  Amnesty International
(6)  "Selective Conscientious Objection & the Gillette Decision"
  by David Malament
(34)  "Iraqi Chemical weapons Use in Kurdistan"
  by Peter Galbraith and Christopher Van Hollen, Jr.
(7)  "The History of the Idea of Human Rights"
  by Kenneth Minogue
(35)  "Speech on Salmon Rushdie Affair" (1989)
  by Hojjat ol-Eslam ╬Ali Akbar Hashemi-Rafsanjani
(8)  "What are Human Rights?"
  by Maurice Cranston
(36)  "On Salmon Rushdie and Civil Liberties"
  by Leon Wieseltier
(9)  "The Politics of Human Rights"
  by Daniel P. Moynihan
(37)  "The United States and Yugoslavia╠s Wars"
  by David C. Gompert
(10) "The Development of Human Rights in Intl. Law,"
  by Dennis J. Driscoll
(38)   "Collective Spinelessness:  U. N. Actions in the Former Yugoslavia"
  by Thomas G. Weiss
(11) Excerpt from Second Treatise on Government
  by John Locke
(39)  "How Much Force in Humanitarian Intervention?"
  by Raimo Vayrynen
(12)  "Rights, Natural Rights, and Human Rights █ A General View"
  by J. Roland Pennock
(40)  "Humanitarian Intervention in the Former Yugoslavia"
  by Stanley Hoffmann
(13)  "Why There Are No Human Rights"
  by Douglas Husak "
(41)  "A Treatise on International Law (1912)"
  by L.  Oppenheim
(14)  "International Human Rights as ╬Rights╠"
  by Louis Henkin
(42)  "Revision of Oppenheim (1955)"
  by H. Lauterpacht
(15)  "Human Rights and Foreign Aid: Forging an Unbreakable Link"
  by Tom Harkin
(43)  "A Treatise on International Law (1895)"
  by W. E. Hall.
(16)  "Human Rights and Foreign Assistance Programs"
  by Hugo Adam Bedau
(44)  "Intervention in International Law (1921)"
  by E. C. Stowell
(17)   "Human Rights and Social Justice"
  by Charles Beitz
(45)  "Domestic Jurisdiction, Intervention & Human Rights"
  by Thomas Buergenthal
(18)  "Human Rights as a Neutral Concern"
  by Thomas Scanlon
(46)  "The Ethics of Intervention"
  by J. Bryan Hehir
(19)  "Constraints, Goals, and Moralism in Foreign Policy"
  by Douglas MacLean
(47)  "Human Rights and Intervention"
  by Marc Wicclair
(20)  "Can A Human Rights Policy Be Consistent?"
  by Abraham M. Sirkin
(48)   "Nationalism, Nation-State, and the United Nations"
  by Elizabeth Smith and H. Gene Blocker
(21)  "Law Day Speech on Human Rights"
  by Cyrus Vance
(49)  "The Narcissism of Minor Difference"
  by Michael Ignatieff
(22)  "Commencement Address at Notre Dame"
  by Jimmy Carter
(50)   "The Seductiveness of Moral Disgust"
  by Michael Ignatieff
(23)  "Establishing a Viable Human Rights Policy"
  by Jeanne Kirkpatrick
(51)  "Twelve Point Program for the Preventiuon of Torture"
  by Amnesty International
(24)  "╬Human Rights╠: The Hidden Agenda"
  by Irving Kristol
(52)   "The Case for Torture"
  by Michael Levin
(25)  "Human Rights in the Reagan Years: A Reply to Irving Kristol"
  by Richard Schifter
(53)  "Torture in the Eighties" (Excerpt)
  by Amnesty International
(26)  "Reform And Human Rights:  The Gorbachev Record"
  by the Commission on Security & Cooperation in Europe
(54)  "On Not Feeding the Starving"
  by Garrett Hardin
(27)  "The Reagan Adminstration╠s Human Rights Record"
   by Holly Burkhalter, Human Rights Watch
(55)  "Reconsidering the Famine Relief Argument"
  by Peter Singer
(28)  "Human Rights and U. S. Foreign Policy:  A Mandate for Leadership"
   by Amnesty International
(56)  "Poverty and Food: Why Charity is Not Enough"
  by Thomas Nagel

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COURSE REQUIREMENTS

Class Times

 The course will meet on Tuesdays, and Fridays from 12:10 PM to 1:30 PM in Shiffman 219.
 
 

Writing

     Three  papers are required on topics growing out of the readings and class discussions. The papers should be about 7 pages in length, preferably typewritten. Paper topics will be available at least ten (10) days before a paper is due. It is wise to make a copy of a paper before handing in the original. If you are working on a computer, make a back-up.

PAPER TOPICS


Human Rights Logs (Journals)

     You  shall also be asked to keep a log or journal throughout the semester.  The log should not be used for note-taking or for  jotting down quotations or for making commentaries on the readings (although you may wish to use a separate note-book for these tasks), but should be reserved exclusively to give and develop your own answers to certain basic questions on human rights issues.  Questions will arise throughout the semester, questions for which there may not necessarily be any, easy or obvious answer, and these questions will be singled- out and identified as questions for the Human Rights logs.  Arrangements shall also be made to have these questions ON LINE and to make it possible for anyone in the class to put their answers on a BULLETIN BOARD as well as the opportunity to comment upon and respond to the answers and commentaries of other students in the class. The Class Bulletin Board is located at  

https://webct.brandeis.edu/webct/public/show_courses.pl

or type the URL into your browser window and hit "Return." To access the discussions on the Bulletin Board, you will need to be registered and enrolled in the course.
 
 

Examinations

 There will be a short-answer quiz in class towards the end of the semester.  There will be no other written examinations, final or otherwise.
 
 

Grading

     Grading will be broken down as follows: 35% for your strongest essay, 30% for your next best effort, and 25% for the essay which is least successful of the three. Participation in class and/or in discussion on the Web/Bulletin Board will count 5% and the quiz will make up for the remaining 5%. count 10%.
 
 

Attendance

Attendance is required.  You are allowed two unexcused absences.  Any further absences will have an impact on your final grade.
 
 

Films

     A few films will be shown during the semester in the Audio-Visual Room of the Library among them, BREAKER MORANT and THE POLITICS OF FOOD (times to be announced).
 
 

Small Group Discussions

     In a course this large discussion groups can be very helpful. Occasional discussion sections will be scheduled especially after paper topics are handed out and before a paper is due. Discussion groups will give you an opportunity to explore some of the complex issues of the course in greater depth.
 
 

Office Hours

     Professor Teuber will hold office hours from 3:00 to 4:00 PM on Tuesdays and Fridays and by appointment. His office is located in RABB, Room 306 (Tel. 736-2787).
 
 

Messages

      If you wish to leave messages for Professor Teuber, you may do so on his Voice Mail at -736-2787 or at his e- mail address: TEUBER@brandeis.edu. You may also wish to visit his Home Page at Teuber Home Page
 

LINKS


 



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March 1, 1999

URL: www.stanley.feldberg.brandeis.edu/~teuber/Courses.html
teuber@brandeis.edu
Andreas Teuber's Home Page