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The Fallacies in the "Universalism Versus Cultural Relativism" Debate in Human Rights Law

The Fallacies in the "Universalism Versus Cultural Relativism" Debate in Human Rights Law Asia-Pacific Journal on Human Rights and the Law 1: 67-84, 2006. © 2006 Koninklijke Brill NV. Printed in the Netherlands THE FALLACIES IN THE “UNIVERSALISM VERSUS CULTURAL RELATIVISM” DEBATE IN HUMAN RIGHTS LAW Fernand de Varennes ∗ 1. Introduction Human rights are a “Western” construct which do not always sit comfortably within the confines of many Asian societies. This view often leads to the assumption that the “idea” of human rights is somehow more the prerogative of Western societies. This is not only oversimplistic, it is also based on an ignorance of Asian writings and traditions from which one can find the same "seeds" and inspirations for what we call today human rights. The Qu’ran, which is not only a holy book but also a book of law, contains sections dealing with equality, freedom of religion, and the right to property, as did other philosophical and legal sources throughout Asia. While not necessarily using the words “human rights”, they were nevertheless based on a sense of justice and humanity that are essential building blocks for what are considered today human rights standards. This article proposes that these assumptions need to be examined anew in light of a more http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asia-Pacific Journal on Human Rights and the Law Brill

The Fallacies in the "Universalism Versus Cultural Relativism" Debate in Human Rights Law

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Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-1906
eISSN
1571-8158
DOI
10.1163/157181506778218120
Publisher site
See Article on Publisher Site

Abstract

Asia-Pacific Journal on Human Rights and the Law 1: 67-84, 2006. © 2006 Koninklijke Brill NV. Printed in the Netherlands THE FALLACIES IN THE “UNIVERSALISM VERSUS CULTURAL RELATIVISM” DEBATE IN HUMAN RIGHTS LAW Fernand de Varennes ∗ 1. Introduction Human rights are a “Western” construct which do not always sit comfortably within the confines of many Asian societies. This view often leads to the assumption that the “idea” of human rights is somehow more the prerogative of Western societies. This is not only oversimplistic, it is also based on an ignorance of Asian writings and traditions from which one can find the same "seeds" and inspirations for what we call today human rights. The Qu’ran, which is not only a holy book but also a book of law, contains sections dealing with equality, freedom of religion, and the right to property, as did other philosophical and legal sources throughout Asia. While not necessarily using the words “human rights”, they were nevertheless based on a sense of justice and humanity that are essential building blocks for what are considered today human rights standards. This article proposes that these assumptions need to be examined anew in light of a more

Journal

Asia-Pacific Journal on Human Rights and the LawBrill

Published: Jan 1, 2006

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