This chapter discusses the normative and theoretical foundations of human rights. More specifically, it examines the theoretical basis for the normative ideas advanced by those who use the language of human rights for an ethical critique of international politics and policy. The chapter first traces the origins of the language of rights before discussing cultural relativism and imperialism, both of which challenge the United Nations Universal Declaration of Human Rights’ claim to have universal application. It then considers the negative/positive distinction as a way of thinking about the differences between liberty and welfare rights. It also explores group rights, along with the philosophical and political history of the idea of human rights. Finally, it explains how the human rights agenda is deeply political, showing that it privileges a certain set of normative commitments that its proponents hope will become, in time, the ethical constitution of the international system.
Anthony J. Langlois
William F. Schulz
This chapter examines the use of torture in Western history, focusing on the torture of slaves, confessions as ‘the Queen of Proofs’, and calls for the abolition of virtually all forms of torture. It also considers the principal international instruments against torture, including the Universal Declaration of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Finally, it analyses the pro and con arguments of the hypothetical case in which a suspect is thought to know the location of a ticking bomb that is about to explode and may injure large numbers of people. It argues that such a scenario is extremely rare and explains how far more common instances of torture may most successfully be diminished.
This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.