Negotiating Culture and Human Rights

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Columbia University Press, 2001 - Law - 428 pages
Negotiating Culture and Human Rights provides a new interdisciplinary approach to issues of cultural values and universal human rights. Central to the discussion is the "Asian values debate," so named because of the culturally relativist ideals embraced by some key Asian governments. By analyzing how cultural difference and human rights operate in theory and practice in such areas as legal equality, women's rights, and ethnicity, the contributors forge a new way of looking at these critical issues. They call their approach "chastened universalism," arguing that respect for others' values need not lead to sterile, relativist views. Ultimately the authors conclude that it is less important to discover pre-existing common values across cultures than to create them through dialogue and debate
 

Contents

Who Produces Asian Identity? Discourse Discrimination and Chinese Peasant Women in the Quest for Human Rights
21
Culturally Informed Arguments for Universal Human Rights
43
Getting Beyond CrossTalk Why Persisting Disagreements Are Philosophically Nonfatal
45
Western Defensiveness and the Defense of Rights A Communitarian Alternative
68
Rights Hunting in NonWestern Traditions
96
Human Rights Law and Its Limits
123
How a Liberal Jurist Defends the Bangkok Declaration
125
Are Women Human? The Promise and Perils of Womens Rights as Human Rights
153
Universalization of the Rejection of Human Rights Russias Case
258
Ethnicity and Human Rights in Contemporary Democracies Israel and Other Cases
303
Walking Two Roads Reading Human Rights in Contemporary Chinese Fiction
334
Beyond Universalism and Relativism
347
Universalism A Particularistic Account
349
Dedichotomizing Discourse Three Gorges Two Cultures One Nature
369
Universal Declaration of Human Rights
383
Bangkok Declaration on Human Rights
390

RePositioning Human Rights Discourse on Asian Perspectives
197
Rights Discourse and Power Relations
215
Human Rights and the Discourse on Universality A Chinese Historical Perspective
217
Jihad Over Human Rights Human Rights as Jihad Clash of Universals
242
Bangkok NGO Declaration on Human Rights
395
Convention on the Elimination of All Forms of Discrimination Against Women
404
Index
415
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About the author (2001)

Andrew J. Nathan is Class of 1919 Professor of Political Science at Columbia University. He is the author of China's New Rulers: The Secret Files (New York Review of Books, 2002) with Bruce Gilley; the co-editor of Constructing Human Rights in the Age of Globalization (Routledge, 2003) with Mahmood Monshipouri, Neil Englehart, and Kavita Philip; and the co-editor of How East Asians View Democracy (CUP 2010) with Yun-han Chu, Larry Diamond, and Doh Chull Shin.