Human Rights Histories


Autoria(s): McCrudden, Christopher
Data(s)

2015

Resumo

This review article considers Samuel Moyn’s book <i>The Last Utopia:Human Rights in History</i> in the context of recent trends in the writing of human rights history. A central debate among historians of human rights, in seekingto account for the genesis and spread of human rights, is how far current humanrights practice demonstrates continuity or radical discontinuity with previousattempts to secure rights. Moyn’s discontinuity thesis and the controversysurrounding it exemplify this debate. Whether Moyn is correct is importantbeyond the confines of human rights historiography, with implications for theirmeaning in law, as well as their political legitimacy. This review argues that Moyn’s book ultimately fails to convince, for two broad reasons. First, a more balanced judgment would conclude that the history of human rights is both one of continuity and discontinuity. Second, and more importantly, Moyn fails to offer a convincing account of the normativity of human rights. Undertaking a history of human rights requires a deeper engagement with debates on the nature and validity of human rights than Moyn seems prepared to contemplate.

Formato

application/pdf

Identificador

http://pure.qub.ac.uk/portal/en/publications/human-rights-histories(6dbd4c7c-1e62-4a37-b4dc-7ca785f1c0ed).html

http://dx.doi.org/10.1093/ojls/gqu020

http://pure.qub.ac.uk/ws/files/37675930/Human_Rights_Histories.pdf

Idioma(s)

eng

Direitos

info:eu-repo/semantics/openAccess

Fonte

McCrudden , C 2015 , ' Human Rights Histories ' Oxford Journal of Legal Studies , vol 35 , no. 1 , pp. 179-212 . DOI: 10.1093/ojls/gqu020

Palavras-Chave #human rights, human dignity, constitutional rights, international human rights, legal history #/dk/atira/pure/subjectarea/asjc/3300/3308 #Law
Tipo

article