Essay about Analysis Of Posner 's ' Twilight Of Human Rights '

Essay about Analysis Of Posner 's ' Twilight Of Human Rights '

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Posner’s “Twilight of Human Rights” has a straightforward argument; human rights international law, has become a “regime” since World War II. However, is not a functional regime, since it has not been able to accomplish the main goals proposed in the major treaties. The aim of this brief is to provide a review of this central argument. For doing so, this paper will first tackle the theoretical and methodological strengths and weaknesses. The purpose of the above mentioned is to set a framework for doing an in-depth analysis of his theoretical and empirical arguments, which is hard not to agree with. Nevertheless, more significant and accurate arguments can be set by taking a different methodological and theoretical approach.
The “Twilight of human rights” structure is designed for making the reader familiar with how human rights were created and how they evolved within different socio-historical contexts. The historical chapter sets the basis of Posner’s argument: human rights, in different cultural traditions, emerged as a moral constraint, with the purpose of setting a regulatory standard for social interaction. Despite Posner explains the legal aspects of Human Rights emergence, it is important to recall that this clarification is succinct. Furthermore, he is intentionally avoiding to peruse the scope of these historical declarations. For instance, the Declaration of the Rights of Man was taken out of context. Despite the idea of “natural rights” was revolutionary, since they were a major step within a political struggle, it is noteworthy to remember, that during the French Revolution concept of “man” exclusively referred to European males, members of economic elites. This epistemological omission, goes on through the entire ch...


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...ples he provides, he is suggesting that States’ ideology would define the dynamics during conflict. The fact that he justifies some humanitarian interventions and do not condemns all the authors of the atrocities, seems to bolster the Orwellian premise. Moreover, he admits the West would turn a blind eye in some cases, since “the West really had no interest in what was going on in those countries” (133), which seem to be less equal.
Posner conclusions state his disenfranchisement on how international human rights law operates by making evident that the “human rights regime” has failed to its original purpose, as stated in UNDHR preamble. Since the aim of the book is not to start a quest for structural changes on human rights, he just encourages to take into consideration all what he left aside in the book: alternative perspectives, more humane and less ethnocentric.

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