Barely a decade after the end of the Cold War, the fury of violence has been unleashed around the world, taking the form of terrorism, wars against terrorism, and genocidal mayhem. These developments stand in contrast to more hopeful legacies of the twentieth century: creation of the United Nations and adoption of international documents such as the "Universal Declaration of Human Rights." These legacies have encouraged a series of initiatives aiming at the formulation of a global or cosmopolitan ethics guiding (...) the global community. The essay examines the promise and drawbacks of some of these initiatives. After reviewing proposals sponsored by Hans Küng and Martha Nussbaum, the essay turns to criticisms registering a perceived neglect of situated differences and motivational resources. To correct these deficits, the conclusion focuses on the political plane arguing that a viable global ethics needs to be anchored in, or supplemented by, a global political praxis. (shrink)

It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is especially serious in light of (...) the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources. (shrink)

This essay is about the difficulties connected with grounding human rights philosophically in a multicultural context. These difficulties are argued to derive from the tension between our aspiration to universal validity and our shared belief in the constitutive role of life-forms, traditions, cultures, and vocabularies vis-à-vis our conceptions of justice. Rawls's and Habermas's approaches to the justification of human rights are then briefly reconstructed and assessed. A symmetrical distribution of strong and weak points is argued to obtain. In the light (...) of this reconstruction, the author explores the potential of his judgment view of justice for providing a justification of the universality of human rights not vulnerable to the difficulties of the other examined approaches. (shrink)

It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is especially serious in light of (...) the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources. (shrink)

Barely a decade after the end of the Cold War, the fury of violence has been unleashed around the world, taking the form of terrorism, wars against terrorism, and genocidal mayhem. These developments stand in contrast to more hopeful legacies of the twentieth century: creation of the United Nations and adoption of international documents such as the “Universal Declaration of Human Rights.” These legacies have encouraged a series of initiatives aiming at the formulation of a global or cosmopolitan ethics guiding (...) the global community. The essay examines the promise and drawbacks of some of these initiatives. After reviewing proposals sponsored by Hans Küng and Martha Nussbaum, the essay turns to criticisms registering a perceived neglect of situated differences and motivational resources. To correct these deficits, the conclusion focuses on the political plane arguing that a viable global ethics needs to be anchored in, or supplemented by, a global political praxis. (shrink)

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while maintaining (...) that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates. (shrink)