Constituting Human Rights: Global Civil Society and the by Mervyn Frost

By Mervyn Frost

International civil society and the society of democratic states are the 2 so much inclusive and strong worldwide practices of our time. during this e-book, Frost claims that, with out an realizing of the function that particular human rights play in those practices no sufficient figuring out of any significant function of up to date global politics from 'globalization' to 'new wars' is feasible. Constituting Human Rights, consequently argues situation with human rights is key to the examine of overseas relations.

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Extra resources for Constituting Human Rights: Global Civil Society and the Society of Democratic States (Routledge Advances in International Relations and Global Politics)

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26, 27 According to this view, a law is a command backed by a sanction. Law-abiding behaviour is what people do when they obey generalized commands because they fear the sanctions which will follow if they fail to obey the articulated rules. Let us examine the central tenets of legal positivism more closely as they apply to the laws within a given state. The central idea is clear: the defining feature of legal rules (laws), as opposed to other kinds of rules, is that laws must be understood as the commands of a sovereign legislature and these commands are backed by the strong arm of the state’s enforcement agencies.

Here again I am not claiming that all people agree on what rights individuals have, or that they agree on whose rights were in fact being abused in specific cases. There are clearly ongoing disputes about these matters. What I am claiming, though, is that without some understanding of practices within which individuals claim rights, what they are and how they fit into a wider practice or practices, it is not possible to identify the events which are to be explained by those who are expert in the politics of the region.

38 Individual rights in world politics An alternative approach to these difficult questions has been to claim that human rights may be revealed to us by reason. Grotius spoke of natural law (from which theories of natural rights have been derived) as the dictate of right reason. This is a defining feature of the approach used by natural lawyers. A long tradition of such reasoning is to be found within Roman Catholicism. 52 The difficulty with such an approach is immediately apparent. ’ to your ‘right reason’?

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