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Record W3121994916

The Exceptional Absence of Human Rights as a Principle in American Law

2014· article· en· W3121994916 on OpenAlex
Mugambi Jouet

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenuePace Digital Repository (Pace University) · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicTorture, Ethics, and Law
Canadian institutionsnot available
Fundersnot available
KeywordsHuman rightsInternational human rights lawLawFundamental rightsPolitical scienceRight to propertySupreme courtDemocracyLinguistic rightsPoliticsSociology
DOInot available

Abstract

fetched live from OpenAlex

Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and New Zealand. Diverse legal, political, sociological, historical, and normative factors shed light on why human rights have hardly made headway as a domestic principle in America.\nThe disinclination to frame domestic problems as human rights issues or to consider humanitarian questions per se helps explain why modern-day America has a worse human rights record than other Western democracies in various areas, including criminal justice, the “War on Terror,” and access to affordable health care. America notably has the highest incarceration rate worldwide; is the only Western democracy to retain the death penalty; and has openly tortured alleged terrorists. In addition, it is the sole Western nation to lack universal health care, which is essentially considered a human right elsewhere in the West.\nThe relative absence of human rights as a principle in contemporary American law is particularly striking given that America has made substantial contributions to the development of individual rights since becoming the first modern democracy to emerge from the Enlightenment in the 18th century. American leaders like Franklin Roosevelt, Eleanor Roosevelt, and Martin Luther King also played an active role in promoting the principle of “human rights” as it gradually emerged into a major international movement. If human rights have not achieved meaningful recognition as a domestic legal principle in the United States, it partly reflects the contradictions of American society.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.975
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.002
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.012
GPT teacher head0.261
Teacher spread0.249 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it