FTR-FIPPSB205
Philosophy of International Law
Course infoSchedule
Course moduleFTR-FIPPSB205
Credits (ECTS)5
Category-
Language of instructionEnglish
Offered byRadboud University; Faculty of Philosophy, Theology and Religious Studies; Opleiding Filosofie;
Lecturer(s)
Examiner
dr. mr. I. Rosenthal
Other course modules lecturer
Lecturer
dr. mr. I. Rosenthal
Other course modules lecturer
Contactperson for the course
dr. mr. I. Rosenthal
Other course modules lecturer
Academic year2022
Period
SEM1  (05/09/2022 to 29/01/2023)
Starting block
SEM1
Course mode
full-time
Remarks-
Registration using OSIRISYes
Course open to students from other facultiesYes
Pre-registrationNo
Waiting listNo
Placement procedure-
Aims
This course provides a discussion of the foundations of and critical approaches to human rights. On successful completion of this course, you will be able to: 
  • explain different philosophical approaches to human rights; 
  • explain the strengths and weaknesses of the various foundations of and challenges to human rights;
  • relate philosophical debates on human rights to current issues in human rights law;
  • form an opinion on a current human rights issue, using philosophical approaches to human rights.
Content
Since the proclamation of the Universal Declaration of Human Rights in 1948 international law has recognized an increasing number of human rights. Political activists in the North and the South appeal to human rights and so do many states (even when their actions violate human rights law).
Yet, despite becoming a global ‘moral lingua franca’, human rights remain controversial. Various social movements and thinkers call for the recognition of new human rights, such as rights of the peasants, LGBTI+-rights and collective rights. However, classic liberals, and states such as the US, have argued against what they see as the ‘erosion of human rights’ and want to limit human rights to a core of political and civil rights. More fundamentally, the legitimacy of human rights is hotly debated. Marxist, feminist and postcolonial critics argue that human rights do not represent universal values, but that these rights propagate an individualist and market-driven way of life. While some critics call for a transformation of human rights, others urge us to drop human rights altogether.
These debates raise all sorts of urgent questions: Are human rights genuinely universal, and, if so, what is the most appropriate foundation of human rights? Is it desirable to make room within international law for new rights? Are human rights really a defense against oppression or do human rights serve the powerful and deepen injustice? And, if we are to move beyond the (current) human rights framework, what alternatives exist to address injustice?

This course addresses these questions through a discussion of various philosophical approaches to human rights. More specially, it will look at foundations of human rights developed by liberal, and postcolonial thinkers and address critical challenges of human rights (eg. Marxism, and queer theory). The focus will be on contemporary political and legal philosophy, but classic texts (eg Marx) may also be discussed. Philosophical debates on human rights will be connected to concrete issues (topics may include LGBTI+-rights, disability rights and the duties to community as enshrined in the African Charter).
Level

Presumed foreknowledge

Test information
 
  • (Group) presentation.
  • (Group) discussion paper.
  • Feedback presentation.
  • Written take home essay exam.
Specifics
This course is part of a module of three courses in the Philosophy, Politics and Society bachelor programme. You can only take this course if you also take the two associated courses during the same semester. If you want to register for the three courses in this module, you must FIRST register for the module itself via the 'Minor' tab in Osiris, and THEN register for the courses themselves. For an overview of modules and their associated courses, see the course guides on the website of the Faculty of Philosophy, Theology and Religious Studies.

 
Required materials
Literature
The compulsory literature will be uploaded on Brightspace or is available through the library (articles).

Instructional modes
Seminar

Tests
Take home essay
Test weight1
Test typeEssay
OpportunitiesBlock SEM1, Block SEM2