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Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect

It is estimated that the yearly cost of containing and responding to conflict worldwide is nearly US$10 trillion. Meanwhile, the level of global peace and security is on the steady decline and gross violations of human rights and massive loss of human life are not yet an issue of the past. As such,...

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Main Author: El-Kassaby, Dina
Format: Thesis
Published: AUC Knowledge Fountain 2014
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access_status_str Open Access
author El-Kassaby, Dina
author_browse El-Kassaby, Dina
author_facet El-Kassaby, Dina
author_sort El-Kassaby, Dina
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
description It is estimated that the yearly cost of containing and responding to conflict worldwide is nearly US$10 trillion. Meanwhile, the level of global peace and security is on the steady decline and gross violations of human rights and massive loss of human life are not yet an issue of the past. As such, contemporary international legal doctrines like The Responsibility to Protect (R2P) have emerged in an effort to prevent and react to global conflict. This thesis performs an atypical study of R2P by performing a rhetorical analysis of the doctrine through the lens of Orientalism and post-colonial theory. In doing so, this thesis reveals the ways in which the discourse of R2P functions as a mode of reproducing and exercising power over the ‘Other’ of international law, the Orient. It also shows that the rhetorical persuasiveness of the R2P narrative is itself an Orientalist discourse that recreates and reinforces colonial binaries between the Occident and the Orient, making the Orient susceptible and subject to contemporary forms of control and domination in the name of humanitarianism. By confronting the continuing implications of colonial history on contemporary international law, this thesis has recognized and deconstructed through rational analysis the lasting psychological and legal effects of the colonial enterprise into the twenty-first century.
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institution American University in Cairo (Egypt)
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
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spelling oai:fount.aucegypt.edu:etds-1963 Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect El-Kassaby, Dina It is estimated that the yearly cost of containing and responding to conflict worldwide is nearly US$10 trillion. Meanwhile, the level of global peace and security is on the steady decline and gross violations of human rights and massive loss of human life are not yet an issue of the past. As such, contemporary international legal doctrines like The Responsibility to Protect (R2P) have emerged in an effort to prevent and react to global conflict. This thesis performs an atypical study of R2P by performing a rhetorical analysis of the doctrine through the lens of Orientalism and post-colonial theory. In doing so, this thesis reveals the ways in which the discourse of R2P functions as a mode of reproducing and exercising power over the ‘Other’ of international law, the Orient. It also shows that the rhetorical persuasiveness of the R2P narrative is itself an Orientalist discourse that recreates and reinforces colonial binaries between the Occident and the Orient, making the Orient susceptible and subject to contemporary forms of control and domination in the name of humanitarianism. By confronting the continuing implications of colonial history on contemporary international law, this thesis has recognized and deconstructed through rational analysis the lasting psychological and legal effects of the colonial enterprise into the twenty-first century. 2014-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/964 https://fount.aucegypt.edu/context/etds/article/1963/viewcontent/auto_convert.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Responsibility to Protect Human Rights
spellingShingle Responsibility to Protect
Human Rights
El-Kassaby, Dina
Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title_full Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title_fullStr Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title_full_unstemmed Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title_short Law is discourse. Discourse is rhetoric. Therefore, Law is rhetoric. A rhetorical analysis of the responsibility to protect
title_sort law is discourse discourse is rhetoric therefore law is rhetoric a rhetorical analysis of the responsibility to protect
topic Responsibility to Protect
Human Rights
url https://fount.aucegypt.edu/etds/964
https://fount.aucegypt.edu/context/etds/article/1963/viewcontent/auto_convert.pdf
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