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- Alyssa R. Bernstein (2009). Universal Human Rights in a World of Difference - by Brooke A. Ackerly. Ethics and International Affairs 23 (4):428-430.
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The reality, however, is very different. Power is increasingly concentrated in unaccountable institutions, and the rich and powerful are no more willing to submit themselves to market disciplines or popular pressures than they ever have been in the past. Let's begin with human rights, because they are the easiest place to start: they are actually codified in the Universal Declaration of Human Rights, passed unanimously by the United Nations General Assembly in December 1948. In the United States, there has been a good deal of very impressive rhetoric about how we stand for the Universal Declaration, and how we defend the principle of universality against backward, third-world peoples who plead cultural relativism.
Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists of human rights make a mistake when they define human rights in statist terms. The scope of a theory of human rights must include all human beings, even if not simply in virtue of their humanity. The aspiration for human rights to be political and not metaphysical is interesting and admirable, but the human scope of human rights must be retained in order for human rights to retain their critical force.
Recent history has seen an increasing trend toward ?crossing over? between contexts and cultures. As individuals and groups learn more about each other, opportunities arise to create stronger resources for respecting and protecting human rights. One such possible ?crossing over? is between the field of moral education and the ideals and techniques of human rights work. While moral education and human rights work share many ideas and methods, areas of difference provide points to strengthen moral education. The foundation of human rights work is the international documents and laws of human rights that aim to protect rights that are considered universal across contexts. Human rights work, however, also attempts to recognise personal histories and how the application of rights may differ across contexts. Human rights activities in Latin America provide examples of how human rights work can create contexts that respect the universals of human rights. A discussion of violations against women and children in the United States provides two contexts for considering how the lessons of human rights work in Latin America can be applied in the US. Suggestions as to how to include lessons from human rights work in moral education programmes are provided.
The subject of the book - the universal value of human rights and democracy - is highly topical in view of the "democratic imperialism" of the current US ...
In this paper, I discuss some challenges to the discourse of universal human rights made by those who insist that the existence of pluralism and cultural diversity count against it. I focus on arguments made in a recent article by Vinay Lal but also address several other criticisms of universal human rights-arguments hinted at, but not elaborated, by Lal. I maintain that these challenges frequently fail to distinguish the discourse of human rights from its adoption by certain states to advance foreign policy objectives, and suggest that, even when these criticisms appear plausible, closer inspection reveals that they are either inconsistent or simply do not succeed. I conclude that the notion of universal human rights still has an important place in a culturally diverse and pluralist world.
This article vindicates human rights, not as natural rights holding wherever human beings are, but as reducible to one historically constructed right to freedom of thought and its universal modes. Universal morality is elicited from international human rights law. To be moral is first to help engender everywhere either mere inner recognition of the validity of rights or mere outer compliance with their requirements; and to engender finally inner recognition expressed in a duty of outer observance. Human rights ethics replaces the rights consciousness common in the West with a duty consciousness. This universal rational morality supersedes utilitarianism, Kantianism, and other rational theories. Yet moralities making no rational claim on all (e.g., Christian, Buddhist) may flourish within human rights ethics as the universal ethical minimum.
Currently, the universal human rights model relies on the notion of individual human rights. According to Michael Ignatieff, this is based on the fact that universal human rights are necessarily individual rights. However, there are cultures in which persons define themselves as relational beings (firmly believing that the foundation of their value as persons rests in their being an integral part of a larger whole rather than their being identified as an individual self). Thus, the problem arises as to whether universal human rights can apply to such persons. In this paper, I will argue that Ignatieff is mistaken; there can be (both theoretically and practically) collective human rights. Moreover, respect for human agency requires us to incorporate collective human rights into the universal human rights model so as to make these rights applicable to all human beings—individuals and relational beings.
: Simone de Beauvoir offers an important contribution to discourse on universal human rights. Her descriptive ontology of persons as free, interdependent, and sit-uated in a world that offers resistance brings the discussion of human rights to a new level that also converges with some African perspectives. I claim that Beauvoir is able to defend universal human rights and, moreover, justify moral action against human rights abuses by showing the existential priority of ontological freedom.
In Political Theory and Feminist Social Criticism, Brooke Ackerly demonstrates the shortcomings of contemporary deliberative democratic theory, relativism and essentialism for guiding the practice of social criticism in the real, imperfect world. Drawing theoretical implications from the activism of Third World feminists who help bring to public audiences the voices of women silenced by coercion, Brooke Ackerly provides a practicable model of social criticism. She argues that feminist critics have managed to achieve in practice what other theorists do only incompletely in theory. Complemented by Third World feminist social criticism, deliberative democratic theory becomes critical theory - actionable, coherent, and self-reflective. While a complement to democratic theory, Third World feminist social criticism also addresses the problem in feminist theory associated with attempts to deal with identity politics. Third World feminist social criticism thus takes feminist theory beyond the critical impasse of the tension between anti-relativist and anti-essentialist feminist theory.
Discussion of Alyssa R. Bernstein, Universal human rights in a world of difference - by Brooke A. Ackerly
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