Building a Sociology of Law for the Humanitarian Field – PRIO Blogs

 

Legal sociology has paid significant attention to human rights, but in contrast to legal anthropology, little focus has been given to humanitarianism. In this contribution, we ask, what does a legal sociological research agenda for the humanitarian field look like?

Photo: Alexandre Perotto / goodfreephotos.com

Humanitarianism is many things to many people. As described by Miriam Ticktin, humanitarianism is ‘an ethos, a cluster of sentiments, a set of laws, a moral imperative to intervene, and a form of government’; it is ‘one way to do good or to improve aspects of the human condition by focusing on suffering and saving lives in times of crisis or emergency; for instance, humanitarians provide temporary shelter, food, and medical care during wartime or immediately after disasters’. The actors involved include affected populations, civil society, host governments, the private sector, international organizations, humanitarian practitioners, the international humanitarian sector and donors.

As academics, it is our task to re-conceptualize this humanitarianism in terms of power, legitimacy and regimes of control and surveillance – both from an internal perspective concerned with humanitarian accountability in the global emergency zone, and from an external perspective that conceptualizes humanitarianism as a form of governance and social fact in global society.

An important aspect here is that as the humanitarian sector continues to expand, the field is legalizing. Beyond international humanitarian law, humanitarian action is increasingly compelled and constrained by a plethora of soft law and legal discourses, and what was once a largely unregulated field of practice is now emerging as a transnational humanitarian space where authority, governance, legitimacy and power is progressively invoked through law.

Historically, humanitarian action has been linked to the normative framework of international humanitarian law (IHL), while emerging as a largely…

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