PS531, The International Law of Human Rights
Fall Semester 2004
Study Guide for Week 3
Theories of Human Rights
Reading Assignment:
Symonides, chapter 2 (Jerome J. Shestack, "The Philosophical Foundations of Human Rights")
Thomas M. Franck, "Are Human Rights Universal?" Foreign Affairs, Vol. 80, No. 1, January/February 2001, pp. 191-204. (electronic reserves)
Samuel Huntington, "The West Unique, Nor Universal," Foreign Affairs, Vol. 75, No. 6, November/December 1996, pp. 28-46 (electronic reserves)
Website (optional)
Pew Research Center of the People and the Press (in particular Views of a Changing World 2003)
Libertarian Party Values Survey
Questions to consider in reading the Shestack article: (This article is written in a more philosophical and academic style than the other readings so far. Don't get too bogged down in the details. It provides an overview of theoretical arguments for human rights along with criticisms of them.)
1. Be prepared to explain each of the following theories of human rights?
natural law
positivism
utility
justice (in particular John Rawls)
cultural relativism
Questions to consider in reading the Franck article:
2. What point is Franck making in comparing the positions of the United States and the Taliban toward international standards on human rights?
3. What is meant by the concept "cultural exceptionalism"? What arguments are typically made to justify cultural exceptionalism?
4. What arguments does Franck offer in arguing against cultural exceptionalism and for the "universality" of human rights---that is that they should apply to all people?
5. Do you agree that human rights should be treated as being universally applicable to all people? If so, what roles should the United States and/or the United Nations play in promoting human rights?
Questions to consider in reading the Huntington article: (Huntington is the one who popularized the phrase "clash of civilizations," which is used frequently these days in refer to the apparent conflict between Islam and the West.)
6. According to Huntington, when did the elements of Western civilization first come together?
7. What does Huntington consider to be the distinctive characteristics of Western civilization?
8. Why doesn't Huntington believe in the possibility of a universal civilization evolving that would be modeled on Western values?
9. What does Huntington feel should be done to shore up Western civilization in view of the resurgence of other civilizations, such as Islam?
10. Are you as pessimistic as Huntington about the possibilities for the acceptance of a universal set of human values in an era of economic globalization?