This book explores how can a belief in and scepticism towards human rights be reconciled.
The dilemma of a liberal human rights lawyer is this: one both believes in and doubts human rights. No wonder, for human rights are ambivalent. As positive legal enactments, they are the result of political bargaining that speak the concrete and verifiable language of rules; yet they also hold an intangible promise of universal good that reaches beyond the text of enacted rules, evoking their cosmopolitan purpose. This dual nature makes human rights strong and accounts for their extraordinary appeal. But it also makes the practice of human rights a fundamentally liberal exercise in irresolution.
This book offers a critical, albeit sympathetic, exploration of the conditions for practising and enforcing human rights in a world steeped in ambivalence. Through an historical narrative it first unravels the liberal tension that inheres in rights, and then moves on to examine the case law of the European Court of Human Rights to illustrate how the tension compels a choice in the exercise of rights. In the final part, the tension and the choice in rights is analysed within the realm of humanitarian violence. This is the realm of the tension – and the choice – between the hope and the fear of the liberal world.
By:
Jarna Petman (University of Helsinki Finland) Imprint: Hart Publishing Country of Publication: United Kingdom Dimensions:
Height: 234mm,
Width: 156mm,
Spine: 15mm
Weight: 368g ISBN:9781849465335 ISBN 10: 1849465339 Series:Hart Monographs in Transnational and International Law Pages: 352 Publication Date:07 November 2024 Audience:
Professional and scholarly
,
Undergraduate
Format:Hardback Publisher's Status: Active
Jarna Petman is Senior Lecturer in International Law and Deputy Director of the Erik Castrén Institute of International Law and Human Rights at the University of Helsinki, Finland.