Universal Human Rights ‘Versus’ Cultural Relativism:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Universal Human Rights ‘Versus’ Cultural Relativism: "
Nana Kwame Agyeman, Alfred Momodu, Nana Kwame Agyeman, et al.

Document Type	:	AL
Record Number	:	1064434
Doc. No	:	LA108063
Call No	:	‭10.1163/17087384-12340042‬
Language of Document	:	English
Main Entry	:	Alfred Momodu
	:	Nana Kwame Agyeman
Title & Author	:	Universal Human Rights ‘Versus’ Cultural Relativism: [Article] : the Mediating Role of Constitutional Rights\ Nana Kwame Agyeman, Alfred Momodu, Nana Kwame Agyeman, et al.
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	African Journal of Legal Studies
Date	:	2019
Volume/ Issue Number	:	12/1
Page No	:	23–46
Abstract	:	The claim that human rights are rights that all humans hold everywhere and at all times embodies the concept of universalism. There are however some that do not believe that human rights are universally held. Those who hold such views are widely described as cultural relativists. A rich body of literature exists with a particular focus on the divergence that exists between universalism and cultural relativism. We posit that these areas of antagonism might be overstated. In the light of this, this work investigates the mediating role that constitutional rights may play between these two seemingly opposing schools of thought. Ultimately this paper avers that the constitutional making process that international human rights principles go through in order to emerge as constitutional rights allows for constitutional rights to simultaneously lay claim to both universalist and relativist ideals. Thus, allowing constitutional rights to represent a grossly overlooked middle ground. The claim that human rights are rights that all humans hold everywhere and at all times embodies the concept of universalism. There are however some that do not believe that human rights are universally held. Those who hold such views are widely described as cultural relativists. A rich body of literature exists with a particular focus on the divergence that exists between universalism and cultural relativism. We posit that these areas of antagonism might be overstated. In the light of this, this work investigates the mediating role that constitutional rights may play between these two seemingly opposing schools of thought. Ultimately this paper avers that the constitutional making process that international human rights principles go through in order to emerge as constitutional rights allows for constitutional rights to simultaneously lay claim to both universalist and relativist ideals. Thus, allowing constitutional rights to represent a grossly overlooked middle ground.
Descriptor	:	constitutional rights
Descriptor	:	constitutionalism
Descriptor	:	cultural relativism
Descriptor	:	International human rights
Descriptor	:	legal philosophy
Descriptor	:	universalism
Location & Call number	:	‭10.1163/17087384-12340042‬