Flikschuh, Katrin 
ORCID: 0000-0002-4585-6844
(2011)
On the cogency of human rights.
Jurisprudence, 2 (1).
pp. 17-36.
ISSN 2040-3313
Abstract
This article queries the cogency of human rights reasoning in the context of global justice debates, focusing on Charles Beitz's practice-based approach. By 'cogency' is meant the adequacy of human rights theorising to its intended context of application. Negatively, the author argues that Beitz's characterisation of human rights reasoning as a 'global discursive practice' lacks cogency when considered in the context of the post-colonial state system; she focuses on African decolonisation. Positively, she suggests that Beitz's gloss on international human rights as an 'appurtenance' to the traditional state system offers a more promising starting point for global normative theorising, drawing attention to the requirement of sovereign competence as a necessary condition of possible human rights fulfilment. However, a concern with strengthening the sovereign competence of weak states should lead us to consider neglected public goods theorising in favour of an over-emphasis on individual human rights.
| Item Type: | Article |
|---|---|
| Official URL: | http://www.hartjournals.co.uk/jurisprudence/ |
| Additional Information: | © 2011 Hart Publishing |
| Divisions: | Government |
| Subjects: | J Political Science > JC Political theory |
| Date Deposited: | 12 Nov 2012 09:53 |
| Last Modified: | 12 Dec 2024 00:01 |
| URI: | http://eprints.lse.ac.uk/id/eprint/47369 |
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