scholarly journals Reconciling Universality and Particularity through a Cosmopolitan Outlook on Human Rights

2012 ◽  
Vol 4 (2) ◽  
pp. 22-37 ◽  
Author(s):  
Rebecca Adami
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Value Systems ◽  
Historical Study ◽  
Master Narrative ◽  
Cultural Narratives ◽  
Working Process ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Islamic Values

Human rights are today criticized as not compatible with different cultural values and the debate has circulated around Asian values and Islamic values as in dichotomy with human rights as universal ethics (Ignatieff, 2003). The theoretical dichotomy between universality and particularity is questioned pragmatically in this paper through a historical study. The working process of drafting the Universal Declaration of Human Rights (UDHR) in 1946-48, which included thousands of people, is explored as a cosmopolitan space in which individuals from different cultural contexts met to negotiate human rights through cultural narratives. The process where particular values were negotiated with universal notion on human rights resulted in a common proclamation (UDHR) without a common philosophical or ideological ground. This paper puts forth a thesis that human rights discourse can work as a cosmopolitan space, in which particular value systems meet in processes characterized by conflict and cohesion. Hence human rights can be understood as a master narrative compatible with different conflicting cultural narratives (Gibson & Somers, 1994).

Libertŕ e diritti tra India ed Europa. Un approccio genealogico ai valori culturali

2009 ◽  
pp. 541-563
Author(s):  
Clelia Bartoli
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Cultural Relativism ◽  
Sanskrit Text ◽  
Philosophical Literature ◽  
Bhagavad Gita ◽  
Interesting Idea ◽  
Rights Discourse ◽  
Bhagavad Gītā ◽  
Human Rights Discourse

- This paper will deal with the issue of human rights and multiculturalism away from cultural relativism and universalism while taking inspiration from Nietzsche's Moral Genealogy. In particular, the concepts of karma, dharma and trivarga (an indian traditional form of particularism in the law) will be explained as they are expressed in the Bhagavad Gita, one of the most important texts of Indian philosophical literature. From this analysis it will emerge the impossibility of deducing the idea of human rights from the Sanskrit text. Not because the Bhagavad Gita adopts a communitarian conception of the self but because it entails a very complex and interesting idea of freedom which is little compatible with contemporary human rights discourse. Then, it will be quoted a criticism against the Bhagavad Gita based on the historical genealogy of cultural values, as it was formulated by B.R. Ambedkar - Chairman of the Drafting Committee of Indian Constitution. Finally, this writing will highlight some of the misunderstandings revolving around human rights and multiculturalism. This will be done while suggesting a genealogical approach where different intellectual and law traditions challenge and implement each other, rather than being locked in a sterile mutual respect.

scholarly journals Tolerance – a Culturally Dependent Concept?

2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Trond Jørgensen
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Cultural Context ◽  
Universal Declaration ◽  
Japanese Culture ◽  
Human Beings ◽  
Social Rules ◽  
Moral Environment ◽  
Rights Discourse ◽  
Human Rights Discourse

This article presents research on Japanese interpretations of the first article of the Universal Declaration of Human Rights as a point of departure for discussing how the Japanese cultural contexts present an alternative understanding of tolerance to the Western liberal. According to Rainer Forst, tolerance is a normatively dependent concept (Forst 2010). This implies that the specific cultural values or the ‘normative context’ and environment become relevant. Since the praxis of tolerance always takes place in a specific cultural and moral environment, the cultural context influences how tolerance is carried out in practice as well as the norms defining its limits. Japanese informants held that cultural norms and values in Japan differ somewhat from those in the West. They perceived the human rights discourse as culturally dependent and culturally marked and clearly considered the first article of the Universal Declaration of Human Rights to be a product of Western thought. It states that ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood’ (United Nations 1948). While the role of tolerance in Western political philosophy seems to be attached to liberal values of autonomy and freedom, the Confucian-influenced environment in Japan places more emphasis on inter-dependency, cultivation, and learning social rules and proper-place-occupation as bases for moral conduct and deserving of respect. According to the Japanese informants, people are not ‘born with rights’ or ‘born free and equal’. Maintaining harmony, consensus, and proper behaviour according to relationships and hierarchy creates a different kind of setting for tolerance. The inter-dependent perspectives of Japanese culture may restrain freedom and can thus be expected to limit toleration of divergent views or behaviour. The culture-specific perception of human nature with an ‘inter-dependent construal of self’, counts as a context for tolerance. Also, it could be argued that Japanese religion is less doctrinal and absolute, and particularistic morality prevails. In the Japanese setting, the coexistence of competing truth systems seems to be more easily tolerated. This may broaden the room for tolerance. The cultural values defining ‘the good’ vary, implying that culture counts when the limits for tolerance are drawn. What is valued is culturally dependent, thus directing what is tolerated.        

How Charles Taylor Philosophizes with History: A Review of Dilemmas and Connections

2013 ◽  
Vol 7 (2) ◽  
pp. 231-243 ◽  
Author(s):  
Jason Blakely
Keyword(s):  
Human Rights ◽  
Charles Taylor ◽  
Historical Narrative ◽  
Master Narrative ◽  
Late Work ◽  
History Of ◽  
Secular Age ◽  
Rights Discourse ◽  
Human Rights Discourse

Abstract Charles Taylor’s latest collection of essays, Dilemmas and Connections, is the most recent installment in his development of a grand history of the rise of a modern, secular age. In this review, I show how the historical narrative that defines Taylor’s late work is in continuity with his earlier hermeneutic commitments, while also allowing him to advance new inquiries into areas as diverse as secularism, religion, nationalism, and human rights discourse. I do this by not only providing a succinct summary of Taylor’s master narrative, but also by arguing that it resolves a number of philosophical dilemmas.

scholarly journals Islam and Human Rights in Indonesia: An Account of Muslim Intellectuals’ Views

2007 ◽  
Vol 45 (2) ◽  
pp. 241-287
Author(s):  
Ahmad Nur Fuad ◽  
A. Arbaiyah ◽  
Syafiq Mughni ◽  
Achmad Jainuri
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Criminal Law ◽  
Complete Agreement ◽  
Universal Human Rights ◽  
Western Values ◽  
Muslim Intellectuals ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Islamic Values

The issue of Islam and human rights has become important issue in Indonesia at least since the last two decades. Indonesian Muslims have developed two different approaches to human rights: in complete agreement with the declaration of universal human rights; and in resistance to that declaration and developing understanding that Islam encompasses human rights values. The article argues for its part that human rights are not absolutely universal, because they are based chiefly on Western values, structures, ethics and morality. For that, it is reasonable to question their universality. The present article focuses on how Indonesian Muslim intellectuals conceive of human rights and Islamic values as they perceive the two. Specifically, it focuses on four principal issues in human rights discourse: freedom of opinion, religious freedoms, rights of women, and criminal law. The authors reveal in the conclusion that although some Indonesian Muslim intellectuals admit that universal human rights are truly universal, they still see differences in certain cases, due to differences in socio-cultural background. They have tried to affect a synthesis between the universality and particularity of both Islamic and universal human rights in order to make both fit within the Indonesian context.

scholarly journals Religion and International Relations Theory: The Case of “New” Historiography of Human Rights

Religions ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 39
Author(s):  
Andrew Lloyd Williams
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Relations Theory ◽  
Value Systems ◽  
New School ◽  
Religious Traditions ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Role Of Religion ◽  
Different Cultures

International relations theory (IRT) often ignores or has difficulty accounting for religion. Thus, the choice of “new” historians of human rights to focus on religious actors in the lead-up to the Universal Declaration of Human Rights (UDHR) is a noteworthy development. One important finding of this stream of scholarship is the crucial role played by Christian personalists in the cultivation of “human rights” discourse in the 1930s and 1940s. However, new school historiography carries assumptions consistent with IRT liberalism that weaken its analysis of religion in the origins of human rights. Most problematic is its dichotomous framework that pits liberal secularism against reactionary religion, which tends to minimize interpretive possibilities. By contrast, IRT constructivism is attuned to the emergence and socialization of norms as different cultures, religious traditions, and value systems interact. Various actors and social networks create, inter-subjectively, pragmatic consensus from positions of fundamental ideological difference. As such, this paper, following a constructivist impulse, uses the case of new school historiography of human rights to better understand the weakness and the promise of IRT in explaining the role of religion in international relations.

Housing as a Basic Human Right: A Reflection on South Africa

2019 ◽  
Vol 31 (1) ◽  
Author(s):  
Mziwandile Sobantu ◽  
Nqobile Zulu ◽  
Ntandoyenkosi Maphosa
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Development ◽  
Urban Poor ◽  
Active Role ◽  
Human Right ◽  
Economic Rights ◽  
Development Agenda ◽  
Rights Discourse ◽  
Human Rights Discourse

This paper reflects on human rights in the post-apartheid South Africa housing context from a social development lens. The Constitution guarantees access to adequate housing as a basic human right, a prerequisite for the optimum development of individuals, families and communities. Without the other related socio-economic rights, the provision of access to housing is limited in its service delivery. We argue that housing rights are inseparable from the broader human rights discourse and social development endeavours underway in the country. While government has made much progress through the Reconstruction and Development Programme, the reality of informal settlements and backyard shacks continues to undermine the human rights prospects of the urban poor. Forced evictions undermine some poor citizens’ human rights leading courts to play an active role in enforcing housing and human rights through establishing a jurisprudence that invariably advances a social development agenda. The authors argue that the post-1994 government needs to galvanise the citizenship of the urban poor through development-oriented housing delivery.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

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