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Lecture

Class 6 – LAWS2105C – February 11, 2014.docx

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Department
Law
Course
LAWS 2105
Professor
Pooja Parmar
Semester
Winter

Description
Class 6LAWS2105CFebruary 11 2014In practice human rights claims seem to be reinforcing the power structures that already existIn one of the articles it seems they enforce the power of the dominant Western states Reason for this can be found in the paradox of human rights human rights are a double edged swordgap between promise and reality of human rightsoWhos values and ideas are being considered whos values and ideas are not being consideredReason you ask this question is because you want to make human rights language stronger and want to make the promise of this language possibleSeveral themes common in the two articlesHuman rights nothing more than saving someone who cannot save themselvesBoth articles argue that the misuse and abuse of human rights is intrinsic to human rightsoChandler blames it on the postCold War historyoKapur blames liberal origins of human rights for this paradoxoPoint these two are trying to make is that there is nothing inherently progressiveempowering about human rightsoEmpowering to individuals sometimes but not to everyone one in every instance you must look at the project you are considering to see how it worksBig difference between the two arguments that these two make is that Chandlers approach is that there is a turn to moralethics in the human rights discoursethat has led to a move away from human rights law UN charter etc Because of this focus on ethicsmorality law has been ignoredand that is why he thinks human rights can be misused oKapur doesnt make a morallegal distinction She argues that there is something inherent in human rights law that allows for its misuse authorizes interventions and interferences that she sees as problematicBoth Chandler and Kapur talk about subject of human rightsoSubjectentity that is the bearer of rights ie individuals
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