عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA108063
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
Universal Human Rights 'Versus' Cultural Relativism:
General Material Designation
[Article]
Other Title Information
the Mediating Role of Constitutional Rights
First Statement of Responsibility
Nana Kwame Agyeman, Alfred Momodu, Nana Kwame Agyeman, et al.
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill | Nijhoff
SUMMARY OR ABSTRACT
Text of Note
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.
SET
Date of Publication
2019
Physical description
23-46
Title
African Journal of Legal Studies
Volume Number
12/1
International Standard Serial Number
1708-7384
UNCONTROLLED SUBJECT TERMS
Subject Term
constitutional rights
Subject Term
constitutionalism
Subject Term
cultural relativism
Subject Term
International human rights
Subject Term
legal philosophy
Subject Term
universalism
PERSONAL NAME - PRIMARY RESPONSIBILITY
Alfred Momodu
Nana Kwame Agyeman
LOCATION AND CALL NUMBER
Call Number
10.1163/17087384-12340042
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
