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This article argues that the systems theory of Niklas Luhmann prepares the ground for a genuinely sociological theory of human rights. Through a presentation of Luhmann’s work on human rights, it describes the historical and sociological processes that make visible why human rights emerge as a central feature of modern society. It is argued that the emergence of fundamental freedoms and human rights can be related to the dominant structure of modern society, that is, functional differentiation. Human rights are considered as a social institution, whereby modern society protects its own structure against self-destructive tendencies. By giving inalienable and equal rights to all human beings, society ensures that the differentiation between different functional subsystems is maintained and at the same time institutionalizes specific mechanisms to increase stability and protection of the individual. The article first examines some features of the systems-theoretical framework that are used to describe and analyse the issue of human rights. Next, it presents a brief overview of the semantic evolution of human rights. This reconstruction focuses on the question how the modern semantics of human rights can be linked to a specific structural societal transformation. The second part of the essay is devoted to the social function of human rights. After focusing on the general function, it makes a distinction between ‘fundamental freedoms’ on the one hand, and the ‘rights of equality’ on the other.

Between the Second World War and the early 1970s, political leaders, activists, citizens, protestors. and freedom fighters triggered a human rights revolution in world affairs. Stimulated particularly by the horrors of the crimes against humanity in the 1940s, the human rights revolution grew rapidly to subsume claims from minorities, women, the politically oppressed, and marginal communities across the globe. The human rights revolution began with a disarmingly simple idea: that every individual, whatever his or her nationality, political beliefs, or ethnic and religious heritage, possesses an inviolable right to be treated with dignity. From this basic claim grew many more, and ever since, the cascading effect of these initial rights claims has dramatically shaped world history down to our own times.

The contributors to this volume look at the wave of human rights legislation emerging out of World War II, including the UN Declaration of Human Rights, the Nuremberg trial, and the Geneva Conventions, and the expansion of human rights activity in the 1970s and beyond, including the anti-torture campaigns of Amnesty International, human rights politics in Indonesia and East Timor, the emergence of a human rights agenda among international scientists, and the global campaign female genital mutilation. The book concludes with a look at the UN Declaration at its 60th anniversary. Bringing together renowned senior scholars with a new generation of international historians, these essays set an ambitious agenda for the history of human rights.

How were human rights invented, and how does their tumultuous history influence their perception and our ability to protect them today? From Professor Lynn Hunt comes this extraordinary cultural and intellectual history, which traces the roots of human rights to the rejection of torture as a means for finding the truth. She demonstrates how ideas of human relationships portrayed in novels and art helped spread these new ideals and how human rights continue to be contested today.

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future.

For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront.

It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

Elizabeth Borgwardt describes how a cadre of World War II American planners inaugurated the ideas and institutions that underlie our modern international human rights regime. Borgwardt finds the key in the 1941 Atlantic Charter and its Anglo-American vision of "war and peace aims." In attempting to globalize what U.S. planners heralded as domestic New Deal ideas about security, the ideology of the Atlantic Charter--buttressed by FDR's "Four Freedoms" and the legacies of World War I--redefined human rights and America's vision for the world.
By analyzing the interaction of ideas, individuals, and institutions that transformed American foreign policy--and Americans' view of themselves--Borgwardt illuminates the broader history of modern human rights, trade and the global economy, collective security, and international law. This book captures a lost vision of the American role in the world.

A la fois théorique et pratique, le livre de Mireille Delmas-Marty propose une recomposition des paysages juridiques nationaux et internationaux. L’auteur plaide pour un droit commun, dans tous les sens du terme: accessible à tous au lieu d’être réservé aux seuls interprètes officiels, commun également aux différents secteurs du droit malgré la spécialisation croissante; commun enfin à divers États, qui n’abandonneraient pas pour autant leur identité. Sans renoncer aux acquis de la pensée juridique traditionnelle, Mireille Delmas-Marty montre que la rigueur du raisonnement peut aussi s’appliquer à des objets instables ou imprécis. Partant des droits de l’homme, l’auteur propose de fonder un droit des droits dont l’objectif serait de rapprocher, et non d’unifier, les différents systèmes.

This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions.

I examine the current movement for children's rights in the United States in terms of the history of child saving, and of the recent events concerning human rights. I stress the conflicts between the salvation and liberation of children, especially in the areas of education and justice. I also consider various approaches to children's rights to define the current movement, and review recent concerns so that I may clarify future needs and strategies.

Since when, how, and why have sociologists discussed human rights in their work? In which forms of theoretical and empirical inquiry have such investigations been conducted, and what are some of their consequences for the praxis of sociology as well as for our understanding of human rights? We focus on the manner in which sociologists have conceptualized human rights and approached the topic from a number of analytical perspectives. In general, human rights have only recently begun to move sociologists in any noteworthy degree. This paper traces the difficult birth of a sociology of human rights relative to the place of the notion of rights in the sociology of law. This paper also ponders on the enthusiastic turn towards human rights in more recent times and criticizes some the reasons for this generous embrace of human rights. This critique is intended to enable rather than impede a truly sociological sociology of (human) rights.

Contrary to current tendencies, the founders of sociology as a discipline regarded the sociology of law as an integral part of social theory. Law and its historical variations were treated by them as a constitutive component of social life. This can be demonstrated especially with regard to Émile Durkheim and Max Weber. It also provides an opportunity to highlight the differences between these authors, not only in methodological but also in substantive terms. In the essay it is shown how both authors treated law in comparative and developmental perspectives and varied in assessing the role of penal law and human rights in the course of history. Connections to the current theoretical debate in Germany are also drawn.