Human-rights legitimacy debates hinge on contested claims about their universal or colonial origins

Evidence

One of the most intractable debates about human rights concerns the legitimacy of intervention across borders to prevent their violation. Whether or not such legitimacy is legitimate is often thought to hinge on the answer to another question: How universal is the provenance of human rights? While some attempt to construct a multicultural Whig history by identifying the origins of human rights in ancient Hindu texts or the writings of Confucius, it is more common to point to the participation of delegates from Lebanon, China, Saudi Arabia or India in the drafting of the UDHR as evidence that human rights have a cross-cultural legitimacy capable of grounding human rights interventions. For critics, on the other hand, human rights universalism is marked by a history of European colonialism, and serves both to facilitate and to obscure the coercive reconstruction of societies on capitalist lines. The anthropologist Talal Asad, for instance, situates human rights in a lineage stretching back to the Spanish colonisation of the Americas, for which the extension of European law was explicitly viewed as a project of cultural and religious transformation; most human rights theorists, Asad argues, ‘don’t address seriously enough the thought that human rights is part of a great work of conversion’. — Jessica Whyte, The Morals of the Market, 128

Categorization

  • XREF: Connects to the Islamophobia and the Novel / The New Crusades cluster on human-rights discourse as imperial tool, and to France’s civilizing mission readings. — connects to: Human rights rhetoric masks imperial assumptions that racialize colonized peoples; Key human rights drafters combined universalist rhetoric with colonial paternalism — Jessica Whyte, The Morals of the Market: Human Rights…, 269; Criticism of human rights as a Western construct predates postcolonial autocracy. — Jessica Whyte, The Morals of the Market: Human Rights…, 102 (+4 more)
  • DEFINE: Frames the universalist-versus-colonialist axis that structures both human-rights scholarship and Whyte’s own argument about market ethics.

Broader Connections