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On the cogency of human rights

Flikschuh, Katrin (2011) On the cogency of human rights. Jurisprudence, 2 (1). pp. 17-36. ISSN 2040-3313

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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
Library of Congress subject classification: J Political Science > JC Political theory
Sets: Departments > Government
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 12 Nov 2012 09:53
URL: http://eprints.lse.ac.uk/47369/

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