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Socializing States - Promoting Human Rights through International Law (Hardcover, New)
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Socializing States - Promoting Human Rights through International Law (Hardcover, New)
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The role of international law in global politics is as poorly
understood as it is important. But how can the international legal
regime encourage states to respect human rights? Given that
international law lacks a centralized enforcement mechanism, it is
not obvious how this law matters at all, and how it might change
the behavior or preferences of state actors. In Socializing States,
Ryan Goodman and Derek Jinks contend that what is needed is a
greater emphasis on the mechanisms of law's social influence-and
the micro-processes that drive each mechanism. Such an emphasis
would make clearer the micro-foundations of international law. This
book argues for a greater specification and a more comprehensive
inventory of how international law influences relevant actors to
improve human rights conditions. Substantial empirical evidence
suggests three conceptually distinct mechanisms whereby states and
institutions might influence the behavior of other states: material
inducement, persuasion, and what Goodman and Jinks call
acculturation. The latter includes social and cognitive forces such
as mimicry, status maximization, prestige, and identification. The
book argues that (1) acculturation is a conceptually distinct,
empirically documented social process through which state behavior
is influenced; and (2) acculturation-based approaches might
occasion a rethinking of fundamental regime design problems in
human rights law. This exercise not only allows for reexamination
of policy debates in human rights law; it also provides a
conceptual framework for assessing the costs and benefits of
various design principles. While acculturation is not necessarily
the most important or most desirable approach to promoting human
rights, a better understanding of all three mechanisms is a
necessary first step in the development of an integrated theory of
international law's influence. Socializing States provides the
critical framework to improve our understanding of how norms
operate in international society, and thereby improve the capacity
of global and domestic institutions to build cultures of human
rights,
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