Human Rights on Trial: A Genealogy of the Critique of Human Rights

A comprehensive examination of the arguments against human rights from the French Revolution to the present, exploring the historical and contemporary debates. It challenges the notion of a sharp division between human rights and the rights of man and provides a framework for a democratic defense of human rights.

Format: Paperback / softback
Length: 266 pages
Publication date: 31 May 2018
Publisher: Cambridge University Press

The first comprehensive examination of the arguments against human rights from the French Revolution to the present day. The authors delve into the divergences and convergences between classical arguments against human rights, as articulated by figures such as Edmund Burke, Jeremy Bentham, Auguste Comte, Louis de Bonald, Joseph de Maistre, Karl Marx, Carl Schmitt, and Hannah Arendt, and contemporary critiques in Anglo-American and French political philosophy. Human Rights on Trial stands out for its unique blend of history of ideas with normative theory, as well as its comprehensive integration of British/North American and continental debates on human rights. It presents a compelling challenge to the prevailing notion of a stark divide between human rights today and the rights of man proclaimed at the end of the eighteenth century. Moreover, it provides a robust framework for a democratic defense of human rights.

Edmund Burke, a prominent political philosopher during the eighteenth century, expressed concerns about the potential abuses of human rights. He argued that individuals may use rights as a means to harm others, leading to a loss of individual liberty and the erosion of societal order. Burke's ideas influenced the development of classical liberalism, which emphasizes individual freedom and limited government intervention.

Jeremy Bentham, another influential figure, developed the utilitarian philosophy, which emphasizes the greatest good for the greatest number of people. Bentham argued that human rights should be designed to promote social welfare and that they should not be used to prioritize the interests of a particular group or individual. His ideas contributed to the development of liberal democracy, which emphasizes the protection of individual rights and the promotion of social justice.

Auguste Comte, a French philosopher known as the father of sociology, believed that human rights were essential for the development of society. He argued that human rights should be based on social contracts and that they should be universal, applying to all individuals regardless of their race, gender, or social status. Comte's ideas influenced the development of social democracy, which emphasizes the importance of government intervention to address social and economic inequality.

Louis de Bonald, a French political theorist, argued that human rights should be limited to protect individual liberty and prevent the abuse of power. He believed that human rights should be subject to the rule of law and that they should not be used to interfere with the natural order of things. De Bonald's ideas influenced the development of conservatism, which emphasizes the importance of traditional values and limited government intervention.

Joseph de Maistre, a French philosopher known for his advocacy of absolute monarchy, argued that human rights should be subordinate to the interests of the state. He believed that human rights should be used to promote the stability and security of the state and that they should not be used to challenge the authority government authority. De Maistre's ideas influenced the development of authoritarianism, which emphasizes the importance of a strong central government and the subordination of individual rights to the interests of the state.

Karl Marx, a German philosopher and social theorist, believed that human rights were essential for the abolition of class struggle and the establishment of a socialist society. He argued that human rights should be based on the common ownership of the means of production and that they should be used to empower the working class and eliminate the dominance of the capitalist class. Marx's ideas influenced the development of communism, which emphasizes the abolition of private property and the establishment of a classless society.

Carl Schmitt, a German jurist and political theorist, argued that human rights should be limited to protect the interests of the state and to prevent the emergence of rival political powers. He believed that human rights should be subject to the rule of law and that they should not be used to challenge the authority of the state. Schmitt's ideas influenced the development of fascism, which emphasizes the importance of a strong leader and the subordination of individual rights to the interests of the state.

Hannah Arendt, a German-American philosopher, believed that human rights were essential for the protection of individual freedom and the prevention of totalitarianism. She argued that human rights should be based on the principles of democracy and the rule of law and that they should be used to promote the participation of individuals in political life and the development of a public sphere. Arendt's ideas influenced the development of liberal democracy, which emphasizes the protection of individual rights and the promotion of social justice.

Weight: 440g
Dimension: 153 x 227 x 13 (mm)
ISBN-13: 9781108438155