Liberal theory and minority group rights

被引:17
|
作者
Oestreich, JE [1 ]
机构
[1] Brown Univ, Providence, RI 02912 USA
关键词
D O I
10.1353/hrq.1999.0011
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
This article will not directly address this first line of attack. The debate over the universality of liberal ethics has consumed countless volumes of philosophy with no satisfactory conclusion so far? Those who would simply reject current human rights norms as an imposition of the powerful can and do propose a myriad of alternatives. This article will suggest a way that much of the second line of attack can be accommodated under existing notions of individual human rights. In doing so, this article will borrow from the extensive literature that has centered around the ongoing debate between liberal and communitarian philosophies, and particularly from the debate over the rights of cultural minorities. The argument will be about cultural rights, not political ones. Part II of this article will briefly show the importance that cultural rights have had in the development of international human rights standards and how these rights have fallen out of favor. Part III will then attempt to show how they can be resuscitated without changing international law as it now exists. Part IV will apply the standards developed in Part III to the demands of indigenous peoples, the most extensive and developed area of group rights. The conclusion will suggest some advantages and disadvantages of this new perspective.
引用
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页码:108 / 132
页数:25
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