
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
This book investigates the distinctive nature of international human rights law as an academic discipline and its influence on the broader framework of general international law. The author, Steven C. Wheatley, utilizes a methodology rooted in linguistic usage and complexity theory to analyze how the concept of human rights functions within legal practice. By examining United Nations practices, core treaties, and customary international law, the text argues that the moral concept of human rights has emerged as a tangible fact of the social world, thereby contributing to the fragmentation of international legal systems.
What You Will Find
Scope Limits
Experts recognize this work as a sophisticated contribution to legal theory that bridges the gap between abstract moral concepts and practical international law. Readers frequently note the academic density of the prose, which is best suited for scholars and practitioners familiar with international legal frameworks.
Page Count:
240
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0191066877
ISBN-13:
9780191066870
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