Chapter

The Argument by Law

Arvind Sharma

in Are Human Rights Western?

Published in print April 2006 | ISBN: 9780195679489
Published online October 2012 | e-ISBN: 9780199081714 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195679489.003.0005
The Argument by Law

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A modern quasi-legal concept of capitalized Human Rights developed in the West at the expense of cursive human rights in the rest of the world. When it is claimed that human rights are Western then it could be taken to mean that human rights understood as rights of citizens are a Western notion, while human rights understood as the rights of human beings are a universal concept. Of the three forms of rights—personal rights, solidarity rights, and collective rights—it was the first kind which first gained legal force in the West, and the rest followed suit. The suggestion in this chapter is that if the argument by law is won then the argument by morality is lost.

Keywords: human rights; rights of citizens; rights of human beings; personal rights, solidarity rights, and collective rights; law; Industrial Revolution; quasi-legal concept

Chapter.  2642 words. 

Subjects: Human Rights and Immigration

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