Universal Human Rights in Theory and Practice

by Donnelly, Jack

• ISBN13: 9780801487767
• ISBN10: 0801487765
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-11-01
• Publisher: Cornell Univ Pr

Summary

Praise for the first edition: "Every once in a while a book appears that treats the leading issues of a subject in such a clear and challenging manner that it becomes central to understanding that subject. Universal Human Rights in Theory and Practice is just such a book. . . . Donnelly's interpretations are clear and argued with zest."-American Political Science Review "This wide-ranging book looks at all aspects of human rights, drawing upon political theory, sociology, and international relations as well as international law. . . . [Jack Donnelly] deals successfully with two of the principal challenges to the notion of the universality of human rights: the argument that some non-Western societies are not subject to Western norms, and the claim that economic development may require the sacrifice of some human rights."-Foreign Affairs In a thoroughly revised edition of Universal Human Rights in Theory and Practice (more than half of the material is new), Jack Donnelly elaborates a theory of human rights, addresses arguments of cultural relativism, and explores the efficacy of bilateral and multilateral international action. Entirely new chapters address prominent post-Cold War issues including humanitarian intervention, democracy and human rights, "Asian values," group rights, and discrimination against sexual minorities.

Table of Contents

Preface to the Second Edition	ix
Introduction	1	(6)
Part I. Toward a Theory of Universal Human Rights
The Concept of Human Rights	7	(15)
How Rights ``Work''	7	(3)
Special Features of Human Rights	10	(3)
Human Rights and Human Nature	13	(5)
The Question of Foundations	18	(4)
The Universal Declaration Model	22	(16)
The Universal Declaration Model	23	(1)
Individual Rights	23	(4)
Interdependence and Indivisibility	27	(6)
The State and International Human Rights	33	(5)
Equal Concern and Respect	38	(19)
Hegemony and Settled Norms	38	(2)
An Overlapping Consensus on International Human Rights	40	(1)
Moral Theory, Political Theory, and Human Rights	41	(2)
Equal Concern and Respect	43	(3)
Toward a Liberal Theory of Human Rights	46	(5)
Consensus: Overlapping but Bounded	51	(6)
Part II. Cultural Relativism and International Human Rights
Markets, States, and ``The West''	57	(14)
The Evolution of Lists of Human Rights	57	(1)
Markets, States, and Political Equality	58	(2)
Expanding the Subjects and Substance of Human Rights	60	(1)
Linking ``The West'' and Human Rights	61	(3)
States, Citizens, and the Legal Order	64	(1)
Economic and Social Rights and the Welfare State	64	(1)
Inside, Outside, and the Society of States	65	(2)
Global Markets	67	(2)
Historical Analysis and the Genetic Fallacy	69	(2)
Non-Western Conceptions of Human Rights	71	(18)
Islam and Human Rights	72	(4)
The Premodern West	76	(2)
Traditional Africa	78	(1)
Traditional Confucian China	79	(2)
Caste and Human Rights	81	(3)
The Relevance of Human Rights	84	(2)
Culture and Human Rights	86	(3)
Cultural Relativism and Universal Human Rights	89	(18)
Defining Cultural Relativism	89	(1)
Relativity and Universalism: A Necessary Tension	90	(2)
Internal Versus External Judgments	92	(1)
Concepts, Interpretations, Implementations	93	(6)
Explaining the Persistence of Culturalist Arguments	99	(1)
Culture and Politics	100	(3)
Dialogue over Real Differences	103	(4)
Human Rights and ``Asian Values''	107	(20)
Sovereignty and International Human Rights	108	(1)
The Demands of Development	109	(1)
Economic and Social Rights	110	(2)
Individuals and Society	112	(2)
Rights and Duties	114	(1)
Traditional Order and Human Rights	115	(4)
Human Rights and ``Asian Values''	119	(8)
Part III. Human Rights and International Action
International Human Rights Regimes	127	(28)
International Regimes	127	(2)
The Global Human Rights Regime	129	(6)
Political Foundations of the Global Regime	135	(3)
Regional Human Rights Regimes	138	(7)
Single-Issue Human Rights Regimes	145	(6)
The Evolution of Human Rights Regimes	151	(4)
Human Rights and Foreign Policy	155	(18)
Human Rights: A Legitimate Concern of Foreign Policy?	155	(4)
International Human Rights and National Identity	159	(3)
Trade-offs	162	(2)
Choice of Means	164	(2)
The Purposes of International Human Rights Policies	166	(2)
Selectivity and Consistency	168	(3)
Toward More Effective International Human Rights Policies	171	(2)
The Priority of National Action	173	(12)
The Limits of Multilateral Action	173	(4)
The Limits of Bilateral Action	177	(2)
The Limits of International Action	179	(6)
Part IV. Essays on Contemporary Theory and Practice
Democracy, Development, and Human Rights	185	(19)
The Contemporary Language of Legitimacy	186	(2)
Defining Democracy	188	(3)
Democracy and Human Rights	191	(3)
Defining Development	194	(2)
Development-Rights Trade-offs	196	(3)
Development and Civil and Political Rights	199	(1)
Markets and Economic and Social Rights	200	(2)
The Liberal Democratic Welfare State	202	(2)
Group Rights and Human Rights	204	(21)
Individual and Community	204	(1)
Liberal Approaches to Group Difference	205	(3)
Group Human Rights: A Skeptical View	208	(3)
Women	211	(1)
Minorities	212	(2)
Protecting Group Identity	214	(1)
Indigenous Peoples	215	(2)
Group Rights in a Human Rights Framework	217	(1)
Cultural Rights	218	(2)
A Right to Cultural Identity	220	(1)
Appendix: The Right of Peoples to Self-Determination	221	(4)
Nondiscrimination for All: The Case of Sexual Minorities	225	(17)
The Right to Nondiscrimination	225	(2)
Nondiscrimination and Political Struggle	227	(2)
Discrimination against Sexual Minorities	229	(4)
Nature, (Im)Morality, and Public Morals	233	(4)
Strategies for Inclusion	237	(5)
Genocide and Humanitarian Intervention	242	(19)
Intervention and International Law	242	(1)
Humanitarian Intervention and International Law	243	(1)
The Moral Standing of the State	244	(3)
Politics, Partisanship, and International Order	247	(2)
Changing Conceptions of Security and Sovereignty	249	(2)
Justifying the Antigenocide Norm	251	(1)
Changing Legal Practices	252	(2)
``Justifying'' Humanitarian Intervention	254	(1)
Mixed Motives and the Problem of Consistency	255	(2)
Politics and the Authority to Intervene	257	(1)
Judging the Kosovo Intervention	258	(3)
References	261	(26)
Index	287