Cover

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Title Page, Copyright

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pp. i-iv

Contents

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pp. v-vi

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Chapter 1. Introduction: American Exceptionalismand Human Rights

MICHAEL IGNATIEFF

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pp. 1-26

Since 1945 America has displayed exceptional leadership in promoting international human rights. At the same time, however, it has also resisted complying with human rights standards at home or aligning its foreign policy with these standards abroad. Under some administrations, it has...

PART I. THE VARIETIES OF EXCEPTIONALISM

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Chapter 2. The Exceptional First Amendment

FREDERICK SCHAUER

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pp. 29-56

ALTHOUGH IT WAS not always so, today virtually all liberal democracies protect, in formal legal documents as well as in actual practice, both freedom of speech and freedom of the press. The language used to enshrine the protection varies, with “freedom of expression” the most common...

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Chapter 3. Capital Punishment and American Exceptionalism

CAROL S. STEIKER

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pp. 57-89

IN 1931, THE YEAR before his appointment to the U.S. Supreme Court, Benjamin Cardozo predicted that “perhaps the whole business of the retention of the death penalty will seem to the next generation, as it seems to many even now, an anachronism too discordant to be suffered, mocking...

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Chapter 4. Why Does the American Constitution Lack Social and Economic Guarantees?

CASS R. SUNSTEIN

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pp. 90-110

The Universal Declaration of Human Rights protects a wide range of social and economic rights. It proclaims, for example, that “[e]veryone has a right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” It also provides...

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Chapter 5. America’s Jekyll-and-Hyde Exceptionalism

HAROLD HONGJU KOH

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pp. 111-143

SINCE SEPTEMBER 11, “American exceptionalism” has emerged as a dominant leitmotif in the daily headlines. But the very phrase raises three questions: First, precisely what we do mean by American exceptionalism? Second, how do we distinguish among the negative and overlooked positive...

PART II. EXPLAINING EXCEPTIONALISM

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Chapter 6. The Paradox of U.S. Human Rights Policy

ANDREW MORAVCSIK

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pp. 147-197

AMERICAN “EXCEPTIONALISM” in international human rights policy—the U.S. aversion to formal acceptance and enforcement of international human rights norms—poses a paradox.1 The paradox lies in the curious tension between the consistent rejection of the application of international...

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Chapter 7. American Exceptionalism, Popular Sovereignty, and the Rule of Law

PAUL W. KAHN

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pp. 198-222

TO UNDERSTAND the power and character of American exceptionalism, we have to look in a direction that political scientists and internationallaw scholars often fail to notice.We have to examine the intimate relationship among American political identity, the rule of law, and popular sovereignty...

PART III. EVALUATING EXCEPTIONALISM

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Chapter 8. American Exceptionalism: The New Version

STANLEY HOFFMANN

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pp. 225-240

Each nation tends to see itself as unique. Two, France and the United States, consider themselves as exceptional because—or so they claim—of the universality of their values. One only, the United States, has tried to develop foreign policies that reflect such exceptionalism. Whereas France...

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Chapter 9. Integrity-Anxiety?

FRANK I. MICHELMAN

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pp. 241-276

Twenty years ago, talk of American exceptionalism in the field of human rights would doubtless have been tinged, at least, with congratulation; these days, maybe not. Spoken today, the term probably insinuates a degree, at least, of insularity and smugness.1...

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Chapter 10. A Brave New Judicial World

ANNE-MARIE SLAUGHTER

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pp. 277-303

AMERICAN EXCEPTIONALISM in the judicial context is not exceptional so much as temporal. One of the three elements of Michael Ignatieff’s definition of American exceptionalism is judicial isolation. “American judges,” he writes, “are exceptionally resistant to using foreign human rights precedents...

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Chapter 11. American Exceptionalism, Exemptionalism, and Global Governance

JOHN GERARD RUGGIE

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pp. 304-338

MORE THAN ANY other country, the United States was responsible for creating the post–World War II system of global governance. But from the start, that historic mission exhibited the conflicting effects of two very different forms of American exceptionalism. For Franklin Roosevelt, the...

Contributors

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pp. 339-340

Index

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pp. 341-353