TY - JOUR
T1 - Should Nature Have Rights?
T2 - Orthodoxy and Innovation
AU - Clark, Cristy
N1 - Publisher Copyright:
© 2023 Cambridge University Press. All rights reserved.
PY - 2023/11/27
Y1 - 2023/11/27
N2 - Core contributions from John Hagan s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights in line with the first author s previous work how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses in line with Hagan s Justice in the Balkans on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.
AB - Core contributions from John Hagan s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights in line with the first author s previous work how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses in line with Hagan s Justice in the Balkans on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.
KW - rights of nature
KW - riverine rights
KW - Indigenous rights
KW - environmental rights
KW - environmental justice
UR - http://www.scopus.com/inward/record.url?scp=85185782769&partnerID=8YFLogxK
U2 - 10.1017/lsi.2023.62
DO - 10.1017/lsi.2023.62
M3 - Article
SN - 0897-6546
VL - 48
SP - 1471
EP - 1476
JO - Law and Social Inquiry
JF - Law and Social Inquiry
IS - 4
ER -