Legal Universalism and Cultural Relativism
Human Rights: The Global Struggle for Dignity, Equality, and Justice, NOVA Publications , ss.1-17, 2026
- Yayın Türü: Kitapta Bölüm / Araştırma Kitabı
- Basım Tarihi: 2026
- Yayınevi: NOVA Publications
- Sayfa Sayıları: ss.1-17
- Anahtar Kelimeler: codification, essentialization, eurocentric reductionism, group specific rights, human rights categories, interculturality
- Orta Doğu Teknik Üniversitesi Adresli: Evet
Özet
In the process of attempting to institutionalize international relations with regard to the implementation of human rights that are politically and legally binding for the entire world of states, which began after the Second World War, one of the most important difficulties to date has been to place the universal character of human rights on a globally accepted basis. In particular, we are dealing with the still unresolved tension between universalism and cultural relativism. This, in turn, leads some authors to argue that there is a division between indispensable, universally essential, ultimately holistic human rights and less important, but nevertheless preferably acceptable, particular human rights. The line of argument of this approach usually has a progressivist connotation, i.e., it emphasizes respect for the ‘other’; concepts such as value pluralism and multiculturalism are now an indispensable part of the professional compendium, primarily in the legal and social sciences. In addition to the internal academic discourse, this is also reflected in the socio-political discourse. The following text represents an attempt to identify the constitutive characteristics of this tension. It will also examine whether and to what extent an interweaving of legal universality and cultural particularity benefits the historical process of achieving universalisms, or slows it down or even torpedoes it.