SOJS2120 Chapter Notes - Chapter 1: Cultural Relativism, Liberal Democracy, International Bill Of Human Rights
Document Summary
Instead of secular rights: rights declarations came out of the enlighten (i. e rights of a man) Conservatives (edmund burke: denunciates the rights of man and citizen, rejected the idea of natural rights, different political commentaries may provide different rights, men had rights because of the traditions of institutions of society. Liberalists (jeremy bentham) utalitarians: also attacked natural rights. Radicals (marxists: critisised the rights of the man as the rights of the bougeois. The foundation for rights is a philosophical question: conservatives, liberals and radicals all questioned the idea of natural rights. Issue: udhr deliver rights from the view of liberal democratic norm, not normatively universal, need to have good proclamation to defend and persuade others to support human rights. Legal positivism: creation of an international human rights regime. Fault in legal positivism: reducing human rights to legal rights. It would mean hr only exist where there is an actual law in place. Two covenants operationalise the use of the udhr.
