Published since January 1, 2007

Law & Ethics of Human Rights

ISSN: 1938-2545

Editor-in-chief: Gila Stopler

Editorial Board: Eyal Benvenisti, Moshe Cohen-Eliya, Stephen Macedo, Nancy Rosenblum

About this journal

Objective
Law & Ethics of Human Rights (LEHR) aspires to analyze and clarify the concepts of moral and legal rights, and to contribute to conflict resolution in human rights law. Each issue of LEHR focuses on one contemporary dilemma that raises major moral and legal questions. Each such dilemma is examined using an interdisciplinary approach to human rights law, an approach which strives to create associations between legal provisions and the philosophical thinking underlying them. Moreover, it is our hope that publishing the work of distinguished scholars from various countries will mitigate the problem of culturally insensitive application of human rights norms.

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Important contributions to the resolution of conflicts within human rights law
Integrated approach based on associations between legal provisions and the philosophical thinking underlying them
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Law & Ethics of Human Rights is published in cooperation with the College of Law & Business, Ramat Gan, Israel. For more information, please visit their website.

History

Content available since 2007 (Volume 1, Issue 1)

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Volume 17 Issue 1

May 2023

Publicly Available June 29, 2023

Frontmatter

Page range: i-iv

Download PDF

June 28, 2023

The “Right to City” in the Era of Crowdsourcing

Alexandra Flynn

Page range: 1-21

Abstract

This article explores the meaning and context of crowdsourcing at the municipal scale. In order to legitimately govern, local governments seek feedback and engagement from actors and bodies beyond the state. At the same time, crowdsourcing efforts are increasingly being adopted by entities – public and private – to digitally transform local services and processes. But how do we know what the “the right to the city” (RTTC) means when it comes to meaningful and participatory decision-making? And how do we know if participatory efforts called crowdsourcing —a practice articulated in a 2006 Wired article in the context of the tech sector—when policy ideas are sought at the municipal scale? Grounded in the ideals of Henri Lefebvre’s RTTC, the article brings together typologies of public participation to advance a conceptualization of ‘crowdsourcing’ specific to local governance. Applying this approach to a smart city initiative in Toronto, Canada, I argue that for crowdsourcing to be taken seriously as a means of inclusive and participatory decision-making that seeks to advance the RTTC, it must have connection to governance mechanisms that aim to integrate public perspectives into policy decisions. Where crowdsourcing is disconnected to decision-making processes, it is simply lip service, not meaningful participation.

June 28, 2023

Crowd Pleaser: The Remaking of Property Rights in Digital Spaces

Shelly Kreiczer-Levy

Page range: 23-43

Abstract

This article explores the remaking of classical liberal rights in digital spaces, with a focus on property rights in artificial intelligence (AI) crowds. The rise of crowds in digital and technological spaces has created new opportunities for users, but their accumulated contributions create added value for the platforms and manufacturers that manage the crowd, leading to a curtailment of individual autonomy. The article identifies two parallel processes that characterize individuals’ involvement in digital crowds: manufacturers construct the property rights of individual users as crowd-based rights, while also working to de-crowd users in other contexts. The article compares crowd-based rights to potential group rights and individual rights in non-digital spheres, exposing the weakness of manufacturer-constituted crowd-based rights. The article concludes by discussing possible legal conceptions of the crowd and its governance.

June 28, 2023

Crowdsourcing Compliance: The Use of WikiRate to Promote Corporate Supply Chain Transparency

Galit A. Sarfaty

Page range: 45-65

Abstract

This article analyzes the use of crowdsourcing to promote corporate sustainability by assessing compliance with supply chain disclosure laws. It draws on a case study of WikiRate.org as a novel example of crowdsourcing compliance with respect to the UK Modern Slavery Act and U.S. conflict minerals legislation (section 1502 of the Dodd-Frank Financial Reform Act). WikiRate is an open research platform whose mission is to crowdsource better companies by motivating corporations to be transparent about their environmental, social, and governance performance. In particular, WikiRate’s projects on modern slavery and conflict minerals harness the power of citizens to evaluate the quality of corporate disclosures produced in accordance with these laws. Following an analysis of its projects on modern slavery and conflict minerals, I evaluate the challenges of using crowdsourcing to assess legal compliance, including the potential manipulation of data and the difficulty of relying on non-expert citizens to assess complex information in corporate disclosures. I argue that one must identify the appropriate “crowd” that would be most capable of assessing compliance with a given law. While crowdsourcing platforms such as WikiRate invite a broad range of stakeholders to assess compliance, the reality is that only a limited set of individuals may be able to meaningfully participate given the complexity of supply chain disclosures. Thus, “expertsourcing” may be a more appropriate tool for assessing compliance with certain laws as it limits participation to citizens with specialized expertise.

June 28, 2023

Crowdwashing Surveillance; Crowdsourcing Domination

Tamar Megiddo

Page range: 67-94

Abstract

Governments regularly rely on citizens’ cooperation in exercising their authority, including the enforcement of rules. This is not only common, but also a necessary practice in a legal system. Technology makes such reliance easier, facilitating increased enforcement of law at little cost. Emergency provides an added legitimizing logic, encouraging citizens’ cooperation and leading them to uncritically follow the government’s lead to reduce the risk to the nation and to themselves. This article considers governments’ crowdsourcing citizens to monitor and surveil other citizens. One central concern this practice raises is that it allows governments to circumvent the limits of their legitimate authority and to augment their power while also obscuring the actor responsible for the surveillance and enforcement action. Consequently, accountability and public oversight over the government are diminished. Where does conventional enlisting of cooperation from law-abiding citizens end, and crowdsourcing totalitarian mass mobilization of citizens against fellow citizens begin? The article’s principal claim is that a bright line should be drawn where governments’ crowdsourcing of information from citizens serves as a means to circumvent democratic checks on their power to collect information, while also disguising the actor responsible for the surveillance. Such practice severely erodes social trust between citizens, jeopardizing their ability to organize and collaborate as engaged citizens and thus serve as a check on government. It further grants excessive power to some citizens over others, endangering the latter’s freedom, especially where the information gathered is used to symbolically or actually exclude certain individuals from the political community.

Open Access June 28, 2023

The Crowdsourcing of Regulatory Monitoring and Enforcement

Sharon Yadin

Page range: 95-125

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Abstract

Crowdsourced regulation has been discussed to date by legal and social science scholars mainly in the context of legislation and rulemaking, without paying sufficient attention to non-legislative regulatory functions. This article provides a richer theory of crowdsourced regulation which extends to all regulatory functions, focusing on monitoring and enforcement. Regulatory agencies worldwide harness the power of the public using digital platforms to carry out monitoring and enforcement tasks in regulated markets and sectors. For example, agencies operate online complaint databases that invite the public to report mistreatment of consumers and environmental nuisances by regulated firms. Agencies also publish information concerning corporate misbehavior to publicly shame companies into compliance. Crowdsourcing regulatory monitoring and enforcement can help minimize some prominent ailments of the regulatory task, such as poor resources, diminishing deterrence, declining legitimacy, and capture. It can also promote goals and values such as public participation, increased transparency, public trust in regulators, administrative efficiency, and effectiveness in achieving regulatory objectives. However, crowdsourcing regulatory monitoring and enforcement is subject to a new set of legal, administrative, and democratic failures that need to be acknowledged and addressed. The article develops a theory of crowdsourced regulation that supplies justifications and rationales for crowdsourced regulatory monitoring and enforcement, points out its main pitfalls, and normatively evaluates law and policy implications.

Volume 17 (2023)

Issue 1 Crowdsourcing and the Decline of the Individual; Co-edited by Shelly Kreiczer-Levy, Tamar Megiddo, and Gila Stopler

Volume 16 (2022)

Volume 15 (2021)

Volume 14 (2020)

Volume 13 (2019)

Volume 12 (2018)

Volume 11 (2017)

Volume 10 (2016)

Volume 9 (2015)

Volume 8 (2014)

Volume 7 (2013)

Volume 6 (2012)

Volume 5 (2011)

Volume 4 (2010)

Volume 3 (2009)

Volume 2 (2008)

Issue 1 Demography and Human Rights

Volume 1 (2007)

Issue 1 Multiculturalism & the Anti-discrimination Principle

CiteScore	1.4	2022, Scopus (Elsevier B.V., 2023)
SCImago Journal Rank	0.163	2022, SJR (Scimago Lab, 2023; Data Source: Scopus)
Source Normalized Impact per Paper	0.572	2022, CWTS Journal Indicators (CWTS B.V., 2023; Data Source: Scopus)

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Please note

Unsolicited submissions are not accepted by this journal. Volumes are based on papers presented from a yearly conference
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Hybrid Open Access

In this journal, authors have the option to publish their article under an open access license. Open Access allows you as an author to retain copyright and share your findings with colleagues and interested parties worldwide without any restraints.
Please note that authors from institutions with which we have a transformative agreement can publish open access without paying an article processing charge (APC). More information on the eligible institutions and articles can be found under the "Funding and Support" tab here.

Editorial

Editor-in-Chief
Gila Stopler, College of Law & Business, Israel

Editors
Eyal Benvenisti, Tel Aviv University, Israel
Moshe Cohen-Eliya, College of Law & Business, Israel
Stephen Macedo, Princeton University, USA
Nancy Rosenblum, Harvard University, USA

Production Editor
Michele Manspeizer

Advisory Board
Seyla Benhabib, Yale University, USA
Chaim Gans, Tel-Aviv University, Israel
Alon Harel, Hebrew University, Israel
Thomas Pogge, Columbia University, USA
Judith Resnik, Yale University, USA
Ayelet Shachar, University of Toronto, Canada
Henry Steiner, Harvard University, USA

Volume 11, Issue 2 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Iddo Porat, College of Law & Business, Israel

Volume 11, Issue 1 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Iddo Porat, College of Law & Business, Israel

Volume 10, Issue 2 Guest Editors
Avigail Eisenberg, University of Victoria, Australia
Patti Lenard, University of Ottawa, Canada

Volume 8 Guest Editors
Shelly Kreiczer-Levy, College of Law & Business, Israel
Pamela Laufer-Ukeles, University of Dayton, School of Law, USA

Volume 7 Guest Editors
Dr. Tally Kritzman-Amir, College of Law & Business, Israel
Dr. Ronit Donyets-Kedar, College of Law & Business, Israel

Volume 4 Guest Editor
Iddo Porat, College of Law & Business, Israel

Volume 3 Guest Editors
Yossi Dahan, College of Law & Business, Israel
Faina Milman-Sivan, University of Haifa, Israel

Volume 2 Guest Editor
Gila Stopler, College of Law & Business, Israel

Student Editors
Zoabi Abed-Elrahman
Shachar Cohen
Anat Halpern
Danielle Haziza
Noam Joseph Pariente
Daniela Repolo
Tal Rofe
Theo Avraham George Sasporta
Sivan Shomroni
Inbar Solomon
Rotem Suliman
Kayla Swedlow
Sofia Zaklis Gotlive

(Deutsch)

Online ISSN: 1938-2545
Print ISSN: 2194-6531
Type: Journal
Language: English
Publisher: De Gruyter
First published: January 1, 2007
Publication Frequency: 2 Issues per Year
Audience: Law scholars, ethicists, policy researchers, as well as government practitioners