Ideological Refuge v. Jurisprudence of Insurgency: Cultural Relativism and Universalism in the Human Rights Discourse
Warwick Student Law Review, Issue 1, Vol. 1, 2011
19 Pages Posted: 21 Jun 2015
Date Written: May 31, 2011
Abstract
Notions of Human Rights over the last few decades have shaped global law, politics and governance to the point of revolutionising many aspects of international or global relations'. Consequently, the ideological frameworks underlying conceptions of human rights have been engaged in contestations, sometimes taking dimensions that are mutually antagonistic and tending to portray the 'other' as imperialistic or suppressive. Cultural Relativism has largely been poised against Universalism in addressing the debates on the definition and scope of application of human rights. A consideration of many criticisms of cultural relativism (as an ideological refuge) and universalism (as a jurisprudence of insurgency) on political, legal, anthropological and sociological grounds would seem to fall short of obliterating all merits of any of the two ideologies. It seems that while exposing the good and bad sides of each ideology, such considerations often highlight the possibility of a middle path that neither qualifies as universalism nor relativism as conceived and advocated in many of the ensuing contestations.
Keywords: Cultural Relativism, Universalism, Human Rights
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