Human Rights with Modesty: The Problem of Universalism

ISBN-13: 9789004138230 / Angielski / Miękka / 2004 / 384 str.

A. Sajs; Andras Sajo

Opis

This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof.
The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies.Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.

Spis treści

List of Contributors; Introduction: Human Rights with Humility, András Sajó;
Part I-Universality in Context;
Chapter 1:On the Universality of the Universal Declaration of Human Rights, Wiktor Osiatynski;
Chapter 2:The Complexity of Universalism in Human Rights, Makau Mutua;
Chapter 3: Moral Realism without the Ethnocentrism: Is It Just a List of Empty Truisms?, Richard A. Shweder;
Chapter 4: Can Human Rights Be "Contextualized"?, Guy Haarscher;
Chapter 5: Reinstating the Universal in the Discourse of Human Rights and Justice, Tatsuo Inoue;
Chapter 6: Universalism, Localism and Paternalism in Human Rights Discourse, Wojciech Sadurski;
Chapter 7: International Human Rights in a Fragmenting World, Helen Stacy;
Part II-Human Rights Politics,
Chapter 8: Social and Economic Dimensions of Universal Rights, Dimitrina Petrova;
Chapter 9: Reconciling Universality and Diversity in International Human Rights Law, Eva Brems;
Chapter 10: Global Rule of Law: Universal and Particular, Ruti Teitel;
Part III-Rule of Law: Local Experiences;
Chapter 11: False Dichotomies, True Perplexities, and the Rule of Law, Martin Krygier;
Chapter 12: The Illusory Promise of the Rule of Law, Frank K. Upham;
Part IV-Many Faces of Religion: Case Studies on Iran;
Chapter 13: The Paradox of Religion and the Universality of Human Rights, Shlomo Avineri ;
Chapter 14: Constitutionalism and Islamic Law in Nineteenth-Century Iran: Mirza Malkum Khan and Qanun, Shiva Balaghi ;
Chapter 15: Shifting Grounds for Challenging the Authority of International Human Rights Law: Religion as a Malleable and Politicized Pretext for Governmental Noncompliance with Human Rights, Ann Elizabeth Mayer; Index;
Table of Contents.