Ideas and Critiques Flashcards
- Importance of critique - What can be taken from critique (39 cards)
4 Key Themes
1) Why is critique necessary?
2) The different critiques
3) Main points of critique
4) What happens after critique?
Why is the critique of human rights so significant?
It is the ‘doxa’ of our age
-> everybody has something to say about it
What did MEGRET say about human rights critiques?
‘Last 2 decades have witnessed the dramatic rise of human rights law as a force to be reckoned with, and with it the emergence of significant, sustained and complex critique’
What can it be suggested that the sheer mass and variation of critiques mean?
It is a sign or result of the very ubiquity and success of the HR movement
3 main forms critiques take?
1) Friendly = mainly positive with suggestions to ‘fix’ areas
2) Fundamental = generally negative, disagree with entire concept
3) Historical vs contemporary = different times of writing means different views favoured
What is the fundamental point virtually all critiques focus on?
Gap between what has been promised and what actually happens
Standard naritive on origin of human rights?
Idea that contemporary HR are a continuation of the path to progress and human emancipation
2 big names in the fundamental conception of HR origins
ISHAY HUNT (more widely accepted)
ISHAY on origins of HRS
- > ‘Forerunners’ to HR now go as far back as 1754 BC in HAMMURABI’S CODE
- > Points out tendency to have respect for human dignity etc is found in all main religions
HUNT on origin of HRs
- > Started in political and cultural upheavals of 18th century
- French Revolution
- American War of Independence
Origin of current system?
Post WWII -> UDHR 1948
Why is the large scale support of the standard narrative origins of HRs important?
History gives the regime;
1) Legitimacy
2) Authority
Who threw their toys out the pram and is a advocate of the REVISIONIST narrative of human rights origins?
MOYN
- Notably his book ‘The Last Utopia’
MOYN’S argument in brief?
1) Began in 1970s, any argument that it was before this means that HRs used to be awful (SLAVERY??)
2) This makes HRs a fragile, historically contingent and almost accidental phenomena
3) Are NOT a natural and logical outgrowth of an unbroken chain of historical progress (unless you whitewash it and put a dick on it)
Why are revisionist critiques so important?
Directly challenge foundation ‘myths’ and expressly politicise the entire concept
6 big boy critiques (not exhaustive)
1) Realist
2) Utilitarian
3) Marxist
4) Relativist
5) Feminist
6) Post-colonial
Realist critique famous academic?
BENTHAM
BENTHAM’S quote on rejection of HR being perfect?
‘Nonsense on stilts’
Realist critique in brief
- States won’t protect rights if not in their direct interest to do so
- USA, Russia, China etc all serial violators although party to all major agreements and commonly condem others
- ICESCR gives a recognised right to adequate standard of living including food 800m undernourished, 100m starving
Realist critique crux
Rights are a hollow rhetoric or are too often used as pawns in power politics
UTILITARIAN critique brief
- Political/moral philosophy born in 19th century = greatest good for the greatest number
- Reject idea of individual absolute rights trump all others (A3)
- Absolute nature of rights is central to modern HR theory
Concerning nature of utilitarian critique?
Willingness to sacrifice one if it means that many will benefit
-> Opens can of worms, medical experiments/deportation to unsafe countries etc.
MARXIST critique -> 2 main elements
1) Human rights under capitalism constitute narrow and ancient individualism
2) Human rights in this form can never develop meaningful freedom or emancipation
In which essay did MARX sum up his points on human rights
ON THE JEWISH QUESTION
