Abstract

http://ssrn.com/abstract=1695304
 
 

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Bendable Rules: The Development Implications of Human Rights Pluralism


David Kinley


University of Sydney - Faculty of Law

October 21, 2010

LEGAL PLURALISM AND DEVELOPMENT POLICY, C. Sage, B. Tamanaha, M. Woolcock, eds., Forthcoming
Sydney Law School Research Paper No. 10/104

Abstract:     
This is a paper about ‘human rights pluralism’, and about how human rights’ inherent flexibility can be embraced by development policy-makers and practitioners in ways that can aid the goals of both development and human rights. The paper argues that, even though human rights are often expressed in legal terms – terms that are usually associated with the rigidity of obligation – human rights are inherently pluralistic. This is for two reasons. First, upon closer inspection, human rights laws, and especially international human rights laws, far from imposing rigidity, reflect substantial elasticity as regards their statement, interpretation and implementation. And second, in any case, it is and always has been a mistake not to consider human rights laws within the unavoidably influential philosophical, cultural and economic contexts in which they operate. The political, in other words, is both a necessary and desirable dimension of the legal expression of human rights. Drawing upon this conceptual basis, the paper identifies six specific ‘grammatical features’ of human rights and describes how and why they might be profitably employed by development specialists.

Number of Pages in PDF File: 18

Keywords: human rights, development, international relations, international law, legal theory

JEL Classification: K10, K30, K32

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Date posted: October 22, 2010 ; Last revised: November 1, 2010

Suggested Citation

Kinley, David, Bendable Rules: The Development Implications of Human Rights Pluralism (October 21, 2010). LEGAL PLURALISM AND DEVELOPMENT POLICY, C. Sage, B. Tamanaha, M. Woolcock, eds., Forthcoming; Sydney Law School Research Paper No. 10/104. Available at SSRN: http://ssrn.com/abstract=1695304

Contact Information

David Kinley (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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