the idea of human rights nov 2009

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the idea of human rights nov 2009

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[...]... “Universalizing Human Rights: The Role of Small States in the Construction of the Universal Declaration of Human Rights, ” Human Rights Quarterly 23 (2001): 44-72; and on the role of the Latin American countries in particular, Mary Ann Glendon, The Forgotten Crucible: The Latin American InXuence on the Universal Human Rights Idea, ” Harvard Human Rights Journal 16 (2003): 27-39 18 the practice jurisdiction of any... that the impact of disparities of political power has been to distort both the content and the application of human rights doctrine in ways that serve the interests of powerful actors at the expense of others At the limit, human rights may appear to be a mechanism of domination rather than an instrument of emancipation This perception can argue for a more or less radical reshaping of the content of human. .. Practice of Human Rights, ” in The Theory and Politics of Socio-economic Human Rights, ed Thomas Pogge (UNESCO, forthcoming) preface xiii human rights are capable, the signiWcance of actual and potential convergence among cultural moral codes, and the relationship between human rights and the distinct ideas of social and global justice I hope that the conception of human rights presented in the book... on the basis of one or another governing conception that does not, itself, take account of the functions that the idea of a human right is meant to play, and actually does play, in the practice As we shall see, they are also at odds with the historical development of international human rights doctrine Its authors disowned the thought that human rights are the expression of any single conception of human. .. shall put the point later, a global practice of human rights oVers the hope of constraining one of the two main perils of a global political order composed of independent states (The other is the propensity to war.) I do not suggest that these are reasons to accept the contents of existing human rights doctrine as binding on us or to agree that the practice as we Wnd it is the best way to realize the hope... over the prior question but not, or anyway not directly, over the others The basic idea is to distinguish between the problem of describing human rights from the problems of determining what they may justiWably require and identifying the reasons we might have for acting on them These questions are related, of course, because any view about the nature of human rights will have implications for their... speaking, there are two distinguishable themes in the character ization given in the preamble of the declaration’s justifying aims: that international recognition of human rights is necessary to protect the equal dignity of all persons and that respect for human rights is a condition of friendly relations among states At the end of the war, the latter concern, although seldom registered in the records of the. .. reference to human rights 8 The canonical expression of this idea is the “Statement on Human Rights of the Executive Board of the American Anthropological Association, American Anthropologist, ns 49 (1947): 539-43 The statement no longer represents the position of the Association See American Anthropological Association, Committee on Human Rights, “Declaration on Anthropology and Human Rights [1999],... practice The description seeks to be selective and thematic rather than compre hensive I begin with a historical precis devoted to the origins of the modern practice of human rights I then comment about the two main elements of human rights practice—its doctrinal content and the various mechanisms that have evolved for the propagation and enforcement (or “implementa tion”) of human rights All of this... understanding of the idea All of these features reXect the practice’s emergent character and all complicate a practical analysis Notwithstanding the complications, however, there is no denying the existence or the doctrinal and institutional complexity of the practice of human rights: it organizes much of the normative discourse of contemporary world politics and commands the energy and commitment of large . in the Practice of Human Rights, ” in The Theory and Politics of Socio-economic Human Rights, ed. Thomas Pogge (UNESCO, forthcoming). xii preface human rights are capable, the signiWcance of actual. example, the indistinctness of the range of interests protected by human rights, the diYculty of seeing contemporary human rights doctrine as signiWcantly “universal,” the elasticity of the permissions to. by them. Some risk their lives for them. Its beneWciaries and potential beneWciaries regard the practice as a source of hope. The other observation is that the discourse and practice of human rights can

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  • Contents

  • Abbreviations

  • Preface

  • Chapter 1 Introduction

    • 1. Why there is a problem

    • 2. Forms of skepticism

    • 3. Approach

    • Chapter 2 The Practice

      • 4. Origins

      • 5. Doctrine

      • 6. Implementation

      • 7. An emergent practice

      • 8. Problems

      • Chapter 3 Naturalistic Theories

        • 9. Naturalism about human rights

        • 10. Persons “as such” (1): the demand side

        • 11. Persons “as such” (2): the supply side

        • Chapter 4 Agreement Theories

          • 12. “Common core” and “overlapping consensus”

          • 13. The appeal of agreement conceptions

          • 14. Progressive convergence

          • Chapter 5 A Fresh Start

            • 15. Human rights in The Law of Peoples

            • 16. The idea of a practical conception

            • 17. A two-level model

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