Human Rights: An Anthropological Reader (Wiley Blackwell Readers in Anthropology) - Hardcover

Goodale, Mark

Hardcover

ISBN 10: 1405183357 ISBN 13: 9781405183352

Publisher: Wiley-Blackwell, 2008

Synopsis

This innovative reader brings together key works that demonstrate the important and unique contributions anthropologists have made to the understanding and practice of human rights over the last 60 years.

• Draws on a range of intellectual and methodological approaches to reveal both the ambiguities and potential of the postwar human rights project
• Brings together essays by both contemporary luminaries and seminal figures to provide a rich introduction to the subject
• Supplemented with selected international human rights documents and links to websites on human rights

About this title

About the Author

Mark Goodale is Assistant Professor of Conflict Analysis and Anthropology at George Mason University and the Series Editor of Stanford Studies in Human Rights. He is the author of Surrendering to Utopia: An Anthropology of Human Rights (Stanford UP, 2009) and Dilemmas of Modernity: Bolivian Encounters with Law and Liberalism (Stanford UP, 2008) and coeditor (with Sally Engle Merry) of The Practice of Human Rights: Tracking Law Between the Global and the Local (Cambridge UP, 2007).

From the Back Cover

Human Rights: An Anthropological Reader is a groundbreaking collection that brings together key works that demonstrate the important and unique contributions that anthropologists have made to the understanding and practice of human rights over the last 60 years.

For decades, anthropologists have drawn on a range of intellectual and methodological approaches in order to reveal both the ambiguities and tremendous potential of the postwar human rights project. This volume synthesizes these different approaches and demonstrates how anthropologists have engaged with human rights as committed activists, empirical researchers, and cultural critics. By examining and drawing out the broader implications of this continuing legacy for the twenty-first century, this text serves as an essential resource for researchers, practitioners, and students of human rights.

For decades, anthropologists have drawn on a range of intellectual and methodological approaches in order to reveal both the ambiguities and tremendous potential of the postwar human rights project. This volume synthesizes these different approaches and demonstrates how anthropologists have engaged with human rights as committed activists, empirical researchers, and cultural critics. By examining and drawing out the broader implications of this continuing legacy for the twenty-first century, this text serves as an essential resource for researchers, practitioners, and students of human rights.

Excerpt. © Reprinted by permission. All rights reserved.

Human Rights

An Anthropological ReaderBy Mark Goodale

John Wiley & Sons

Copyright © 2009 Mark Goodale
All right reserved.
ISBN: 978-1-4051-8335-2

Chapter One

Statement on Human Rights (1947) and Commentaries

American Anthropological Association, Julian H. Steward, and H. G. Barnett

Statement on Human Rights Submitted to the Commission on Human Rights, United Nations by the Executive Board, American Anthropological Association

The problem faced by the Commission on Human Rights of the United Nations in preparing its Declaration on the Rights of Man must be approached from two points of view. The first, in terms of which the Declaration is ordinarily conceived, concerns the respect for the personality of the individual as such, and his right to its fullest development as a member of his society. In a world order, however, respect for the cultures of differing human groups is equally important.

These are two facets of the same problem, since it is a truism that groups are composed of individuals, and human beings do not function outside the societies of which they form a part. The problem is thus to formulate a statement of human rights that will do more than just phrase respect for the individual as an individual. It must also take into full account the individual as a member of the social group of which he is a part, whose sanctioned modes of life shape his behavior, and with whose fate his own is thus inextricably bound.

Because of the great numbers of societies that are in intimate contact in the modern world, and because of the diversity of their ways of life, the primary task confronting those who would draw up a Declaration on the Rights of Man is thus, in essence, to resolve the following problem: How can the proposed Declaration be applicable to all human beings, and not be a statement of rights conceived only in terms of the values prevalent in the countries of Western Europe and America?

Before we can cope with this problem, it will be necessary for us to outline some of the findings of the sciences that deal with the study of human culture, that must be taken into account if the Declaration is to be in accord with the present state of knowledge about man and his modes of life.

If we begin, as we must, with the individual, we find that from the moment of his birth not only his behavior, but his very thought, his hopes, aspirations, the moral values which direct his action and justify and give meaning to his life in his own eyes and those of his fellows, are shaped by the body of custom of the group of which he becomes a member. The process by means of which this is accomplished is so subtle, and its effects are so far-reaching, that only after considerable training are we conscious of it. Yet if the essence of the Declaration is to be, as it must, a statement in which the right of the individual to develop his personality to the fullest is to be stressed, then this must be based on a recognition of the fact that the personality of the individual can develop only in terms of the culture of his society.

Over the past fifty years, the many ways in which man resolves the problems of subsistence, of social living, of political regulation of group life, of reaching accord with the Universe and satisfying his aesthetic drives has been widely documented by the researches of anthropologists among peoples living in all parts of the world. All peoples do achieve these ends. No two of them, however, do so in exactly the same way, and some of them employ means that differ, often strikingly, from one another.

Yet here a dilemma arises. Because of the social setting of the learning process, the individual cannot but be convinced that his own way of life is the most desirable one. Conversely, and despite changes originating from within and without his culture that he recognizes as worthy of adoption, it becomes equally patent to him that, in the main, other ways than his own, to the degree they differ from it, are less desirable than those to which he is accustomed. Hence valuations arise, that in themselves receive the sanction of accepted belief.

The degree to which such evaluations eventuate in action depends on the basic sanctions in the thought of a people. In the main, people are willing to live and let live, exhibiting a tolerance for behavior of another group different than their own, especially where there is no conflict in the subsistence field. In the history of Western Europe and America, however, economic expansion, control of armaments, and an evangelical religious tradition have translated the recognition of cultural differences into a summons to action. This has been emphasized by philosophical systems that have stressed absolutes in the realm of values and ends. Definitions of freedom, concepts of the nature of human rights, and the like, have thus been narrowly drawn. Alternatives have been decried, and suppressed where controls have been established over non-European peoples. The hard core of similarities between cultures has consistently been overlooked.

The consequences of this point of view have been disastrous for mankind. Doctrines of the "white man's burden" have been employed to implement economic exploitation and to deny the right to control their own affairs to millions of peoples over the world, where the expansion of Europe and America has not meant the literal extermination of whole populations. Rationalized in terms of ascribing cultural inferiority to these peoples, or in conceptions of their backwardness in development of their "primitive mentality," that justified their being held in the tutelage of their superiors, the history of the expansion of the western world has been marked by demoralization of human personality and the disintegration of human rights among the peoples over whom hegemony has been established.

The values of the ways of life of these peoples have been consistently misunderstood and decried. Religious beliefs that for untold ages have carried conviction, and permitted adjustment to the Universe have been attacked as superstitious, immoral, untrue. And, since power carries its own conviction, this has furthered the process of demoralization begun by economic exploitation and the loss of political autonomy. The white man's burden, the civilizing mission, have been heavy indeed. But their weight has not been borne by those who, frequently in all honesty, have journeyed to the far places of the world to uplift those regarded by them as inferior.

We thus come to the first proposition that the study of human psychology and culture dictates as essential in drawing up a Bill of Human Rights in terms of existing knowledge:

1. The individual realizes his personality through his culture, hence respect for individual differences entails a respect for cultural differences.

There can be no individual freedom, that is, when the group with which the individual indentifies himself is not free. There can be no full development of the individual personality as long as the individual is told, by men who have the power to enforce their commands, that the way of life of his group is inferior to that of those who wield the power.

This is more than an academic question, as becomes evident if one looks about him at the world as it exists today. Peoples who on first contact with European and American might were awed and partially convinced of the superior ways of their rulers have, through two wars and a depression, come to re-examine the new and the old. Professions of love of democracy, of devotion to freedom have come with something less than conviction to those who are themselves denied the right to lead their lives as seems proper to them. The religious dogmas of those who profess equality and practice discrimination, who stress the virtue of humility and are themselves arrogant in insistence on their beliefs have little meaning for peoples whose devotion to other faiths makes these inconsistencies as clear as the desert landscape at high noon. Small wonder that these peoples, denied the right to live in terms of their own cultures, are discovering new values in old beliefs they had been led to question.

No consideration of human rights can be adequate without taking into account the related problem of human capacity. Man, biologically, is one. Homo sapiens is a single species, no matter how individuals may differ in their aptitudes, their abilities, their interests. It is established that any normal individual can learn any part of any culture other than his own, provided only he is afforded the opportunity to do so. That cultures differ in degree of complexity, of richness of content, is due to historic forces, not biological ones. All existing ways of life meet the test of survival. Of those cultures that have disappeared, it must be remembered that their number includes some that were great, powerful, and complex as well as others that were modest, content with the status quo, and simple. Thus we reach a second principle:

2. Respect for differences between cultures is validated by the scientific fact that no technique of qualitatively evaluating cultures has been discovered.

This principle leads us to a further one, namely that the aims that guide the life of every people are self-evident in their significance to that people. It is the principle that emphasizes the universals in human conduct rather than the absolutes that the culture of Western Europe and America stresses. It recognizes that the eternal verities only seem so because we have been taught to regard them as such; that every people, whether it expresses them or not, lives in devotion to verities whose eternal nature is as real to them as are those of Euroamerican culture to Euroamericans. Briefly stated, this third principle that must be introduced into our consideration is the following:

3. Standards and values are relative to the culture from which they derive so that any attempt to formulate postulates that grow out of the beliefs or moral codes of one culture must to that extent detract from the applicability of any Declaration of Human Rights to mankind as a whole.

Ideas of right and wrong, good and evil, are found in all societies, though they differ in their expression among different peoples. What is held to be a human right in one society may be regarded as anti-social by another people, or by the same people in a different period of their history. The saint of one epoch would at a later time be confined as a man not fitted to cope with reality. Even the nature of the physical world, the colors we see, the sounds we hear, are conditioned by the language we speak, which is part of the culture into which we are born.

The problem of drawing up a Declaration of Human Rights was relatively simple in the Eighteenth Century, because it was not a matter of human rights, but of the rights of men within the framework of the sanctions laid by a single society. Even then, so noble a document as the American Declaration of Independence, or the American Bill of Rights, could be written by men who themselves were slave-owners, in a country where chattel slavery was a part of the recognized social order. The revolutionary character of the slogan "Liberty, Equality, Fraternity" was never more apparent than in the struggles to implement it by extending it to the French slave-owning colonies.

Today the problem is complicated by the fact that the Declaration must be of world-wide applicability. It must embrace and recognize the validity of many different ways of life. It will not be convincing to the Indonesian, the African, the Indian, the Chinese, if it lies on the same plane as like documents of an earlier period. The rights of Man in the Twentieth Century cannot be circumscribed by the standards of any single culture, or be dictated by the aspirations of any single people. Such a document will lead to frustration, not realization of the personalities of vast numbers of human beings.

Such persons, living in terms of values not envisaged by a limited Declaration, will thus be excluded from the freedom of full participation in the only right and proper way of life that can be known to them, the institutions, sanctions and goals that make up the culture of their particular society.

Even where political systems exist that deny citizens the right of participation in their government, or seek to conquer weaker peoples, underlying cultural values may be called on to bring the peoples of such states to a realization of the consequences of the acts of their governments, and thus enforce a brake upon discrimination and conquest. For the political system of a people is only a small part of their total culture.

World-wide standards of freedom and justice, based on the principle that man is free only when he lives as his society defines freedom, that his rights are those he recognizes as a member of his society, must be basic. Conversely, an effective world-order cannot be devised except insofar as it permits the free play of personality of the members of its constituent social units, and draws strength from the enrichment to be derived from the interplay of varying personalities.

The world-wide acclaim accorded the Atlantic Charter, before its restricted applicability was announced, is evidence of the fact that freedom is understood and sought after by peoples having the most diverse cultures. Only when a statement of the right of men to live in terms of their own traditions is incorporated into the proposed Declaration, then, can the next step of defining the rights and duties of human groups as regards each other be set upon the firm foundation of the present-day scientific knowledge of Man.

June 24, 1947

Comments on the Statement on Human Rights Julian H. Steward

When the Executive Board was instructed to draft a "Statement on Human Rights," it was, I believe, generally understood that any political stand or value judgment should be avoided. The Board has obviously made every effort to limit the Statement to scientifically supportable assertions, but it seems clear now that it was asked to do the impossible. I am led to this conclusion not only by my own thinking, but by discussions which I have heard.

If the plea that cultural values be respected means merely that the primitive peoples, who are on the receiving end of civilizing influences, be treated with greater understanding and tolerance, there can be little objection to it. To be universally valid, however, the Statement must apply equally to the cultural values which underlie the internal policies and motivate the foreign affairs of the civilized nations. I should doubt that, in urging that values be respected because "man is free only when he lives as his society defines freedom," we really mean to approve the social caste system of India, the racial caste system of the United States, or many of the other varieties of social discrimination in the world. I should question that we intend to condone the exploitation of primitive peoples through the Euro-American system of economic imperialism, while merely asking for more understanding treatment of them: or, on the other hand, that we are prepared to take a stand against the values in our own culture which underly such imperialism.

As "respect for cultural differences" certainly does not advocate tolerance of the values in Nazi Germany, where the "individual ... [realized] his personality" through the Youth movement, a qualification is introduced (p. 543) that seems to contradict the basic premise and to be incompatible with anthropological thinking. "Even where political systems exist that deny citizens the right of participation in their government, or seek to conquer weaker peoples, underlying cultural values may be called on to bring the peoples of such states to a realization of the consequences of the acts of their governments, and thus enforce a brake upon discrimination and conquest." This may have been a loophole to exclude Germany from the advocated tolerance, but it looks to me like the fatal breach in the dyke. Either we tolerate everything, and keep hands off, or we fight intolerance and conquest - political and economic as well as military - in all their forms. Where shall the line be drawn? As human beings, we unanimously opposed the brutal treatment of Jews in Hitler Germany, but what stand shall be taken on the thousands of other kinds of racial and cultural discrimination, unfair practices, and inconsiderate attitudes found throughout the world?

(Continues...)

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Edition details

• Publisher: Wiley-Blackwell
• Publication date: 2008
• Language: English
• ISBN 10: 1405183357
• ISBN 13: 9781405183352
• Binding: Hardcover
• Edition number: 1
• Number of pages: 416