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Lookup NU author(s): Professor Richard Mullender
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Hegel's political philosophy gives prominence to the theme that human beings have a need for recognition of those qualities, characteristics, and attributes that make them distinctive. Hegel thus speaks to the question whether human rights law should recognize and accommodate the nuances of individual make-up. Likewise, he speaks to the question whether human rights law should be applied in ways that are sensitive to the cultural contexts in which it operates. But Hegel's political philosophy evaluates norms and practices within particular cultures by reference to the higher-order and universal criterion of abstract right. In light of this point and the inadequacies of political philosophy that privileges local norms and practices, a third approach to the protection of human rights is canvassed. This approach prioritizes neither universal nor local norms. Its aim is to ensure that both human rights and the cultures in which they are applied are taken seriously.
Author(s): Mullender R
Publication type: Article
Publication status: Published
Journal: Journal of Law and Society
Year: 2003
Volume: 30
Issue: 4
Pages: 554-574
ISSN (print): 0263-323X
ISSN (electronic): 1467-6478
Publisher: Wiley-Blackwell Publishing Ltd.
URL: http://dx.doi.org/10.1111/j.1467-6478.2003.00270.x
DOI: 10.1111/j.1467-6478.2003.00270.x
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