Skip to main content Accessibility help
×
Hostname: page-component-f554764f5-rj9fg Total loading time: 0 Render date: 2025-04-22T15:13:05.662Z Has data issue: false hasContentIssue false

1 - The Elusive Theory of Human Rights

from Title 1 - Theoretical Elements of International Human Rights Law

Published online by Cambridge University Press:  10 April 2025

Ludovic Hennebel
Affiliation:
Aix-Marseille University
Hélène Tigroudja
Affiliation:
Aix-Marseille University
Get access

Summary

Explores theoretical foundations, philosophical challenges, and epistemological issues in human rights law. The concept of human rights requires a deep theoretical exploration to understand that all individuals possess fundamental rights irrespective of their nationality or social status. The establishment of international human rights law faces skepticism due to its philosophical indefinability and potential inconsistencies. Scholars often describe the legal framework but avoid deep philosophical inquiries, which creates an epistemological disconnect between philosophy and law, and between law and justice. This chapter aims to bridge these gaps by delving into the elusive theory of human rights, examining how different philosophical perspectives can influence the understanding and application of human rights law. It argues for the necessity of integrating philosophical discourse with legal analysis to achieve a coherent and just human rights framework.

Type
Chapter
Information
International Human Rights Law
A Treatise
, pp. 5 - 7
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×