On the Indivisibility and Interdependence of Human Rights

The Paideia Archive: Twentieth World Congress of Philosophy 7:54-61 (1998)
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Abstract

This paper defends the claim that the contemporary canon of human rights forms an indivisible and interdependent system of norms against both "Western" and "Asian" critics who have asserted exceptionalist or selectivist counterclaims. After providing a formal definition of human rights, I argue that the set of particular human rights that comprises the contemporary canon represents an ethical-legal paradigm which functions as an implicit theory of human oppression. On this view, human rights originate as normative responses to particular historical experiences of oppression. Since historically known experiences of oppression have resulted from practices that function as parts of systems of domination, normative responses to these practices have sought to disarm and dismantle such systems by depriving potential oppressors of the techniques which enable them to maintain their domination. Therefore, human rights norms form a systematic and interdependent whole because only as parts of a system can they function as effective means for combatting oppression and domination.

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