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Introduction

Deconstruction, Concrete Universalisms, and Human Rights of the Other

Published online by Cambridge University Press:  07 October 2011

William Paul Simmons
Affiliation:
Arizona State University
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Summary

To call for a deconstruction of human rights law must seem both impudent and untimely. Impudent because deconstruction, having arrived uninvited and quite late to the human rights party, dares to undertake a criticism of human rights law’s very foundations; untimely because this critique comes at the very moment that human rights law is struggling to maintain its newly gained prominence in legal, academic, and policy circles against the onslaughts of interminable wars on terror and their concomitant ideologies of realpolitik. Just when human rights law appears in its most robust state, deconstruction has the nerve to call for its reinvigoration. How could human rights law require reinvigoration today?

Furthermore, deconstruction must appear to be an odd candidate to assist in the reinvigoration of human rights law when it, along with its fellow traveler postmodernism, are infamous for their obscurantism, for “producing a scholarship” that is “conceptual, arid, and removed from experience” (Blumenson 1996, 527). More substantively, they have been censured for their rejection of any type of values or universalism, leaving behind a morass of relativism. As feminist legal scholar Catharine MacKinnon challenges:

Can postmodernism hold the perpetrators of genocide accountable? If the subject is dead, and we are dealing with deeds without doers, how do we hold perpetrators accountable for what they perpetrate? Can the Serbian cultural defense for the extermination of Croats, Bosnian Muslims, and Kosovar Albanians be far behind? If we can have a multicultural defense for the current genocide, because that’s how the Serbs see it, why not a German cultural defense for the earlier one? Anti-Semitism was part of German culture. (2000, 706)

We are told, in the New York Times no less, that postmodernism is so “ethically perverse” that it would even rule out condemnation of the terrorist attacks of 9/11. After all, the purported “rejections of universalist values and ideals leave little room for unqualified condemnations of a terrorist attack, particularly one against the West” (Rothstein 2001).

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Publisher: Cambridge University Press
Print publication year: 2011

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  • Introduction
  • William Paul Simmons, Arizona State University
  • Book: Human Rights Law and the Marginalized Other
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844539.002
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  • Introduction
  • William Paul Simmons, Arizona State University
  • Book: Human Rights Law and the Marginalized Other
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844539.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • William Paul Simmons, Arizona State University
  • Book: Human Rights Law and the Marginalized Other
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511844539.002
Available formats
×