Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-13T06:23:25.776Z Has data issue: false hasContentIssue false

Chapter 4 - Saving Empire: The Attempt to Create (Non)-Universal Human Rights

Published online by Cambridge University Press:  05 November 2014

Christopher N. J. Roberts
Affiliation:
University of Minnesota Law School
Get access

Summary

Introduction

Today, the view espoused in countless international treaties, charters, and declarations that human rights are a universal good, fundamental to human existence, enjoys widespread support in what has been called a new global “secular religion.” Though as in any other religion, there are competing interpretations that challenge the universality of the concept and the provenance of the doctrine. There is, for example, the argument that human rights are not universal, but are Western concepts that arise from Western liberalism. This position views human rights as one of many projections of Western power and authority, a modernized form of imperialism under ideological cover. But like a religion, the a priori assumptions that animate such positions can be argued indefinitely, but proved neither right nor wrong. Regardless of the substance of such arguments the question remains: Is human rights a universal concept or is it a Western creation?

Interestingly, a very similar conflict over the universality of human rights occurred during the concept’s postwar moments of origin. But contrary to the contemporary debates, it was the smaller and non-Western states that held human rights to be universal and Great Britain that viewed them as a limited concept.

As a set of rules for delineating appropriate social, political, and economic relationships between states and among their populations, after World War II , human rights held promise for the hundreds of millions of people who then lived in colonial dependencies.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2014

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.)

References

Scheppele, Kim Lane (2003), “Aspirational and Aversive Constitutionalism: The Case for Studying Cross National Influence Through Negative Models,” International Journal of Constitutional Law 1(2):296–324Google Scholar
Humphrey, John P. (1996), “The Memoirs of John P. Humphrey, the First Director of the United Nations Division of Human Rights,” Human Rights Quarterly 5(4):397Google Scholar
Fawcett, J. E. S. (1949), “Treaty Relations of British Overseas Territories,” British Year Book of International Law 26:86–107Google Scholar
Simpson, A. W. Brian, Human Rights and the End of Empire: Britain and the Genesis of the European Convention (Oxford: Oxford University Press, 2001), 289
Liang, Yuen-Li (1951), “Notes on Legal Questions Concerning the United Nations,” The American Journal of International Law 45(1):108–21Google Scholar
Cassese, Antonio, “The Self-determination of Peoples,” in The International Bill of Rights, ed. Henkin, Louis (New York: Columbia University Press, 1981)
El-Ayouty, Yassin, The United Nations and Decolonization: The Role of Afro-Asia (The Hague: Martinus Nijhoff, 1971)
Bossuyt, Marc J., Guide to the “Travaux Preparatoires” of the International Covenant on Civil and Political Rights (Dordrecht: Martinus Nijhoff, 1987)
Jacobson, Harold K. (1962), “The United Nations and Colonialism: A Tentative Appraisal,” International Organization 16(1):39–41Google Scholar
Evans, Tony, US Hegemony and the Project of Universal Human Rights (London: Macmillan, 1996), 138–43
Gandhi, Mahatma, “Letter to Lord Ampthill – August 4, 1909,” in The Collected Works of Mahatma Gandhi, Vol. 9 (New Delhi: Ministry of Information and Broadcasting, Government of India, 2000), 458–59
Wells, H. G., The Rights of Man: Or, What Are We Fighting For? (London: Penguin Books, 1940)
Borgwardt, Elizabeth, A New Deal for the World (Cambridge: Harvard University Press, 2005)
Holmes, Oliver Wendell, The Common Law (Boston: Little Brown and Company, 1881), 1
Hohfeld, Wesley Newcomb (1913), “Some Fundamental Legal Conceptions as Applied in Judicial Reasoning,” Yale Law Journal 23(1):16–59Google Scholar
Kennedy, Duncan and Michelman, Frank (1980), “Are Property and Contract Efficient?Hofstra Law Review, 8(3):711–70Google Scholar
Corbin, Arthur L. (1924), “Rights and Duties,” Yale Law Journal 33(5), 501–27CrossRefGoogle Scholar
Singer, Joseph (1982), “The Legal Rights Debate in Analytical Jurisprudence from Bentham to Hohfeld,” Wisconsin Law Review (6):975–1060Google Scholar
Bingham, Joseph W. (1913), “The Nature of Legal Rights and Duties,” Michigan Law Review 12(1):1–26Google Scholar
Humphrey, John P., Human Rights and the United Nations: A Great Adventure (Dobbs Ferry: Transnational Publishers, 1984), 162–63

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
×