Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Journal Articles
The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …