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8 - Borges’ Pierre Menard, Author of the Quixote and the Idea of a European Consensus

from Part I - Understanding European Consensus

Published online by Cambridge University Press:  04 January 2019

Panos Kapotas
Affiliation:
University of Portsmouth
Vassilis P. Tzevelekos
Affiliation:
University of Liverpool
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Summary

This chapter examines aspects of the European consensus, taking as its starting point Jorge Luis Borges’ intriguing parable, Pierre Menard, Author of the Quixote. The story is about (the fictional) Menard’s seemingly impossible and preposterous, but ultimately successfully realised, exercise of rewriting Cervantes’ Don Quixote in the twentieth century. Applied to human rights, it provides a valuable insight. For it suggests that the universal appeal that certain cultural norms (in our case, human rights) possess is partly explained by the very fact that divergent cultures and histories can somehow simultaneously converge on the same understandings. Human rights norms may be the product of diverse and varied cultural, historical and legal systems. Yet the different legal resources in the Member States of the European Convention may nonetheless provide a basis for a consensus. Consensus implies some sort of accord, but there are many ways to reach an accord, and all sorts of interesting and stimulating questions, including literary ones, such as those of Borges, to be asked about this process.
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Building Consensus on European Consensus
Judicial Interpretation of Human Rights in Europe and Beyond
, pp. 167 - 186
Publisher: Cambridge University Press
Print publication year: 2019

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