Stephen May (2011) holds that language rights have been insufficiently recognized, or just rejected as problematic, in human rights theory and practice. Defending the “human rights approach to language rights”, he claims that language rights should be accorded the status of fundamental human rights, recognized as such by states and international organizations. This article argues that the notion of language rights is far from clear. According to May, one key (...) reason for rejecting the claim that language rights should be considered as human rights is the widespread belief that language rights are collective rights. In order to address this kind of objection, the collective character attributed to language rights must be carefully assessed, distinguishing two different views of what a collective right is. (shrink)

In social and political philosophy, linguistic differences are usually seen as one item in the long and indefinite list of Cultural Differences; consequently, language rights are discussed and criticized together with other cultural rights. In this essay, it is argued that a right to use one's own language can be justified by appeal to the practical role of language in human life. The ability to communicate effectively is essential for human autonomy and well-being; thus there (...) is no need to argue that linguistic groups, as groups, are entitled to special treatment, or that language rights are group rights. Because learning a new language is invariably a costly matter, by recognizing some languages as official languages the state (re)distributes burdens and benefits among its citizens. The task of language rights is to guarantee that these burdens are not distributed in a too unequal way. (shrink)

This volume provides an up-to-date overview of the emerging debates over the role of language rights and linguistic diversity within political theory. Thirteen chapters, written by many of the leading theorists in the field, identify the challenges and opportunities that linguistic diversity raises for contemporary societies.

This paper examines the ‘deep-end’ of the international justice process—the incarceration of persons convicted in specially constituted international criminal tribunals and courts for gross violations of human rights, genocide, crimes against humanity and war crimes with a focus on language rights of such prisoners who are commonly serving sentences in foreign prisons. The punishment phase of the international justice process and its effects are not easily quantifiable and have been largely hidden from view. Although international criminal law (...) asserts that equal treatment before the law requires that there be no significant disparity in punishment regimes from one sentence-enforcing country to another, comparative penology shows that there are considerable differences in the conditions of confinement and the nature of correctional services in the prison systems of different countries. This has a direct impact on post-sentence procedural and rehabilitation rights of which language rights from a key part. In this specific context, and drawing from existing literature, the paper therefore examines the extent to which enforcement practice conforms to the ideal of equal treatment espoused by the tribunals. (shrink)

It is widely acknowledged that language rights are basic human rights. Given the critical role they play in society, multiple constitutions and statutes have been drafted and implemented to ensure...

Despite the declarations of international documents on minority language rights, provision is patchy for supporting minority languages in the UK, where since the 1980s governments have deliberately or unwittingly greatly raised the profile and comparative standing of English. The partial exception to this trend has been the treatment of indigenous/regional minority languages, stimulated by policies of devolution intended to revive or create a sense of national identity, and to redress perceived historic linguistic injustices. In a multicultural state or (...) region these apparently reasonable goals appear to conflict with current views of citizenship that argue for inclusiveness and equal treatment for all under the law. In particular, the question arises why indigenous minority languages should receive official support and funding that is denied to speakers of minority ethnic languages. In this article, I examine various justifications offered for this, including higher population levels, the geographical concentration of indigenous speakers, the long historical ties between regional language and culture, and the notion of promotional rights. I attempt to show each argument lacks force and ignores the fact of natural language change. I argue for an approach to indigenous languages that weights support and funding according to a range of factors including the number of minority speakers, their perceived need and the benefits that would flow from funding. Support from the local community and private sources could also be encouraged. (shrink)

Language Without Rights is a book-length critique of the concept of language rights.

When describing motion along both the horizontal and vertical axes, languages from different families express the elements encoding verticality before those coding for horizontality (e.g., going up right instead of right up). In light of the motor grounding of language, the present study investigated whether the prevalence of verticality in Path expression also governs the trajectory of arm biological movements. Using a 3D virtual-reality setting, we tracked the kinematics of hand pointing movements in five spatial directions, two of which (...) implied the vertical and horizontal vectors equally (i.e., up right +45° and bottom right −45°). Movement onset could be prompted by visual or auditory verbal cues, the latter being canonical in French (“en haut à droite”/up right) or not (“à droite en haut”/right up). In two experiments, analyses of the index finger kinematics revealed a significant effect of gravity, with earlier acceleration, velocity, and deceleration peaks for upward (+45°) than downward (−45°) movements, irrespective of the instructions. Remarkably, confirming the linguistic observations, we found that vertical kinematic parameters occurred earlier than horizontal ones for upward movements, both for visual and congruent verbal cues. Non-canonical verbal instructions significantly affected this temporal dynamic: for upward movements, the horizontal and vertical components temporally aligned, while they reversed for downward movements where the kinematics of the vertical axis was delayed with respect to that of the horizontal one. This temporal dynamic is so deeply anchored that non-canonical verbal instructions allowed for horizontality to precede verticality only for movements that do not fight against gravity. Altogether, our findings provide new insights into the embodiment of language by revealing that linguistic path may reflect the organization of biological movements, giving priority to the vertical axis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

This paper focuses on two legal languages such as the legal English developed by the European Union institutions and the legal Chinese of Mainland China, to study whether the mental representations and the embodied simulation created by the conceptual metaphors for the same Western concept, right, differ in any significant ways. By analysing the data contained in two large corpora, this study has found that, despite the common origin of the concept right in the two legal languages, they conceptualise it (...) in a significantly different fashion. Finally, the findings of this study are read through the theoretical framework proposed for this special issue—hybridity and the Third Space. While it is somewhat straightforward to conceive of Euro English as a hybrid language, owing to the multilingual and supranational setting where it is used, this study has found that the Chinese legal language, too, is a hybrid language exhibiting linguistic features that intersect different belief systems. (shrink)

Since Xi Jinping has taken office in 2012, China’s political repression has only but intensified so that the regime is definitively turning away from the 1990s legal reforms and the many expectations that followed in terms of rule of law and other rights fostering. In replacing these recent developments in a larger perspective including that of a “socialist harmonious society”, which had already shaded a particular light on Chinese reforms, this article proposes to envisage contemporary Chinese legal culture in (...) an evolutionary and theoretical framework. In doing so, it stresses the tensions between a language of rights now fully integrated by the Chinese citizens and the politics of law used, in a last legal ditch struggle, by the Chinese Communist Party as a tool for social stability in disciplining the people by all means including by the threat of its very legal creations. It then concludes in reflecting upon the legal culture emerging out of this great divide between the people and the State. (shrink)

This chapter contains section titled: Linguistic Rights for Latinos Pogge's Argument for English—first A Worrisome Suspicion Language Priority in the Education of Latino Children.

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a (...) global language or lingua franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Alasdair MacIntyre has argued that our contemporary discourse about “rights,” and “natural rights” or “human rights,” is alien to the thought of Aristotleand Aquinas. His worry, it seems, is that our contemporary language of rights is often taken to imply that individuals may possess certain entitlement-conferringproperties or powers (typically called “rights”) entirely in isolation from other individuals, and outside the context of any community or common good. In thispaper, I accept MacIntyre’s worries about our (...) contemporary language of “rights”; however, I seek to show that some of our contemporary language or discourseabout “justice” and “rights” is not altogether misguided, but does—in fact—reflect a properly critical (Aristotelian-Thomistic) understanding of what is meant by“justice” and “rights.”. (shrink)

In the following study the author goes back to the beginnings of the Women's Rights movements in order to pose the question on gender equality by approaching it through the prism of language as a powerful tool in human rights battles. This permits her to show the deep interrelation between women's struggle for recognition and some particular women rights, like the "feminization" of professional titles and the implementation of a gender sensitive language. Hence she argues (...) the thesis that even in the most advanced European democracies, where freedom of speech, education, and scientific research seem actually to be legally guaranteed as universal rights, there is still a deep conflict in regard to the use of language and also that we have throughout history backlashes, reproductions of past stereotypes, and a loss of women's rights which were previously acquired. (shrink)

This paper focuses on Quebec language legislation which has the effect of prohibiting the use of the use of English on signs. The controversial “Frenchonly” sign law is considered in spelling out an argument for collective rights and assessing some of the obstacles which a collective rights thesis must overcome. No attempt is made in this discussion to resolve the question of the relative weight of the collective and individual rights which come into conflict in this (...) situation. No doubt this latter is itself a difficult task. If the argument of this paper is sound, however, a solution phrased wholly in terms of individual rights and the public good is simpler only because it omits important dimensions of the problem. (shrink)

In an attempt to control the 'ballooning' of (discourse about) human rights James Griffin proposes a theory of them grounded in their presumed aim of protecting what he calls 'normative agency'. This paper criticizes the resulting theory's restriction of those thereby deemed to possess human rights only to functioning human agents, and does so in part through special attention to cases of human beings trapped in non-functioning bodies. The need for a less stringent account of the conditions necessary (...) for possession of human rights is suggested, and is defended against the claim that adoption of such an account would continue to favour debasement of the language of human rights. (shrink)

This paper starts from the assumption that linguistic diversity, and more generally, cultural diversity, are intrinsically good. I will look at their opposites, linguistic and cultural poverty, and the current tendencies towards the latter within the globalization process. I will also briefly explore the relationship between human rights and cultural diversity, which may be viewed as somewhat problematic, but the emphasis will be on what I consider the essential aspect of that relationship, namely, the mutually reinforcing relationship be-tween (...) class='Hi'>rights and diversity, and between their opposites, human rights violations and cultural uniformity . In this context, the issue of legislative protection and promotion of cultural diversity will be investigated from a global perspective. Finally, I wish to assess the roles of Africa and of Africanicity with regard to these issues. (shrink)

Words have meanings, often more than one. Many words also have evocative power and communicative reach. It is important to look beyond the legal route in making human rights more effective, and to endorse but proceed beyond human rights being seen as motivation only for legislation (the particular connection on which Herbert Hart commented). Within the legal route itself there is the important issue of interpretation of law that can stretch beyond the domain of fresh legislation. In assessing (...) the ‘originalist’ disciplines of legal interpretation, the article discusses the distinction between interpreting the original text in terms of changing linguistic conventions (on which some commentators have focused) and taking note of public reasoning today in the light of the original ‘constitutional motivation’. (shrink)

The historical problem about the origins of the language of rights derives its importance from the conceptual problem: of "two fundamentally different ways of thinking about justice," which is basic? Is justice unitary or plural? This in turn opens up a problem about the moral status of human nature. A narrative of the origins of "rights" is an account of how and when a plural concept of justice comes to the fore, and will be based on the (...) occurrence of definite speech-forms—the occurrence of the plural noun in the sense of "legal properties." The history of this development is currently held to begin with the twelfth-century canonists. Later significant thresholds may be found in the fourteenth, sixteenth, and eighteenth centuries. Wolterstorff's attempt to find the implicit recognition of rights in the Scriptures depends very heavily on what he takes to be implied rather than on what is stated, and at best can establish a pre- history of rights-language. (shrink)

The right hemisphere syndrome refers to various disturbances in patients’ relationships with space and body due to right hemisphere lesions. While the psychological aspects of this syndrome have been discussed at length in the literature, the relevance of the Lacanian psychoanalytic notion of specular image has not yet been considered. The present study is an attempt to evaluate, in a case report, whether the right hemisphere syndrome has subjective coherence regarding the pathology of the specular image. The patient described here (...) exhibited anosodiaphoria, hemineglect, and personification of his hand. From the words and self-portrait of the patient, gathered during semi-directive interviews, we concluded that the patient’s specular image was split into an "hemi-injured" image and an object-like hemibody deprived of its symbolic value. In this case, anosodiaphoria and hemineglect seem to contribute in different ways to the repression of this intrusive appearance of the real body. (shrink)

The human brain is divided into two hemispheres, right and left, that are joined by a thick ‘cable’ of neural fibres called the corpus callosum. It has long been observed that injury to the left hemisphere in the average adult damages speech, speech comprehension, and reading, and causes paralysis on the right side of the body. Injury to the right hemisphere, on the other hand, seems to leave linguistic capabilities intact, but causes paralysis on the left side of the body. (...) These observations have given rise to the twin concepts of contralaterality of hemispheric control and cognitive specialization of hemispheric function. As far back as the nineteenth century, it was recognized that the left hemisphere’s specialty was language. Pioneering British neurologist John Hughlings Jackson asserted in 1868 that the left hemisphere was the ‘leading side’ in most people, responsible for the control of speech and will. In the decade of the 1940s, French neurologist Henry Hecaen and British psychologist Oliver Zangwill demonstrated that the right hemisphere, far from being passive, controlled visuospatial processing. (shrink)

By now a consensus has emerged that people, when subjected to high-stakes decisions through automated decision systems, have a moral right to have these decisions explained to them. However, furnishing such explanations can be costly. So the right to an explanation creates what we call the cost problem: providing subjects of automated decisions with appropriate explanations of the grounds of these decisions can be costly for the companies and organisations that use these automated decision systems. In this paper, we explore (...) whether large language models could prove significant in overcoming the cost problem. We provide an initial case for believing that they can but only with serious ethical costs. (shrink)

Neoliberal globalization has not yielded the results it promised; global inequality has risen, poverty and hunger are still prevailing in large parts of this world. If this devastating situation shall be improved, economists must talk less about economic growth and more about people's rights. The use of the language of rights will be key for making the economy work more in favor of the least advantaged in this world. Not only will it provide us with the vocabulary (...) necessary to reframe such pressing global problems and to find adequate economic solutions; it will also deliver the basis for deriving according duties and duty-bearers - the language of rights is congruent with the language of justice and as such it is inevitably and at the same time the language of obligations. The language of obligations exposes the multinational corporation as one of the main agents of justice in the global economy. Taking distributive justice as a starting point for reflection, a consistent derivation of the multinational's moral obligations must focus on capabilities rather than on causality. This will lead to a shift from merely passive to active duties and accordingly to a stronger emphasis on the corporation's contribution to the realization of positive rights. (shrink)

This article explores some of the benefits and pitfalls of applying rights language and legislation to the debate over whether to consecrate women as bishops in the Church of England. Secular feminists have pointed out tensions between the concept of women's rights and religious freedom which highlight conflicts in law between religious and gender identities. Women priests have not, as yet, used equal opportunities legislation as a tool to allow women to be consecrated as bishops and faith (...) communities are exempt from this legislation. Wood argues that this exemption is not entirely `safe' due to the established status of the Church of England but the question remains as to whether equal opportunities legislation is the best basis for consecrating women as bishops. (shrink)

Do minority groups have a right to the preservation of their language? I argue that the rights of groups are always reducible to the rights of individuals. In that case, the question whether minorities have a right to the preservation of their language is a question of whether individuals have a right to it. I argue that, in the only relevant sense of ‘right’, they do not. They may have an interest in the preservation of their (...) language, but, if so, that interest must be weighed against the costs of satisfying it, and, normally at least, we should expect that the costs will be quite out of proportion to the weight of the interests involved. (shrink)

This article begins by clarifying and noting various limitations on the universal reach of the human right to health care under positive international law. It then argues that irrespective of the human right to health care established by positive international law, any system of positive international law capable of generating legal duties with prima facie moral force necessarily presupposes a universal moral human right to health care. But the language used in contemporary human rights documents or human (...) class='Hi'>rights advocacy is not a good guide to the content of this rather more modest universal moral human right to health care. The conclusion reached is that when addressing issues of justice as they inevitably arise with respect to health policy and health care, both within and between states, there is typically little to gain and much to risk by framing deliberation in terms of the human right to health care. (shrink)

To what extent is the neural organization of language dependent on factors specific to the modalities in which language is perceived and through which it is produced? That is, is the left-hemisphere dominance for language a function of a linguistic specialization or a function of some domain-general specialization, such as temporal processing or motor planning? Investigations of the neurobiology of signed language can help answer these questions. As with spoken languages, signed languages of the deaf display (...) complex grammatical structure but are perceived and produced via radically different modalities. Thus, by mapping out the neurological similarities and differences between signed and spoken language, it is possible to identify modality-specific contributions to brain organization for language. Research to date has shown a significant degree of similarity in the neurobiology of signed and spoken languages, suggesting that the neural organization of language is largely modality-independent. (shrink)

In a critical scene deeply troubled by questions of justice and responsibility, and beset by political and moral scandals, no issue in recent years has been more urgent or more unsettled than the question of ethics. Geoffrey Galt Harpham, whose previous book, The Ascetic Imperative in Culture and Criticism, was one of the first to announce the critical renewal of ethics, attempts in this new book to explain why ethical questions resist settlement. He urges a new account of ethics not (...) as a stable set of principles, values, or prescriptions, but as a variable factor of "imperativity" immanent in language, analysis, narrative, and creation. (shrink)

This article presents a cognitive anthropological critique of François Jullien’s approach to language and culture. Jullien approaches ‘culture’ as a coherent set of concepts across time and space, relying primarily on identifying Chinese (and Greek) thought with particular concepts expressed in language. This mischaracterizes human culture, which exists on the level of individual mental representations, and relies on a form of linguistic determinism which fails to stand in the face of psychological and anthropological evidence. This leads Jullien to (...) claim an incredible degree of cultural (and ontological) divergence between the Chinese and Europeans. By accounting for the distribution and dynamism of mental representations, the degree to which thought is underdetermined by language, and above all the divergence of intuitive and reflective cognition on the individual level, we can arrive at an alternative, ontologically realistic account of cultural divergence. (shrink)

In this commentary I use recent empirical evidence and theoretical analyses concerning the importance of language and the meaning of self-recognition to reevaluate the claim that the right mute hemisphere in commissurotomized patients possesses a full consciousness. Preliminary data indicate that inner speech is deeply linked to self-awareness; also, four hypotheses concerning the crucial role inner speech plays in self-focus are presented. The legitimacy of self-recognition as a strong operationalization of self-awareness in the right hemisphere is also questioned on (...) the basis that it might rather tap a preexisting body awareness having little to do with an access to mental events. I conclude with the formulation of an alternative interpretation of commissurotomy according to self-awareness — a “complete” one in the left hemisphere and a “primitive” one in the right hemisphere. (shrink)