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2 - Novelty in New Human Rights

The Decrease in Universality and Abstractness Thesis

from Part I - Cross-Cutting Observations

Published online by Cambridge University Press:  04 January 2020

Andreas von Arnauld
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Kerstin von der Decken
Affiliation:
Christian-Albrechts Universität zu Kiel, Germany
Mart Susi
Affiliation:
Tallinn University, Estonia
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Summary

The element of novelty in relation to new human rights has two main aspects – epistemic and ontic. The epistemic aspect is influenced by time and refers to the process of knowledge development and discursive practice from the introduction of the idea of a new human rights claim, usually reflecting a fundamentally important social value, until sometime after its regional or universal recognition either in human rights positive or soft law, or conversely, its rejection. The claim of ‘novelty’ starts before and ends after the recognition of a new human right in the family of so-called stand-alone human rights.

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The Cambridge Handbook of New Human Rights
Recognition, Novelty, Rhetoric
, pp. 21 - 33
Publisher: Cambridge University Press
Print publication year: 2020

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