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3 - The crisis of legalism

Published online by Cambridge University Press:  05 June 2012

Conor Gearty
Affiliation:
London School of Economics and Political Science
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Summary

A reason why I was keen in chapter 2 to get under the skin of human rights and to develop an ethical base for the subject that could survive scrutiny was that I feared that without such a foundation the subject would be all the more vulnerable to other challenges, other threats to its survival. In this and the next chapter I look at two such hazards, each in its own way a consequence of the success that, as I have already recognised, the subject undoubtedly enjoys today. In chapter 4, I will look at how the term ‘human rights’ has come to be abused by the powerful, as a means of legitimising the exploitation both of peoples and of the world's natural resources. In that chapter, I will ask what can we do to protect ‘human rights’ from being captured by those who would use it in this way to mask other, more brutal projects, such as colonial-style militarism or the abuse of persons within their power. This chapter takes a different tack. When I was talking in the last chapter about rooting the human rights idea in an active sense of compassion, I raised then the danger that this approach, laudatory though it is, would not translate well into the political sphere, and that as a result human rights as a subject would never outgrow its individual-oriented, person-focused origins.

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Publisher: Cambridge University Press
Print publication year: 2006

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  • The crisis of legalism
  • Conor Gearty, London School of Economics and Political Science
  • Book: Can Human Rights Survive?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139167369.005
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  • The crisis of legalism
  • Conor Gearty, London School of Economics and Political Science
  • Book: Can Human Rights Survive?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139167369.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The crisis of legalism
  • Conor Gearty, London School of Economics and Political Science
  • Book: Can Human Rights Survive?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139167369.005
Available formats
×