With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions).
The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism. These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.
Michael Ignatieff is Carr Professor of Human Rights Practice and Director of the Carr Center for Human Rights Policy at the John F. Kennedy School of Government, Harvard University. His numerous books include "Human Rights as Politics and Idolatry" (Princeton) and "The Lesser Evil: Political Ethics in an Age of Terror".
Chapter 1. Introduction: American Exceptionalism and Human Rights by Michael Ignatieff 1 PART I. THE VARIETIES OF EXCEPTIONALISM 27 Chapter 2. The Exceptional First Amendment by Frederick Schauer29 Chapter 3. Capital Punishment and American Exceptionalism by Carol S. Steiker 57 Chapter 4. Why Does the American Constitution Lack Social and Economic Guarantees? By Cass R. Sunstein 90 Chapter 5. America's Jekyll-and-Hyde Exceptionalism by Harold Hongju Koh 111 PART II. EXPLAINING EXCEPTIONALISM 145 Chapter 6. The Paradox of U.S.Human Rights Policy by Andrew Moravcsik 147 Chapter 7. American Exceptionalism, Popular Sovereignty, and the Rule of Law by Paul W. Kahn 198 PART III. EVALUATING EXCEPTIONALISM 223 Chapter 8. American Exceptionalism: The New Version by Stanley Hoffmann 225 Chapter 9. Integrity-Anxiety? by Frank I. Michelman 241 Chapter 10. A Brave New Judicial World by Anne-Marie Slaughter 277 Chapter 11. American Exceptionalism, Exemptionalism, and Global Governance by John Gerard Ruggie 304 Contributors 339 Index 341
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