Human Rights Histories

43 Pages Posted: 5 Apr 2015 Last revised: 23 Apr 2015

See all articles by Christopher McCrudden

Christopher McCrudden

Queen's University Belfast - School of Law; University of Michigan Law School; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: April 3, 2015

Abstract

This review article considers Samuel Moyn’s book The Last Utopia: Human Rights in History in the context of recent trends in the writing of human rights history. A central debate among historians of human rights, in seeking to account for the genesis and spread of human rights, is how far current human rights practice demonstrates continuity or radical discontinuity with previous attempts to secure rights. Moyn’s discontinuity thesis and the controversy surrounding it exemplify this debate. Whether Moyn is correct is important beyond the confines of human rights historiography, with implications for their meaning in law, as well as their political legitimacy. This review argues that Moyn’s book ultimately fails to convince, for two broad reasons. First, a more balanced judgment would conclude that the history of human rights is both one of continuity and discontinuity. Second, and more importantly, Moyn fails to offer a convincing account of the normativity of human rights. Undertaking a history of human rights requires a deeper engagement with debates on the nature and validity of human rights than Moyn seems prepared to contemplate.

Keywords: human rights, human dignity, constitutional rights, international human rights, legal history

JEL Classification: K19, K33, K39, K41

Suggested Citation

McCrudden, Christopher, Human Rights Histories (April 3, 2015). Oxford Journal of Legal Studies, Forthcoming; U of Michigan Public Law Research Paper No. 448; Queen's University Belfast Law Research Paper No. 08. Available at SSRN: https://ssrn.com/abstract=2589581

Christopher McCrudden (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, Northern Ireland BT7 1NN
United Kingdom

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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