Human Rights Histories

Research output: Contribution to journalBook/Film/Article reviewpeer-review

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Abstract

This review article considers Samuel Moyn’s book The Last Utopia:Human Rights in History in the context of recent trends in the writing of human rights history. A central debate among historians of human rights, in seekingto account for the genesis and spread of human rights, is how far current humanrights practice demonstrates continuity or radical discontinuity with previousattempts to secure rights. Moyn’s discontinuity thesis and the controversysurrounding it exemplify this debate. Whether Moyn is correct is importantbeyond the confines of human rights historiography, with implications for theirmeaning in law, as well as their political legitimacy. This review argues that Moyn’s book ultimately fails to convince, for two broad reasons. First, a more balanced judgment would conclude that the history of human rights is both one of continuity and discontinuity. Second, and more importantly, Moyn fails to offer a convincing account of the normativity of human rights. Undertaking a history of human rights requires a deeper engagement with debates on the nature and validity of human rights than Moyn seems prepared to contemplate.
Original languageEnglish
Pages (from-to)179-212
Number of pages34
JournalOxford Journal of Legal Studies
Volume35
Issue number1
Early online date29 Sep 2014
DOIs
Publication statusPublished - 2015

Keywords

  • human rights, human dignity, constitutional rights, international human rights, legal history

ASJC Scopus subject areas

  • Law

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