Inherent Human Rights: Philosophical Roots Of The Universal Declaration PDF
Preview Inherent Human Rights: Philosophical Roots Of The Universal Declaration
Inherent Human Rights Pennsylvania Studies in Human Rights Bert B. Lockwood, Jr., Series Editor A complete list of books in the series is available from the publisher. Inherent Human Rights Philosophical Roots of the Universal Declaration Johannes Morsink University of Pennsylvania Press Philadelphia Copyright © 2009 University of Pennsylvania Press All rights reserved. Except for brief quotations used for purposes of review or scholarly citation, none of this book may be reproduced in any form by any means without written permission from the publisher. Published by University of Pennsylvania Press Philadelphia, Pennsylvania 19104-4112 Printed in the United States of America on acid-free paper 10 9 8 7 6 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Morsink, Johannes. Inherent human rights : philosophical roots of the Universal Declaration / Johannes Morsink. p. cm. — (Pennsylvania Studies in Human Rights ISBN 978-0-8122-4162-4 (alk. paper) Includes bibliographical references and index. 1. Human rights—History—20th century. I. Title JC571.M837 2009 323.01—dc22 2008041884 For Nancy This page intentionally left blank Contents Introduction: The Need to Think Beyond the Political 1 1. The Metaphysics of Inherence 17 2. Obeying the Conscience of Humanity 55 3. The Shortcomings of the Golden Rule 112 4. Human Rights Cosmopolitanism 148 5. The Charge of Unrealistic Utopianism 205 6. Human Rights and Democratic Participation 253 Notes 278 Index 303 Acknowledgments 319 This page intentionally left blank Introduction: The Need to Think Beyond the Political During the sixty years since its adoption by the Third UN General Assem- bly in December 1948, the Universal Declaration of Human Rights has become a remarkable success story. When one buys the document in bulk from the UN it costs only seventy-five cents, measures four by five inches, and can be readily put in one’s hip pocket or purse. Yet within this little blue and white booklet one finds articulated the moral lingua franca of our age. This booklet has been the inspirational source for millions of persecuted and oppressed individuals around the world. It has been translated into even more languages than has the Bible. It became the platform for thousands of domestic and international nongovernmental organizations (NGOs) and served as a model for the bills of rights in the constitutions of dozens of countries that have been liberated from colo- nial yokes and crumbling empires. It is the ultimate source of almost any human rights reference that my reader may run across in the media, and it lies at the heart of most accusations that some government or other has grossly abused the human rights of its own or other peoples. For all these reasons it makes sense for us to scrutinize the Declaration and to lay bare and explain the philosophical roots of the rights it proclaims. Most great movements of history have had their texts to carry around with them. For religious movements, it may be a version of the Bible, the Qur’an, the Bhagavad Gita, or another sacred text. Believers can be seen reading and getting in touch with their source of inspiration while stand- ing in line or sitting on a bench. For those not religiously inclined, the text could be Confucius’s Analects, Marx’s Communist Manifesto, or Mao’s Little Red Book. To understand any of these religious or secular move- ments and engage in dialogue with their members, others would do well to follow their example and study these inspirational texts. They are ca- nonical and serve as catechisms for their members, who study them to learn the basics of their religious or secular faith. If we wish to succeed
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