Rights as Regulation: The Integration of Development and Human Rights

25 Pages Posted: 2 Jun 2010

Date Written: 2007

Abstract

Recent attempts to integrate human rights and development have come from several quarters. However, in contrast to this ascendant orthodoxy and the increasingly ‘commonsensical’ understanding that human rights and development should be integrated as deeply and as quickly as possible, this chapter will argue that their integration should be understood as the creeping transformation of a promised sphere of ‘rights’ into a domain which may aptly be called ‘regulatory’. This transformation results in a problematic contraction of the sphere of politics in the ‘global’ arena.

The argument is made through a brief genealogy of the return of law and development, and through an engagement with the work of Amartya Sen and Hernando De Soto.

Keywords: Law and Development, human rights, development, Sen, De Soto

Suggested Citation

Pahuja, Sundhya, Rights as Regulation: The Integration of Development and Human Rights (2007). Available at SSRN: https://ssrn.com/abstract=1618646 or http://dx.doi.org/10.2139/ssrn.1618646

Sundhya Pahuja (Contact Author)

Melbourne Law School ( email )

University of Melbourne
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 7102 (Phone)

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